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Camp Lejeune Lawsuit Settlement

Our lawyers are handling claims for victims seeking to file a Camp Lejeune lawsuit in all 50 states.

This page gives the most recent updates - real information you can use whether you hire our Camp Lejeune lawyers or not - on the new Camp Lejeune litigation that allows tainted water victims to participate in a civil lawsuit seeking fair settlement compensation.

Our lawyers also speculate about potential individual per-person settlement payouts for a Camp Lejeune lawsuit. These cases are ultimately about money compensation for victims. So our attorneys predict the range of settlement payouts you can expect for your contaminated water claim.

Call Our Camp Lejeune Lawyers Today

The vehicle to get settlement compensation in these cases is a Camp Lejeune water contamination lawsuit. Our Camp Lejeune lawyers can assist you with your claim for your injuries or sickness or the wrongful death of a loved one. 

If you have a potential Camp Lejeune lawsuit, call our lawyers today at 800-553-8082 or get a free online consultation.

Camp Lejeune Lawsuit Updates

Let's start by giving you the latest news and updates on the Camp Lejeune litigation.

December 1, 2022 - New Report on Number of Camp Lejeune Claims
The Navy JAG Tort Claims Unit reports that the number of claims filed by Camp Lejeune victims under the new CLJA is now up to 14,000. This number could easily double over the next few months. 

Again, the JAG has not taken any meaningful steps toward resolving or evaluating any of these claims. We are still waiting for a claim portal to get setup to enable claimants to submit support documentation.

November 28, 2022 - JAG Getting Closer to Processing Claims?
The Navy JAG Tort Claims Unit has received thousands of Camp Lejeune administrative claims since the CLJA was passed in August. JAG only has a 6-month deadline to take action on these claims, but no action has been taken in any of them so far. 

What appears to be holding up the process right now is the development of an online electronic claim portal to enable claimants to submit supporting documentation for their claims. A notice on the JAG website indicates that “substantiating” records (e.g., military service and medical records) for individual claims will be requested for certain claims, but not until “after the upcoming electronic portal has been launched[.]” The electronic portal is expected to be similar to the ECF system used in the federal courts. It will enable claimants to login to their “claim file” and upload supporting documents when prompted.

November 24, 2022 - Camp Lejeune Pretrial Battle Over Legacy Cases Continues
Last week, lawyers for the government filed another brief in support of their motion to dismiss the Camp Lejeune legacy cases that were refiled after passage of the CLJA without re-submitting new admin claims to JAG.

In this most recent brief, the DOJ lawyers argue that pre-CLJA admin claims don’t count because “the government’s assessment of its liability on pre-CLJA claims was based entirely on grounds that have been abrogated by the CLJA.”

While this makes some sense, the legacy plaintiffs correctly point out that the government can simply reassess the previously filed administrative claims based on the current post-CLJA landscape. Although there are some strategic reasons for the legacy plaintiffs to win this argument, the outcome of this battle will have minimal impact on the majority of Camp Lejeune cases.

November 24, 2022 - Camp Lejeune Pretrial Scheduling Due Soon
Last week, lawyers for the government filed another brief in support of their motion to dismiss the Camp Lejeune legacy cases that were refiled after passage of the CLJA without re-submitting new admin claims to JAG.

In this most recent brief, the DOJ lawyers argue that pre-CLJA admin claims don’t count because “the government’s assessment of its liability on pre-CLJA claims was based entirely on grounds that have been abrogated by the CLJA.”

While this makes some sense, the legacy plaintiffs correctly point out that the government can simply reassess the previously filed administrative claims based on the current post-CLJA landscape. Although there are some strategic reasons for the legacy plaintiffs to win this argument, the outcome of this battle will have minimal impact on the majority of Camp Lejeune cases.

November 21, 2022 - Camp Lejeune Pretrial Scheduling Due Soon
Attorneys for the plaintiffs and the government have until December 15th to submit joint discovery plans in the Camp Lejeune legacy cases. This is the first of many automated scheduling and discovery deadlines that will start to pop up in these cases as we move forward. Meanwhile, hearings have yet to be scheduled in any of the cases on the government’s motion to dismiss for failure to re-filed administrative claims.

It would be nice to see these lawsuits move forward for no other reason than to see how the government will approach the defense of these claims.

November 18, 2022 - Getting Camp Lejeune Records from the Military
Veterans can obtain copies of their military service records from the National Archives and Records Administration (NARA). Military records will be important in every Camp Lejeune lawsuit. Not surprisingly, NARA has recently been overwhelmed with a flood of requests from Camp Lejeune veterans seeking service records to support their water contamination lawsuits.

