Camp Lejeune in North Carolina is the largest Marine Corps Base on the east coast. In operation since 1942, it has been a residence and place of employment for numerous service members, their families, and civilians. Unfortunately, those who lived and worked there between August 1, 1953, and December 31, 1987, may have been exposed to contaminated drinking water, likely increasing their risk for certain forms of cancer, birth defects, and other health conditions. However, thanks to a new law, those who suffered may be entitled to compensation.
What Is the Camp Lejeune Justice Act?
On August 10, 2022, President Joe Biden signed the Camp Lejeune Justice Act of 2022 (H.R.2192) into law. The bill allows certain individuals, including military veterans, their family members, and others who were others who were stationed, lived, or worked at the Marine Corps Base to seek compensation from the U.S. government if they were exposed to the toxic water for at least 30 consecutive days.
Receiving justice has been an uphill battle for exposure victims. In 2009, victims of the contaminated water began filing lawsuits against the U.S. government, claiming that the toxic chemicals in the water caused several adverse health effects.
Eventually, just over 850 were consolidated into a multidistrict litigation class action lawsuit in the Eastern District of North Carolina in 2012. But, those cases were dismissed due to a unique legal provision in the state.
Thanks to the Camp Lejeune Justice Act, which is part of the Honoring Our PACT Act, affected individuals can finally seek compensation. This act revokes the government’s prior immunity against lawsuits filed on behalf of military members injured during service and extends the statute of limitations surrounding such claims. Many of the affected were unaware of the long-term effects of their exposure, so they were unable to file in time per North Carolina law.
Settlement Amounts
Settlement amounts may range from as little as $25,000 to more than $1 million. It’s estimated that the federal government will spend more than $6 billion resolving lawsuits related to those affected by the contamination over the next decade.
How Did the Camp Lejeune Contamination Happen?
Camp Lejeune’s contaminated drinking water has been traced to multiple sources. It is believed that an underground fuel tank leaked possibly millions of gallons of fuel into the base’s drinking water wells.
Experts also believe it is possible that the Camp Lejeune water got contaminated by toxins from a local dry cleaning business as well as other toxic chemicals that were used on the Marine Corps Base.
A study by the U.S. Department of Health and Human Services Agency for Toxic Substances and Disease Registry (ATSDR) identified the following contaminants in Camp Lejeune’s drinking water:
- Benzene
- Tetrachloroethylene (also known as perchloroethylene or PCE)
- Trichloroethylene (TCE)
- Vinyl chloride (VC)
How Long Was Camp Lejeune’s Water Contaminated For
Some of the wells were contaminated for as long as 60 years. The federal government did not start routinely testing the waters until 1980. It took them four years to determine which wells were contaminated.
The most contaminated wells were shut down starting in 1985. But, it’s possible that individuals were exposed to it as late as 1987 due to how time-consuming this process was. Also in 1987, the Safe Drinking Water Act was amended to include standards for levels of chemicals found in Camp Lejeune’s water, including TCE, vinyl chloride, and benzene.
The Centers for Disease Control and Prevention (CDC) has estimated that between 500,000 and 1 million people were affected by the water. The U.S. Marine Corps did not begin alerting members of their potential exposure to toxic chemicals until 1999, nearly two decades after the federal government was made aware of their presence in the water.
Effects of the Camp Lejeune Water Contamination
For decades, the U.S. government has known that there were toxic chemicals in the drinking water at the Marine Corps Air Station New River and Marine Corps Base Camp Lejeune. There were several incidents and circumstances that allowed these contaminants to enter the water supply, including industrial spills, leaking storage tanks, waste disposal sites, and more.
Not only were government officials aware that the concentrations of harmful chemicals were at times hundreds or even thousands of times greater than levels that are considered safe, but for many years, they hid the truth from the people who had been exposed - including the fine young men and women who honorably served our country.
Between approximately 1953 and 1987, individuals who served on these bases and lived or worked nearby were exposed to high levels of dangerous, disease-causing substances including trichloroethylene, vinyl chloride, tetrachloroethylene, and benzene.
This exposure increased the risk of developing several different types of cancer as well as a variety of other serious health complications. It also caused stillbirths, miscarriages, and serious birth defects among those who had been exposed.
The high levels of toxins in Camp Lejeune’s tap water have been associated with numerous diseases and other long-term health effects, including:
- Amyotrophic lateral sclerosis (ALS or Lou Gehrig’s disease)
- Aplastic anemia
- Birth defects
- Crohn’s disease
- Dental issues
- Heart disease
- Myelodysplastic syndromes
- Neurobehavioral effects
- Parkinson’s disease
- Scleroderma
In addition to this, multiple exposure victims have claimed that they developed cancer as a result of exposure to polluted water. These cancers include:
- Bladder cancer
- Breast cancer
- Cervical cancer
- Esophageal cancer
- Kidney cancer
- Leukemia
- Liver cancer
- Lung cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Pancreatic cancer
- Prostate cancer
- Rectal cancer
State Laws Previously Prohibited Legal Action
While these issues have been going on for over 60 years, until the passing of the Camp Lejeune Justice Act, many affected individuals had no recourse, due to a legal loophole. Both Marine Corps Air Station New River and Marine Corps Base Camp Lejeune are located in the state of North Carolina. This state has a unique law known as the statute of repose, which imposes a strict 10-year statute of limitations on claims against a polluter. This caused the automatic dismissal of many legitimate cases against the U.S. government, despite there being clear links between the water contamination at Camp Lejeune and the victim's illnesses, and the fact that many diseases took longer than 10 years to develop.
