Recognition of the severe injuries suffered by those exposed to the contaminated water at the Marine Corps Base Camp Lejeune in North Carolina came in August, with passage of the Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”) as part of the larger federal toxin relief legislation found in the Honoring the PACT Act.
Personal Injury Lawsuits Provided by New Federal Law
The new Camp Lejeune Act allows victims of the toxic water contamination, or loved ones acting on their behalf, to pursue civil personal injury and/or wrongful death lawsuits for damages from the United States Government. These cases must be filed in the United States District Court for the Eastern District of North Carolina. There is a two (2) year statute of limitations filing deadline.
Plaintiffs have to prove three key things to proceed as a Camp Lejeune Act claimant: the victim’s (1) exposure to the contaminated water at Camp Lejeune between August 1, 1953 and December 31, 1987; (2) for at least thirty (30) days; and (3) bodily harm sustained as a result of exposure to the contaminated water.
For more, read our earlier discussion in: Camp Lejeune Water Contamination Victims: Filing Federal Civil Injury Claims for Toxic Tap Water Harm.
Wide Scope of Camp Lejeune Injuries: Proving Harm from Contaminated Water
There will be no need to prepare for the defense to argue against the water being tainted with toxins. It is no longer in dispute that identified chemicals, many of them carcinogens, were present in the Camp Lejeune water. It is not disputed that these harmful chemicals were in the water for over thirty (30) years (1953-1987).
Why not? For one thing, the Camp Lejeune Act plaintiffs will be able to reference the 2017 study undertaken 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”).
Toxins in the Water
The CDC-ATSDR Report identifies five (5) dangerous-to-human contaminants found in the water flowing through the Camp Lejeune water treatment plants during the August 1953 – December 1987 time period:
- Benzene;
- Tetrachloroethylene (also known as perchloroethylene or “PCE”);
- Trans-1,2-dichloroethylene (“DCE”);
- Trichloroethylene (“TCE”); and
- Vinyl chloride.
The researchers correlated known cancers and other serious illnesses and diseases caused by the toxins that were discovered in the Camp Lejeune water. As the CDC-ATSDR Report explains: “TCE, vinyl chloride, and benzene are classified as human carcinogens, while PCE is classified as a “likely” or “probable” human carcinogen (1-6). The carcinogenicity of DCE cannot be classified because of a lack of studies….” The report then provides a list of specific diseases known to be caused by exposure to one or more of these chemicals. Read, CDC-ATSDR Report pages 12-13.
Claimant Has Burden of Proof to Establish Right to Camp Lejeune Act Compensation
Plaintiffs who file lawsuits or claims pursuant to the new Camp Lejeune Act will not only have to establish their identities as “claimants” under the law (as discussed above), they will have to follow the standard elements of the state personal injury claims for damages.
In sum, they will have to show with admissible evidence that there was (1) duty which was (2) breached that (3) proximately caused the (4) bodily harm (including death) for which (5) damages are being sought. This will follow the state law of the State of North Carolina.
Note: the Camp Lejeune Act itself forbids the government from asserting a governmental immunity defense in these matters.
Given that these claims are based upon injuries which may have been sustained as far back as 1953, the plaintiffs will have challenges to overcome in gathering their facts to meet the legal burden of proof of a preponderance of the evidence for each of these elements.
The facts will come from witness statements and documents. Some of these claims undoubtedly will be complicated, as well as emotionally difficult, for these victims and their loved ones.
Eight Diseases Recognized by the Federal Government: Injury Presumption
However, for some claimants, the burden will be easier to meet than it is for others. For those who can prove up certain diagnosed illnesses for the victims, the federal government as a defendant will not be able to challenge the legal element of causation.
This is because there are eight specific illnesses that come with a legal presumption that they were caused by the toxic chemicals known to be found in the Camp Lejeune water between the years 1953 and 1987. This legal doctrine means that the plaintiffs do not have to locate and provide evidence of causation in order to meet their evidentiary burden.
The Eight Camp Lejeune Presumptive Injury Claims
Since 2017, there have been eight (8) diseases known to be suffered by those exposed to the Camp Lejeune toxic water that the Department of Veteran’s Affairs (“VA”) has recognized as being caused by exposure to the known toxins.
These eight (8) diseases have been deemed by the VA as “presumptive service-connected harm” for purposes of disability claims. They are:
- Adult leukemia
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
- Kidney cancer
- Liver cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinson’s disease.
For purposes of those seeking damages under the new Camp Lejeune Act, the VA’s labelling of each of these eight illnesses as a “presumptive service condition” allows the claims to move forward within the VA’s agency claims processing without any documentation or proof of a causal link between the water and the illness.
In other words, the federal government has acknowledged causation insofar as these eight diseases and the contaminated water at Camp Lejeune. Accordingly, in the Camp Lejeune lawsuits, proving up the claimant’s illness is among those eight identified as “presumptive service conditions” by the VA is much easier from a proof perspective than it will be for a claimant seeking relief for cardiac birth defects or congenital heart problems caused by the toxins, for instance.
In the cardiac birth defect cases, and others based on other harms, the claimants may have a very valid claim but they will have to provide evidence that is not required for these eight presumptive claims.
For more, read: Cardiac Birth Defects and Congenital Heart Problems: Camp Lejeune Injury Claims
Pursuit of Justice for the Camp Lejeune Eight Presumptive Service Conditions
Sadly, many of the eight diseases listed as presumptive service conditions are known to be fatal. Moreover, a diagnosis may have been given years after the victim ingested or inhaled or was otherwise exposed to the Camp Lejeune water toxins.
Those proceeding on the basis of a Presumptive Camp Lejeune Injury Claim because the harm for which they are seeking justice has been admitted as a “presumptive service condition” will have an easier legal road to travel than other Camp Lejeune claimants.
Nevertheless, these cases may be difficult for the claimants and their families. Experienced victim’s advocates fully expect the government’s attorneys to assert vigorous defenses against all these cases, demanding each claimant fully and completely support with authenticated and admissible evidence each element of their case.
For more on Camp Lejeune Toxic Water Claims, read:
- Toxins in the Water: Causation in the Camp Lejeune Water Contamination Claims
- FAQs for Toxic Water Claims Under the Camp Lejeune Act
- Diseases and Harm From Camp Lejeune Toxic Water Contamination
- Who Can File a Camp Lejeune Water Contamination Lawsuit for Toxic Water Injuries?
It is a shameful part of our nation’s history that our military service personnel and their loved ones were harmed by toxic water contamination on an established military base for over thirty years. Honor has been restored with the passage of the Camp Lejeune Act for these victims and their families. Please be careful out there!