This flood of requests has put a strain on NARA’s resources and caused a major backlog. When you visit the NARA’s Military Service Records webpage, a new highlight box appears at the top entitled “Important Notice Regarding the Camp Lejeune Justice Act of 2022.”

The text in the box notes that the Navy JAG is not requiring service records to support an initial claim, but “may request records from claimants at a later date.”

This notice provides a warning that getting military records for a CLJA claim is going to be a long, frustrating process. Under normal circumstances, the response time for service record requests is 3-5 months. But that does not mean your lawyers cannot continue to push your toxic water claim forward while waiting on these records.

November 17, 2022 - Lower Burden of Proof for a Camp Lejeune Lawsuit
Victims of Camp Lejeune water contamination who are hesitant to bring a claim often fear not being able to prove their claims. But there is a much easier evidentiary burden for proving causation in a Camp Lejuene lawsuit than you would have in a normal case.

To prove causation, the CLJA merely requires claimants to “produce evidence” showing that “a causal relationship is at least as likely as not.” This is referred to as “equipoise” causation and it will be the first time this standard is applied in a civil case. Why? This is how the law was written to make it easier for veterans to make a claim

So what will this mean for your case? It should mean that you won’t have to battle quite as hard to prove that your disease is connected to the Camp Lejeune water even when you may have other risk factors.

For example, if you were a smoker, it would be very difficult to prove that your lung cancer was caused by the water and not the cigarettes. Under equipoise, however, the contaminated water could be “at least as likely” as the cigarettes to be the cause.

November 17, 2022 - Government Provides New Information on Camp Lejeune Claims
The JAG Tort Claims Unit recently update the information on its website regarding Camp Lejeune claims under the CLJA. The new section relates to CLJA claimants seeking military personnel or employment records to support their claims.

This post explains that the agencies in charge of these records (NARA and NRPC) have been overwhelmed with thousands of Camp Lejeune-related requests and are currently working on a solution to streamline the process. This has been pretty obvious to anyone handling Camp Lejeune lawsuits but hearing the JAG talk about it is encouraging. They understand the problem.

In recognition of this situation, JAG is not requiring CLJA claimants to submit these personnel records with their initial claim. JAG is working on developing an electronic submission portal that will later be used to handle the submission of these documents.

Again, the government is in no position to offer Camp Lejeune settlement payouts until they can receive records and review claims.

  • More Camp Lejeune Legislation News: We have been updating these cases from the very beginninng. Get all of the updates for the entire history of the path to the Camp Lejeune Justice Act of 2022.

Camp Lejeune represents the worst contamination of a public water system in American history. From 1953 to 1987 the water supply at the Marine Corps base at Camp Lejeune in North Carolina was contaminated with dangerously high levels of carcinogenic chemicals. Marines, their families, and people who worked at Camp Lejeune drank and bathed in water contaminated with more than 70 chemicals and toxins at levels 240 to 3400 times permitted by safety standards.

Camp Lejeune toxic water contamination lawsuit

The main chemicals that will be the focus of a Camp Lejeune water contamination lawsuit are three volatile organic compounds: trichloroethylene (TCE), perchloroethylene (PCE), and benzene. Our military and their families were unknowingly digesting water contaminated with awful toxins every day.

This toxic water did not create just a theoretical risk of harm. Scientific and medical evidence has shown undeniably that exposure to this contaminated water while living or working at Camp Lejeune caused thousands to develop cancer, birth defects, and other conditions.

North Carolina law had blocked these Camp Lejeune victims from bringing cancer lawsuits and other claims against the government. Now, Congress passed a new federal law that will enable victims of water contamination at Camp Lejeune to file claims and get financial compensation.

Camp Lejeune toxic water contamination lawsuit

Our national mass tort lawyers are now accepting new Camp Lejeune water contamination lawsuits from victims who lived or worked at the base between 1953 and 1987 and were subsequently diagnosed with leukemia, bladder cancer, kidney cancer, liver, cancer, non-Hodgkin’s lymphoma, multiple myeloma, and anemia or other myelodysplastic syndromes.

Contaminated Water Supply at Camp Lejeune Base

Camp Lejeune BaseCamp Lejeune is a sprawling Marine Corps military base and operational training facility that has been in use since 1942. The base, which is serviced by several satellite facilities, occupies a total area of 250 square miles in Onslow County, North Carolina.

Camp Lejeune is the traditional home base of many resident Marine Corps commands, including the II Marine Expeditionary Force. It has been used for military training operations by various branches of the armed forces.

In the 1980s, the Marine Corps tested the two primary water treatment facilities supplying water to Camp Lejeune. This testing revealed that Camp Lejeune’s water supply contained high levels of chemicals that are known to be toxic and linked to cancer.