Before the passing of the PACT act, Veterans who developed health issues or illnesses connected to Camp Lejeune’s contaminated water had to file a claim through the U.S. Department of Veterans Affairs (VA). There were so many of these claims filed over the years that in 2017, the VA’s claim process was officially expanded to cover eight specific conditions linked to exposure to Camp Lejeune's toxic water.
While exposed veterans who later developed severe illnesses were sometimes able to get disability compensation through the VA, they could not receive compensation for their loss of quality of life, including pain and suffering. There was also no guarantee that an affected veteran would not be denied their disability claim. In addition, without the ability to sue, family members, children, and civilian workers who suffered a similar fate had no recourse at all.
The Impact of Camp Lejeune’s Justice Act
Now that the Camp Lejeune Justice Act has been signed into law, it bypasses North Carolina’s statute of repose, allowing victims who meet the eligibility requirements to seek reparations from the U.S. government. The bill also prevents the government from claiming “specified immunity” as a defense.
To be eligible to file a claim, individuals must have served at or lived on Camp Lejeune for at least 30 cumulative days between August 1953 and December 1987 and have been diagnosed with one of the following conditions:
- Bladder cancer
- Breast cancer
- Esophageal cancer
- Female infertility
- Hepatic steatosis
- Kidney cancer
- Lung cancer
- Leukemia
- Miscarriage
- Multiple myeloma
- Myelodysplastic Syndrome (MDS)
- Neurobehavioral effects
- Non-Hodgkin's lymphoma
- Renal toxicity
- Scleroderma
Spouses, children, and other primary caregivers of affected individuals can also file a lawsuit on behalf of a loved one who meets the above criteria. This change in the law allows veterans and other affected individuals to seek justice and compensation outside the scope of VA disability health care benefits.
Can I Sue for Compensation?
Serving in the military comes with risks, but contaminated water is an unexpected workplace hazard that should not have happened. Thanks to the government’s renewed interest in how Camp Lejeune's water has negatively affected thousands of servicemembers and their loved ones, you may be entitled to compensation.
Am I Eligible for a Camp Lejeune Lawsuit?
You are eligible for a Camp Lejeune lawsuit if you were stationed, working, or living at the Marine Corps Base for no less than 30 consecutive days between August 1, 1953, and December 31, 1987, and have suffered physical harm from being exposed to the contaminated water.
If you were in your mother’s womb during this period while she lived or worked at the base and have one of the health effects listed above, you may also be eligible.
Generally, those who developed cancer or Parkinson’s Disease may be entitled to a higher compensation compared to other effects of the Camp Lejeune water contamination. Settlement amounts may range from $25,000 to $1 million depending on the extent of the damages.
Can I Sue Even If I Was Denied by the Veterans Administration?
Veterans who have gone to the Veterans Administration (VA) for benefits are also eligible even if a prior claim for compensation was denied thanks to the Camp Lejeune Justice Act. It will not impede or limit your future or continued entitlement to disability awards, payments, or any way under the VA program.
What Do I Need to Prove That I Was Affected?
To prove your case, your attorney will compile a complaint, which includes details such as your diagnosis, how it has adversely affected your life, and why the toxic drinking water is responsible for your condition.
You may need to obtain a few documents for your attorney to help build your case, such as proof of how long you were at the base, how you were exposed to the water, your military or work history, and medical documentation of your illness or condition caused by the illness.
The Eastern District of North Carolina will have exclusive jurisdiction over any lawsuits related to this case.
What to Do If You Were Exposed
If you or a loved one were a military member, military family member (including in vitro), or employee at Camp Lejeune between August 1, 1953, and December 31, 1987, who has been diagnosed with any of the conditions above, you may want to seek legal recourse.
An experienced attorney at Cooney & Conway can help you through the process. In the past and present, attorneys have aided military members and their families pursue legal action, such as the 3M faulty earplug litigation, which resulted in hearing loss and tinnitus in U.S. service members. Cooney & Conway also continues to work with military service members in cases related to mesothelioma as a result of asbestos exposure.
You Can Choose Your Attorney
Although all cases will eventually be consolidated and filed in the U.S. District Court for the Eastern District of North Carolina, you are not required to work with a North Carolina attorney. Instead, you are free to choose an attorney in any part of the country.
The team at Cooney and Conway has decades of experience fighting for the rights of individuals, including veterans and military members. To learn more about whether you may be eligible for compensation under the Camp Lejeune Justice Act or learn more about your options, fill out our free Camp Lejeune case evaluation.