The Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”), passed as part of the larger Honoring the PACT Act of 2022, provides avenues for justice to those individuals and their loved ones who suffered severe or fatal bodily injuries due to exposure to the water supply at the North Carolina Marine Corps Base Camp Lejeune during the period of August 1, 1953, to December 31, 1987. For those who meet the definition of “claimant” under the Camp Lejeune Act, there is now a legal ability to file a personal injury or wrongful death lawsuit against the United States Government. For more, read: Camp Lejeune Water Contamination Victims: Filing Federal Civil Injury Claims for Toxic Tap Water Harm.
Tragically, for over three decades, the water provided for drinking, cooking, personal hygiene, and other human use and consumption at Camp Lejeune and its related military installations was contaminated with organic solvents that are disastrously dangerous for the human body. Read, Diseases and Harm From Camp Lejeune Toxic Water Contamination.
Our kidneys, for instance, are designed to filter wastes out of the bloodstream. When things like the contaminants found in the Camp Lejeune water supply are ingested, kidney function can be seriously and permanently impaired. The result can be debilitating or deadly. Victims can suffer or die from (1) chronic kidney disease (“CKD”) or (2) kidney cancer.
What is Chronic Kidney Disease?
According to the National Kidney Foundation (“Foundation”), CKD (also known as chronic renal disease) involves several conditions where the kidneys are not able to filter blood properly. As more and more wastes remain the bloodstream, the victim can experience one or more of the following:
- high blood pressure
- anemia (low blood count)
- weak bones
- nerve damage
- heart disease
- blood vessel disease
- kidney failure.
Kidney Failure, Kidney Transplant, Fatal Heart Disease
CKD continues to impact the body over time. In the absence of an early diagnosis, CKD can cause kidney failure. Once that happens, routine dialysis is needed to cleanse the blood mechanically. For many, a kidney transplant will be required to save their life.
Another danger is heart failure or heart attack. Heart disease is the “primary cause of death for all people with CKD” according to the Foundation.
What is Kidney Cancer?
The Foundation clarifies that kidney cancer is not the same as CKD. Kidney cancer “…is a disease that starts in the kidneys. It happens when healthy cells in one or both kidneys grow out of control and form a lump (called a tumor).”
The University of California at Los Angeles School of Medicine explains various types of kidney cancer. They are distinguished by the types of tumors involved, e.g., (1) Clear Cell; (2) Papillary; or (3) Chromophobe.
While CKD is distinguished from kidney cancer, there is a known risk of developing kidney cancer for those who undergo dialysis treatment for advanced CKD. Additionally, the risk of kidney cancer increases for those who have kidney transplants because of their required post-transplant immunosuppressant medicines.
Kidney cancer can be treated; however, many diagnosed with kidney cancer have a terminal prognosis.
Kidney Disease, Kidney Cancer, and Known Camp Lejeune Water Contamination
There is a recognized connection between the contaminated water discovered at Camp Lejeune in North Carolina and both kidney disease and kidney cancer. As explained in a 2015 research study published by the National Academy of Sciences, there is “strong evidence” of an association between two of the chemicals found in the Camp Lejeune water and “acute renal injury.”
Read, Nerenz, D., et al. “Review of VA clinical guidance for the health conditions identified by the Camp Lejeune legislation.” Committee on the Review of Clinical Guidance for the Care of Health Conditions Identified by the Camp Lejeune Legislation; Board on the Health of Select Populations; Institute of Medicine. Washington (DC): National Academies Press (US); 2015 Mar 26. 4, Other Health Outcomes.
Perchloroethylene (PCE) and Trichloroethylene (TCE) in Camp Lejeune Water
Even more importantly, a 2017 research report by the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“ATSDR”) published the results of the federal agency’s investigation into possible Camp Lejeune water contamination. Read, “ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases” (“CDC-ATSDR Report”).
The ATSDR 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.
Two of these chemicals, PCE and TCE, are known to cause kidney disease and kidney cancer. The ATSDR found that those exposed to the contaminated water at Camp Lejeune suffered much higher rates of kidney disease and kidney cancer than a comparable control group (which had not been exposed to the Camp’s water).
The CDC-ATSDR Report confirms that kidney disease and kidney cancer are risks for those who served, worked, or lived at Camp Lejeune during the thirty (30) year period where these chemicals were present in the Camp’s water supply.
Kidney Cancer is a Presumptive Injury for Camp Lejeune Claims
In 2015, the Department of Veterans Affairs also found that kidney cancer is caused by exposure to PCE and TCE. The VA defines kidney cancer as a “presumptive service condition” for those seeking VA benefits.
This means that claimants can assert claims with a lesser burden of proof for the element of causation since the government acknowledges that the correlation between PCE, TCE, and kidney cancer is presumed to exist. For more details, read, What is a Presumptive Injury Claim Under the Camp Lejeune Justice Act?
Kidney Disease and Related Conditions
Other types of kidney disease and their related conditions, such as heart disease, may still be valid claims under the Camp Lejeune Act but these claims will need more investigation and evidence to support their allegations for federal liability.
Expert testimony, for instance, may need to be provided that connects exposure to TCE or PCE to CKD or heart disease correlated to kidney failure. See, Toxins in the Water: Causation in the Camp Lejeune Water Contamination Claims.
Camp Lejeune Claims for Kidney Disease or Kidney Cancer
Under the Camp Lejeune Act, anyone who suffered kidney cancer, in its various forms, or kidney disease or its various related conditions, may have the legal right to personal injury and/or wrongful death damages as defined by the state law of North Carolina.
While kidney cancer is considered a “presumptive condition” with a lesser burden of proof, kidney disease claims can also be pursued under the Camp Lejeune Act with proper investigation and presentation of admissible evidence. Service records, medical documentation, medical expert testimony on the relationship between TCE and PCE and the particular harm, and more may need to be located and authenticated.
These matters may be complex and emotionally difficult. Having the support of experienced personal injury advocates can be vital.
For more, read:
- Cardiac Birth Defects and Congenital Heart Problems: Camp Lejeune Injury Claims
- Parkinson’s Disease: Camp Lejeune Contaminated Water Claims
- Miscarriages: Camp Lejeune Toxic Water Contamination Claims
- Cancer and Camp Lejeune Water Contamination Claims
- FAQs for Toxic Water Claims Under the Camp Lejeune Act.
It is heart-wrenching to consider that toxins floated in a respected United States military base water supply for over thirty years and the catastrophic harm that has resulted. The Camp Lejeune Act helps these contaminated water victims to find justice after all this time. Please be careful out there!