The Marine Corps testing also determined that the water supply to Camp Lejeune had been contaminated with toxic chemicals since the 1950s. The full-time range of the Camp Lejeune water contamination (in both treatment facilities) is from 1953 to 1987. During those 30 years, 750,000 people were exposed to contaminated water.

What Chemicals Were Found in the Water at Camp Lejeune?

The water supply at Camp Lejeune from the 1950s to the 1980s was contaminated with two specific chemicals: Perchloroethylene (PCE) and Trichloroethylene (TCE). These chemicals were found at extremely high levels in two separate water treatment plants servicing the base, the Hadnot Point treatment plant and the Tarawa Terrace water plant.

The TCE contamination occurred mostly in the Hadnot Point water treatment facility. TCE is an odorless, colorless liquid chemical used for industrial purposes. For decades, TCE was commonly used by the U.S. military as a solvent and degreaser for the cleaning of large metal weapons and equipment. TCE is also used to make refrigerants.

The EPA’s maximum safe level of TCE in drinking water is 5 parts per billion (ppb). The water from the Hadnot Point plant was found to contain TCE levels as high as 1,400 ppb. The TCE contamination at the Hadnot Point plant occurred from 1953 to 1985.

The PCE contamination was found in the Tarawa Terrance water treatment plant at Camp Lejeune. PCE is a clear liquid with a mild odor that is primarily used as a fabric solvent in the commercial dry-cleaning industry. The contamination at the Tarawa plant was traced to ABC One-Hour Cleaners, a nearby dry-cleaning business.

For drinking water, the EPA has set the maximum safe level for PCE at 5 ppb. The water from the Tarawa treatment plant going to Camp Lejeune was found to contain PCE levels as high as 215 ppb, 43 times the maximum safe limit. It was eventually determined that the PCE contamination at the Tarawa plant existed for most of Camp Lejeune's history.

But shutting down the wells did not change anything for the million people that had been exposed to this unbelievably contaminated water. The government did a study in 2013 on the water at Camp Lejeune. It found PCE, TCE, vinyl chloride, and benzene levels that were among the highest ever recorded in drinking water in American history.

Camp Lejeune Map Studies Link Contaminants in Camp Lejeune Water to Cancer

The chemicals that were in the Camp Lejeune water supply for 4 decades are well-known to be extremely harmful to the human body and have been associated with cert types of cancer, neurologic disorders, and birth defects.

Medical studies and research has established that prolonged exposure to TCE and PCE is associated with higher rates of certain cancers. The cancers that have been linked to TCE and PCE exposure in drinking water at Camp Lejeune include:

Since the discovery of the water contamination at Camp Lejeune, many scientific studies have assessed the health impact that water contamination had on Camp Lejeune residents and employees. All these studies reach the same conclusion: exposure to contaminated water at Camp Lejeune significantly increased the risk of mortality from cancers and other chronic diseases.

One of the first major Camp Lejeune water studies lead by CDC scientist Frank Bove and published in 2014 in the journal Environmental Health. The Bove Stud, a retrospective cohort study, looked at the mortality data for military personnel stationed at Camp Lejeune from 1975 to 1985. This data set was compared to the same mortality data for personnel stationed at another military base where the water was not contaminated (Camp Pendleton, CA).

The Bove Study found that Marines at Camp Lejeune had elevated risks for several causes of death including kidney cancer, liver cancer, esophageal cancer, and cervical cancer. Camp Lejeune residents also had higher rates of multiple myeloma, Hodgkin's lymphoma, and Lou Gehrig’s disease.

The Agency for Toxic Substances and Disease Registry (ATSDR), which is part of the CDC, has been performing comprehensive studies on the health risks of water contamination at Camp Lejeune for several decades. Many of the ATSDR studies show clear evidence that water contamination caused higher rates of cancer and death.

What are the most common cancers diagnosed from Camp Lejeune? Breast cancer, bladder cancer, multiple myeloma, and renal cancer.

Camp Lejeune Water Contamination Caused Other Injuries

Other health conditions, such as aplastic anemia (and other myelodysplastic syndromes) and neurologic disorders, have also been linked to exposure to PCE and TCE. Other injuries include:

  • ALS (Lou Gerhig's Disease)
  • Birth Defects and Injuries
  • Brain Damage
  • Cardiac Defect
  • Epilepsy
  • Fatty Liver Disease
  • Hepatic Steatosis
  • Immune disorders
  • Infertility
  • Miscarriage
  • Myelodysplastic syndromes
  • Neurobehavioral Effects
  • Parkinson's Disease
  • Plastic anemia (and other bone marrow conditions)
  • Renal Toxicity
  • Scleroderma
Study Links Camp Lejeune Water Contamination to Birth Defects

To this day, Camp Lejeune is an important military base that defends our country. It is a huge and vibrant Marine Corps base that uses fuel, electrical transformers, machine shops, pesticides, fire training, dry cleaning, trash removal, utility maintenance services, construction, mechanical support maintenance services, chemical treatment operations... the list goes on and on.

