The Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”) became law in August 2022 as part of the extensive federal toxin relief legislation found in the Honoring the PACT Act. This new federal statute helps victims of toxic water contamination at the Marine Corps Base Camp Lejeune in North Carolina and its related military installations. The law establishes causes of action for civil injury or wrongful death claims seeking personal injury damages from the United States Government. For details, read: Camp Lejeune Water Contamination Victims: Filing Federal Civil Injury Claims for Toxic Tap Water Harm.
Miscarriages are one of the suffered injuries that are compensable claims under the Camp Lejeune Act. However, they may require more detailed documentation and proof than other legal claims (e.g., cancer) for an award to be ordered by the court.
Claimants Under the Camp Lejeune Act: Miscarriages
Not everyone can file for the Camp Lejeune damage claims. Only those with legal “standing” can file for monetary relief from the federal government. This means providing admissible evidence that meets the legal definition of “claimant” under the statute. It can be asserted by the actual victims of the harm who were exposed to the contaminated water, or those legally authorized to act on their behalf.
To be a Camp Lejeune Act claimant, these plaintiffs must show: 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. Read, Who Can File a Camp Lejeune Water Contamination Lawsuit for Toxic Water Injuries?
In miscarriages, there will be a need to substantiate the victim of the harm who suffered the loss as a claimant. They will have lived or worked at Camp Lejeune during the 1953-1987 time period with exposure to the toxic water for a minimum of thirty (30) non-consecutive days.
Burden of Proof Under the Camp Lejeune Act: Miscarriages
The Camp Lejeune Act also gives specifics on how the claimant can prove up the claim for relief. This is done by “…the party filing the action to show one or more relationships between the water at Camp Lejeune and the harm.” This is done by producing evidence that: (1) 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. Camp Lejeune Act, Section 2(b)(1), (2).
Identified Toxins in the Camp Lejeune Water
In 2017, the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“ATSDR”) published its study entitled, “ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases.”
The ATSDR investigation focused on the water treatment plants serving the Camp Lejeune installations from August 1953 to December 1987. The federal agency discovered several chemicals known to be dangerous contaminants in the water, especially at the levels discovered in the Camp Lejeune water. These contaminants are:
- Benzene;
- Tetrachloroethylene (also known as perchloroethylene or “PCE”);
- Trans-1,2-dichloroethylene (“DCE”);
- Trichloroethylene (“TCE”); and
- Vinyl chloride.
From the ATSDR: “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….” Also read: Reported health effects linked with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene, and vinyl chloride (VC) exposure.
For details, read: Toxins in the Water: Causation in the Camp Lejeune Water Contamination Claims.
Causal Connection Between Miscarriage and Water Contaminants Under the Camp Lejeune Act
Within the Camp Lejeune Act, several things are identified as compensable harm under the statute and recognized as “presumptive service conditions” by the Department of Veterans Affairs. These include diagnoses of adult leukemia and Parkinson’s Disease. Read, What is a Presumptive Injury Claim Under the Camp Lejeune Justice Act?
However, miscarriages will require more proof than these illnesses to support a Camp Lejeune claim. These claims need to have expert evidence that the miscarriage was caused by one of the contaminants found in the Camp Lejeune water.
What is a Miscarriage?
The Mayo Clinic defines miscarriage as “… the spontaneous loss of a pregnancy before the 20th week.” Exposure to organic solvents will increase the chance of having a miscarriage, as well as a baby suffering a birth defect.
Camp Lejeune Contaminants and Miscarriages
During pregnancy, any exposure to two of the chemicals known to be in the Camp Lejeune water have been shown to greatly increase the likelihood of miscarriage. Scientific research confirms both TCE and Benzene are known causes of miscarriage.
Miscarriage Claims Under the Camp Lejeune Justice Act of 2022
Miscarriage is a life-altering event for pregnant women, their loved ones, and family members. Sadly, the rampant, thirty-year contamination of the water used for drinking, bathing, and other personal use at Camp Lejeune is now known to cause these tragic losses of life.
Under the Camp Lejeune Act, anyone who suffered a miscarriage while living or working at the military base or its affiliated installations may have the right to financial compensation from the federal government for damages they have suffered as a result.
These claims will need to be supported with sufficient documentary evidence to receive compensation under the new federal statute. Service records, medical documentation, subsequent reproductive issues and diagnoses, and more may need to be located and authenticated.
Given the time gap between the filing of these claims and the time of the miscarriage itself, building proof of a known miscarriage may be complex and traumatic in its own right. Having experienced personal injury advocates helping in these matters can be invaluable.
For more, read:
- Cardiac Birth Defects and Congenital Heart Problems: Camp Lejeune Injury Claims
- Camp Lejeune Military Installations: Justice for Water Contamination Victims
- Diseases and Harm From Camp Lejeune Toxic Water Contamination.
While nothing can truly compensate a mother for the loss of her unborn child, there are financial compensations that recognize the pain and suffering, physical trauma, and mental anguish that comes with a miscarriage and its aftermath. The Camp Lejeune Act helps these contaminated water victims to find justice after all this time. Please be careful out there!
