If you or a loved one were exposed to toxic water, the Georgia Camp Lejeune Water Contamination Lawyers at Fob James Law Firm want to help you.
The water at Camp Lejeune from 1953 until 1987 contained toxic chemicals. Folks who lived or worked at Camp Lejeune during this time frame were exposed to these chemicals.
The toxic water caused serious diseases such as cancer, parkinson’s, non hodgkin lymphoma, and many others.
Our biggest concern is making sure you get the justice and the compensation that you deserve. Please don’t hesitate to reach out to us.
Contact a Camp Lejeune Lawyer in Atlanta, GA today for a free case evaluation.
Camp Lejuene Water Contamination FAQ
Who Qualifies for a Camp Lejeune Water Contamination Settlement?
Contamination of water at Marine Corps Base Camp Lejeune in North Carolina and military installations near Camp Lejeune [e.g. Marine Corps Air Station New River (MCAS NR)] occurred over a span of 35 years, exposing an estimated one million people to chemicals that have been linked to diseases like Parkinson’s disease, kidney disease, fertility problems, and several types of cancer.
Between 1953 and 1987, water treated and distributed by the Tarawa Terrace and Hadnot Point systems on Camp Lejeune Marine Base was determined to have contained unsafe levels of toxic chemicals like trichloroethylene (TCE), tetrachloroethylene (also known as perchloroethylene, or PCE), vinyl chloride, and benzene.
Veterans, family members and others who lived or worked at Camp Lejeune or Marine Corps Air Station New River (MCAS NR) between August 1, 1953 and December 31, 1987 and were diagnosed with the injuries listed below may be entitled to compensation.
What Injuries Are Linked to Camp Lejeune’s Water Contamination?
The cancers and diseases that have been strongly linked to exposure to Benzene, TCE, and PCE include the following:
- Leukemia
- Bladder Cancer
- Kidney Cancer
- Liver Cancer
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma
- Parkinson’s Disease
- Aplastic Anemia
- Scleroderma
- Myelodysplastic Syndromes
- Kidney Disease
- Lung Cancer
- Esophageal Cancer
Other injuries linked to the contaminated water at Camp Lejeune include the following:
- ALS (Lou Gerhig’s Disease)
- Birth Defects and Injuries
- Brain Damage
- Cardiac Defect
- Fatty Liver Disease
- Hepatic Steatosis
- Infertility
- Miscarriage
- Neurobehavioral Effects
- Parkinsonian Syndrome
- Renal Toxicity
- MDS Syndrome
- Breast Cancer
- Rectal Cancer
- Brain Cancer
- Uterine Cancer
- Other Cancers
What Is the Camp Lejeune Justice Act of 2022?
On June 16, 2022, the United States Senate voted in favor of the Camp Lejeune Justice Act of 2022. This legislation opened the door for new claims on behalf of Veterans and military families injured by exposure to contaminated water at the military base.
The significance of this law is that it enlarges the time period for victims to file claims. Most toxic tort claims are barred two years after the date of discovery of an injury. This is known as the statute of limitations. Also, the “statute of repose” bars claims regardless of discovery after a certain period of time.
Prior to the CLJA, victims’ claims were barred by the statute of limitations or the statute of repose in virtually every state, including North Carolina, because the exposure occurred so long ago (1953-1987).
Now that this law has passed, victims of water contamination at Camp Lejeune can file claims against the government.
What Can I Recover From a Camp Lejeune Water Contamination Lawsuit?
Every case is unique, but people who file claims can potentially recover money for some of the following damages:
- Past and future medical bills (including medication, hospital stays, and in-home care)
- Pain and suffering including mental anguish
- Psychological damage
- Lost wages
- Loss of earning capacity
- The loss of enjoyment of life
- Broadly speaking, a plaintiff could be entitled to compensation for any past and future costs associated with their injury
How Long Do I Have to File a Camp Lejeune Lawsuit in Georgia?
The Camp Lejeune Justice Act establishes a two-year time-frame from the date of the law’s enactment during which veterans, their families, and others exposed to contaminated drinking water on the military base can commence legal action.
The CLJA went into effect on August 10, 2022. Claims must be filed with the JAG by August 10, 2024. If the JAG denies a victim’s written demand, the victim has only 180 days from the receipt of the denial to file a lawsuit.
Do not delay. Contact Fob James Law Firm toll-free at 833-684-0503 for a free case analysis. Our Georgia Camp Lejeune Water Contamination attorneys are ready to help you.
How Do I File a Camp Lejeune Water Claim Under the Camp Lejeune Justice Act?
According the bill, victims must first comply with 28 U.S. Code § 2675 before filing a lawsuit. This means that victims must submit a written claim to the Office of the JAG. The JAG will have six months to evaluate the claim.
