The Camp Lejeune contaminated water travesty has been formally recognized this year with the passage of the Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”). This new federal law, in tandem with earlier disability recognition of the toxic water’s harm by the U.S. Department of Veterans Affairs, allows victims to seek relief for injuries sustained as a result of exposure to several hazardous chemicals in the Camp Lejeune water supply.
First, the victim (or someone acting on their behalf) must meet the legal definition of “claimant” within the Camp Lejeune Act. Afterward, monetary damages can be sought from the federal government to cover things like medical expenses, lost wages, and care costs, as well as wrongful death damages, as defined by the state law of North Carolina. For more, read our discussion in Camp Lejeune Water Contamination Victims: Filing Federal Civil Injury Claims for Toxic Tap Water Harm.
Injuries shown to be caused by any of the chemicals confirmed within the water supply of Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River in North Carolina from 1953 to 1987 can support a claim for legal relief under the Camp LeJeune Act. One example is the congenital birth defects suffered by some Camp Lejeune children born during this time. See: Cardiac Birth Defects and Congenital Heart Problems: Camp Lejeune Injury Claims
However, many predict that a great number of the lawsuits filed pursuant to the Camp Lejeune Act will be based on the victim’s cancer diagnosis and subsequent cancer battle. It is scientifically recognized that (1) Trichloroethylene; (2) Tetrachloroethylene; (3) Vinyl Chloride; and (4) Benzene, all found in the Camp Lejeune water, are known carcinogens.
Camp Lejeune Cancer Claims
Cancer can take many forms. The National Cancer Institute (“NCI”) explains:
Cancer is a disease in which some of the body’s cells grow uncontrollably and spread to other parts of the body.
Cancer can start almost anywhere in the human body, which is made up of trillions of cells. Normally, human cells grow and multiply (through a process called cell division) to form new cells as the body needs them. When cells grow old or become damaged, they die, and new cells take their place.
Sometimes this orderly process breaks down, and abnormal or damaged cells grow and multiply when they shouldn’t. These cells may form tumors, which are lumps of tissue. Tumors can be cancerous or not cancerous (benign).
Cancerous tumors spread into, or invade, nearby tissues and can travel to distant places in the body to form new tumors (a process called metastasis). Cancerous tumors may also be called malignant tumors. Many cancers form solid tumors, but cancers of the blood, such as leukemias, generally do not.
According to the NCI, over 100 different types of cancer are currently recognized (a searchable database is provided).
Researchers at the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“ATSDR”) studied the Camp Lejeune catastrophe and published their results in a report entitled, “ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases” (“CDC-ATSDR Report”).
Their findings include the following cancer risks for those who were exposed to the contaminated water at Camp Lejeune:
- Kidney Cancer
- Non-Hodgkin Lymphoma (NHL)
- Multiple Myeloma
- Adult Leukemias
- Liver Cancer
- Pancreatic Cancer
- Breast Cancer
- Bladder Cancer
- Esophageal Cancer
- Rectal Cancer
- Brain (Central Nervous System) Cancer.
See, CDC-ATSDR Report, page 15.
Cancer as Camp Lejeune “Presumptive Service Condition”
Some of the known health injuries suffered from exposure to the contaminated water at Camp Lejeune have been recognized by the VA as “presumptive service conditions.” They are cancers that the VA presumes have been proximately caused by the toxic water in order to provide disability benefits.
The VA Presumptive Service Condition Camp Lejeune Cancers are:
- Adult Leukemia
- Bladder Cancer
- Kidney Cancer
- Liver Cancer
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma.
See, “VA Announces Presumptive Conditions for Camp Lejeune Veterans,” published by PublicHealthVA, Winter 2017 Issue.
The recognition of these cancers as “presumptive service conditions” provides an easier burden of proof for claimants seeking relief now under the 2022 Camp Lejeune Act. For more on presumptive service conditions and the Camp Lejeune claimant’s burden of proof, read our discussion in What is a Presumptive Injury Claim Under the Camp Lejeune Justice Act?
Justice for Cancer Victims of Toxic Water Exposure at Camp Lejeune
Anyone who suspects that they, or their loved ones, are victims of the contaminated water at Camp Lejeune, has a legal right to investigate their suspicions to confirm whether or not a cancer diagnosis, cancer illness, or cancer death, was caused by the toxins in that water.
Of importance here is the determination of the exact type of cancer suffered by the injured victim. Only six types of cancer have been recognized as “presumptive service conditions” by the VA. Several more are recognized by the CDC-ATSDR Report as cancers resulting from the water’s carcinogens. Meanwhile, the NCI database currently lists over 100 known types of cancers today.
In any cancer case, if the victim can (1) meet the definition of “claimant” under the Camp Lejeune Act; and (2) provide authenticated and admissible proof that their type of cancer is caused by exposure to the known carcinogens in the Camp LeJeune contaminated water, then an injury claim may be established for damages.
For more on Camp Lejeune Water Contamination 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 disheartening reality that so many lived and worked for so long at one of our nation’s military bases, only to suffer severe and often fatal harm from toxic water contamination. Cancer is a terrifying result for far too many of the Camp Lejeune toxic water victims. Please be careful out there!
