The Camp Lejeune Justice Act of 2022 identifies those who can file a personal injury claim for toxic water contamination damages under the new federal statute.
The Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”) opens new avenues for justice to those who have been seriously injured, sometimes fatally, from bodily injuries caused by the contaminated water at the Marine Corps Base Camp Lejeune in North Carolina during the time period of August 1, 1953 to December 31, 1987.
Anyone who meets the criteria defined within the Camp Lejeune Act to be a claimant under the federal statute has a legal right to file a civil lawsuit against the United States Government for personal injury damages caused by the toxic water that pervaded Camp Lejeune from 1953 to 1987. Sovereign immunity cannot be used as a defense in these matters.
Who Are The Victims of the Camp Lejeune Water Contamination?
The reality that there was dangerous and toxic water at the North Carolina military base for many years is not disputed at this juncture. It is recognized that for over thirty years, not only (1) the active-duty Sailors and Marines that served at Camp Lejeune but those (2) civilians that worked there as well as (3) reservists and (4) their family members were exposed to water contaminated with known toxins and dangerous chemicals.
See the 2017 research study published by the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“ATSDR”) entitled, “ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases” (“CDC-ATSDR Report”).
People at Camp Lejeune were harmed by drinking this toxic water, as well as cooking with it; using dishes that had been washed in this water; and bathing or showering with it. This includes infants and young children who were exposed to the contaminated water as well as their parents.
From the CDC-ATSDR Report, for instance, we find horrific confirmations of things like:
- High exposure intensities required only a short duration of exposure for harm to occur;
- A marine in training at Camp Lejeune consumed an estimated 6 liters of water per day for three days per week and 3 liters per day the rest of the week;
- Under warm weather conditions, a marine may have consumed between 1 and 2 quarts of water per hour and showered twice a day; and
- For cardiac birth defects, it is possible that very short durations of exposure to the mother may be sufficient if the exposure occurred during the relevant vulnerability period for cardiac defects, e., 3-9 months gestation.
See CDC-ATSDR Report, pp. 3, 11.
It is reported that those living in the Camp’s residential areas were families of the enlisted as well as unmarried service personnel and they were exposed to two of the contaminated water systems. Within these Camp Lejeune Water victims, many were infants and young children.
Accordingly, the range in age of Camp Lejeune Water Contamination victims is very wide. The oldest toxic water victims may be 85 years old or older, while infant victims could now be reaching the age of 35 years of age while having to deal with a lifetime of chronic illness or physical disabilities caused by the contaminated water on the military base.
Read, National Research Council. “Contaminated water supplies at Camp Lejeune: Assessing potential health effects.” (2009).
Camp Lejeune Act Language Explains Who May File Injury Claims Under the New Statute
The Camp Lejeune Act includes a specific provision identifying who is eligible to seek private personal injury claims under the new law. It is the responsibility of the individual to prove they meet this statutory definition.
Camp Lejeune Definition of Claimant
The Camp Lejeune Act states as follows:
An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.
Who is a Veteran Under the Camp Lejeune Act?
The definition of “veteran” under the Camp Lejeune Act is found in 38 USC 101(2) which defines veteran as:
The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
How Can You Confirm Claimant Was at Camp Lejeune During the Toxic Time Period?
For those investigating whether or not they, or a family member, was present at Camp Lejeune during the time period August 1, 1953 to December 31, 1987, there is an online database that helps people discover their military history. Queries may be made to the National Personnel Records Center.
Who Can File For the Deceased Victims of Camp Lejeune Water Contamination?
Under the Camp Lejeune Act, the sad reality that some of the toxic water victims may have perished due to their injuries is recognized. The statute allows for either “an individual, or legal representative of an individual, who brings an action under this section for a harm described in subsection (a), including a latent disease “may file suit according to the law, albeit that they “…may not thereafter bring a tort action against the United States for such harm pursuant to any other law.”
Burden of Proof Defined in the Camp Lejeune Act
For those identified as claimants, they must stand ready pursuant to the statute to meet the law’s burden of proof which is stated as follows:
(b) Burdens and standard of proof.—
(1) IN GENERAL.—The burden of proof shall be on the party filing the action to show one or more relationships between the water at Camp Lejeune and the harm.
(2) STANDARDS.—To meet the burden of proof described in paragraph (1), a party shall produce evidence showing that the relationship between exposure to the water at Camp Lejeune and the harm is—
(A) sufficient to conclude that a causal relationship exists; or
(B) sufficient to conclude that a causal relationship is at least as likely as not.
Filing Civil Injury Claims Pursuant to the Camp Lejeune Justice Act of 2022
For those who suffered personal injuries due to contaminated water at Camp Lejeune Marine Base in North Carolina, it is important to know that federal justice has been made available to them through the new 2022 federal statute.
These toxic water victims, or their loved ones, may be able to seek damages for a variety of harms ranging from cancers to heart defects to lifelong disabilities resulting from the entry of the contaminants through ingestion, inhalation, or exposure.
Victims or their loved ones must be able to prove they meet the definition of claimant under the Camp Lejeune Act, as well as providing evidence to support a personal injury claim of (1) duty; (2) breach; (3) cause; and (4) harm.
Advocates to help in compiling this evidence as well as gathering the needed expert testimony to correlated the person’s harm to their exposures are available and may be invaluable.
For more, read our earlier articles in our Camp Lejeune series:
- Diseases and Harm From Camp Lejeune Toxic Water Contamination
- Toxins in the Water: Causation in the Camp Lejeune Water Contamination Claims
- Camp Lejeune Water Contamination Victims: Filing Federal Civil Injury Claims for Toxic Tap Water Harm.
It is a national tragedy that so many were harmed, and for so long, by contaminated water at one of our military bases. The Camp Lejeune Act is important and vital for justice. Please be careful out there!