If the JAG does not respond to the written demand within six months, the claim will be deemed constructively denied.
After a denial, the victims have 180 days to file a lawsuit in the the Eastern District of North Carolina.
What Do Camp Lejeune Victims In Georgia Have To Prove?
Victims of the Camp Lejeune Water Contamination will have to prove the following:
- Proof that you served or lived at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1987;
- A current diagnosed condition; and,
- Evidence sufficient to conclude that a causal relationship exists between the diagnosis and toxic water exposure (or that a causal relationship is as least likely as not).
Fortunately, many victims will be able to meet the evidentiary burden by citing prior studies and findings by the VA and other government agencies.
Will A Camp Lejeune Lawsuit Affect My Disability From The VA?
No, your claim under the Camp Lejeune Justice Act is a separate claim. You are entitled to different damages under the CLJA like pain and suffering.
Certain benefits you have received from the VA in the past may offset part of your CLJA recovery.
However, the VA has made clear your disability benefits will not be impacted by any award you receive for your Camp Lejeune claim:
What Are The Attorney Fees To Hire A Georgia Camp Lejeune Lawyer?
Fob James Law Firm operates on the contingency-fee-basis, which means we only get paid a percentage of the recovery if we successfully resolve your case.
Our fees come out of a favorable settlement or jury award, not out of your pocket. Importantly, if we do not obtain a recovery then you owe us nothing.
Fob James Law Firm charges every Camp Lejeune toxic water client a 20% or 25% contingency fee.
Specifically, if your Camp Lejeune claim is resolved before litigation, the attorney’s fee is 20% of the settlement. If your claim is resolved after filing a lawsuit, the attorney’s fee is 25% of the total recovery.
For an in depth analysis explaining why lawyer fees in Camp Lejeune lawsuits should be capped at 20-25%, please read our article, What Are The Attorney Fees For The Camp Lejeune Lawsuit.
What Is the Average Payout for the Camp Lejeune Lawsuit?
We believe claims will be grouped into different tiers based on the injury. For example bladder cancer cases could be one tier and parkinsons’ disease cases could be another tier.
The government will likely implement a point system based on a myriad of factors (e.g. the number of years spent at Camp Lejeune). Claims with higher points will likely be offered more money.
This is basically what the government has implemented with its “Elective Option” (EO). The EO provides settlement offers to a limited number of cases that meet very strict criteria.
Under the Elective Option, settlement amounts are based on the qualifying injury and the number of years spent at Camp Lejeune. Read our article on the Elective Option for a breakdown.
To discuss the potential value of your case with an attorney, please contact us at 866-837-1010.
When Will The Camp Lejeune Lawsuit Be Settled?
No one knows when the Camp Lejeune lawsuits will settle. The filed lawsuits are in the process of being consolidated for the purpose of efficiency. In other words, the litigation is at the very beginning stages.
For cases that meet the criteria under the Elective Option, the government will make offers on its own time. The government first determines that a case qualifies under the EO before making an offer. Since we are dealing with the government, this process will take time.
The Federal Judges presiding over the litigation will schedule “bellwether” trials which are like test trials. These trials would put pressure on the government to start reviewing and settling cases, or else run the risk of large jury verdicts.
This is completely speculative but for most cases we believe the time frame for settlement could be 2 years. Some cases that are not “presumed conditions” could take longer. Although several years sounds like a long time, this is standard for large consolidated mass tort litigation.
The Risk Of Cancer and Parkinson’s Is Real
In 2014, Frank J. Bove with the Centers for Disease Control and Prevention and several colleagues published a mortality study (the “Bove Study”) of civilian employees at Camp Lejeune exposed to water contaminated with solvents. The study concluded that elevated toxins in the water system at Camp Lejeune increased the risk of cancers of the kidney, liver, esophagus, cervix, multiple myeloma, Hodgkin lymphoma and ALS.
Furthermore, the federal government’s Agency for Toxic Substances and Disease Registry (ATSDR) conducted an extensive mortality study of military personnel at Camp Lejeune compared to personnel at Camp Pendleton. Over the same time period, the Camp Lejeune group had higher mortality rates for the following causes of death:
- Cancers of the cervix, esophagus, kidney, liver, lung, pancreas, prostate, rectum, and soft tissue
- Hodgkin’s lymphoma
- Leukemias
- Multiple myeloma
- Multiple sclerosis
Moreover, a recent study conducted by JAMA Neurology concluded that marines exposed to the toxic water at Camp Lejeune had a 70% greater risk of developing Parkinson’s disease.
Camp Lejeune Lawsuit Updates
For the latest news on the Camp Lejeune lawsuit, visit our blog. We update the litigation blog every week or month to give you the most recent information available.
I’m sure you’ve read about the Navy’s online portal and how they are asking claimants to upload documents so their claims can be “reviewed”. The Navy makes it sound like they are evaluating claims to make settlement offers. This is not true. We have not seen or heard of settlement offers being made outside of the very narrow EO.
What they are really doing is finding stuff “wrong” with claim documents in order to delay the claim evaluation process. Once the Navy gets documents, they will come back and say the claim cannot be substantiated for a myriad of reasons. Below are common excuses used by the Navy to say “claim not substantiated”.
- “we will only accept certified copies of medical records” (note that for many claimants these records no longer exist);
- “we can’t read the seal or stamp on your document” (e.g., Letters of Administration, Birth Certificate, etc.)
- “the DD214 doesn’t specify the time spent at Camp Lejuene or housing records”
In many cases, the government has the military and housing records in their possession, but they will not give them to us. Suffice it to say, this entire process is a game.
As we’ve said before, we do not think there will be a real claim evaluation or settlement process until after a number of belwether trials. The only way cases are going to get resolved is if there is a negotiated settlement process.
November 13, 2024 – General Update on the Camp Lejeune Litigation
Below is a general overview of the current state of the Camp Lejeune litigation as of November 2024.
I. Timing
The Camp Lejeune toxic water litigation involves over 500,000 administrative claims. The significant number of claims, coupled with the fact that the defendant is the US government, means this litigation will likely be going on for a very long time.
The first track of “bellwether” test trials are still expected to take place in 2025. There are a total of 25 cases going to trial. Our hope is that after the first round of bellwether trials are complete, the government will begin making reasonable settlement offers.
II. Expert Discovery
The Court has ruled that plaintiffs have the burden of proof on general and specific causation. In order to prove causation, plaintiffs rely on expert testimony. The parties are actively engaged in “expert” discovery. This includes working with water contamination experts, medical experts/doctors, etc. Plaintiffs have the burden of proof on causation, Later this year, the parties will exchange expert reports and take depositions of each expert.
After expert reports are exchanged, there will likely be “Daubert” challenges, in which the Court will rule on the admissibility of each expert’s testimony and opinions. The Daubert rulings could have an impact on which cases are allowed to move forward in the litigation, and that is something that we will definitely keep you informed of when the time comes.
Plaintiffs’ general causation expert reports are currently due in December 2024 and Plaintiffs’ specific causation experts are currently due in January 2024. Daubert rulings will likely take place in early to mid 2025 prior to the bellwether trials.
III. Trial Framework
The Judges have ruled that the 25 bellwether trials will be divided into four phases:
- Phase 1 is the “water contamination” phase,
- Phase 2 is “general causation”,
- Phase 3 is “specific causation”, and
- Phase 4 is “damages.”
The parties are still working on resolving exactly what evidence will be presented in each phase of trial, but the general framework of each phase is summarized below.
During the “water contamination” phase of trial, the parties will present evidence on the levels of water contamination at Camp Lejeune from 1953 to 1987 and the Court will make a determination on what chemicals were in the water at that time. The plaintiffs will also present evidence on the various pathways of exposure (for example, drinking, showering, inhalation, etc.) during this phase of trial.
Second, during the “general causation” phase of trial, the plaintiffs will be required to prove that a particular type of harm (for example, kidney cancer) can generally be caused by the toxic water exposure to a degree of scientific certainty.
Third, during the “specific causation” phase of trial, the plaintiffs must prove that their specific injuries (for example, that particular plaintiff’s kidney cancer) was caused by the toxic water exposure to a reasonable degree of scientific certainty.
Finally, during the “damages” phase of trial, the plaintiffs will present evidence on the damages suffered as a result of the toxic water exposure. This includes, but is not limited to, pain and suffering, lost wages, medical bills, etc. or, for wrongful death cases, the lost value of your loved one’s life.
Related: Read Our Camp Lejeune Lawsuit Blog for More Updates
Contact a Camp Lejeune Lawyer Near Me In Georgia
At Fob James Law Firm, our job is to help you to the best of our ability. If you’ve suffered an injury as a result of exposure to contaminated water at Camp Lejeune, you should contact us immediately.
We can determine if you are eligible to file a claim or not. It won’t cost you anything to speak with us.
Additionally, you’ll never pay us anything until we successfully settle or win your case in court. Our Atlanta, Georgia Camp Lejeune attorneys are experienced, dedicated, and they truly care about you.
We treat all of our clients exactly how we would want our own family members to be treated. Contact us right now at 833-684-0503 or set up a free case evaluation so we can help you.