Over 20 years, the failure to properly maintain a safe water supply at Camp Lejeune resulted in water contamination with high levels of TCE, PCE, and other chemicals. Thousands of pregnant women lived and worked on the base and drank the water. The result will be a large number of Camp Lejeune birth defect lawsuits.

One key piece of research that will be relied on in a Camp Lejeune lawsuit will be studies by the Agency for Toxic Substances and Disease Registry (ATSDR). These scientific studies concluded that maternal exposure to contaminated water a Camp Lejeune resulted in a significantly higher rate of neural tube birth defects such as spina bifida.

The ATSDR study looked at birth defect rates for women who resided at Camp Lejeune at some point during pregnancy and had children born between 1968 and 1985. The study a clear link between gestational exposure to PCE and TCE in the Camp Lejeune water and neural tube birth defects (“NTD”).

Children exposed to the contaminated Camp Lejeune water during the first trimester of pregnancy displayed NTD birth defect rates nearly 5 times higher than normal. Five times. That is a stunning and tragic number of babies enduring permanent and avoidable injuries.

Military Ignored and Concealed the Water Contamination at Camp Lejeune

In recent years, a long trail of evidence has been uncovered that clearly shows that the U.S. Marine Corps knew about the Camp Lejeune water contamination for years but first ignored and then later actively concealed the issue.

The dangerous water contamination at Camp Lejeune was first discovered back in 1980 when new EPA regulations were enacted which required the military to perform testing for the first time.

The testing was done by the U.S. Army Environmental Hygiene Agency and in March 1981 that agency provided a report to the U.S. Marine Corps warning that “[w]ater is highly contaminated with other chlorinated hydrocarbons (solvents)!” No immediate action was taken in response.

In 1982, the USMC contracted Grainger Laboratories to perform extensive testing on the water supply system for Camp Lejeune. Grainger submitted a report confirming that certain water supply wells servicing the base were heavily contaminated with TCE and PCE. One of the Grainger scientists also met with the deputy director of base utilities at Camp Lejeune to warn him about the tainted water problem. But the USMC official refused to address the issue.

A month later, in August 1982, another Grainger chemist sent a letter to the Camp Lejeune base commander (Marine Maj. General D.J. Fulham) advising that the water supply wells were “poisoned.” Once again, no action was taken by the Marine Corps. Grainger provided additional warnings about the water contamination to Marine Corps officials in December 1982, March 1983, and September 1983.

In April 1983, however, USMC officials at Camp Lejeune submitted a report to the EPA falsely stating that there were no environmental contamination issues at the base. In June 1983, North Carolina’s water supply administration asked the USMC to provide Grainger’s water testing reports for Camp Lejeune. The Marine Corps flatly refused to disclose the testing reports and in December 1983 they reduced the level of water testing being done by Grainger at the base.

In July 1984, a new laboratory was contracted to test the water at Lejeune as part of the EPA superfund program. This testing found that Camp Lejeune water was contaminated with dangerously high levels of TCE, PCE, and also with benzene. At this point, the USMC finally agreed to begin shutting down the contaminated water wells. In December 1984, the USMC formally notified North Carolina officials about the contamination but withheld key details such as the discovery of benzene in addition to TCE and PCE.

In 1992, the USMC submitted a report for a federal health review which admitted to the prior TCE and PCE contamination in the water. In that same report, however, the USMC failed to disclose that the water was also contaminated with benzene even though Marine Corps officials were fully aware of it.

In 2005, the EPA and the Department of Justice launched a formal investigation into the USMC’s handling of the Camp Lejeune water contamination issue. This investigation ultimately concluded that no USMC officials had engaged in criminal conduct concerning the Camp Lejeune water problem. In 2007, however, it was revealed that EPA officials involved in the investigation wanted to charge several Lejeune officials with obstruction of justice. But they were overruled by the DOJ prosecutors.

U.S. Veterans Affairs Supports Core of Camp Lejeune Lawsuit

The U.S. Department of Veterans Affairs found that only 30-day continuous exposure to the contaminated water at Camp Lejeune during the years between 1953 and 1987 may qualify veterans and their family members for health benefits if they suffer leukemia, bladder cancer, liver cancer, kidney cancer, breast cancer, lung cancer, multiple myeloma, non-Hodgkin's lymphoma, miscarriage, neurobehavioral effects, and the autoimmune disease scleroderma.

Our Camp Lejeune lawyers believe this is just the start of the list of harms caused by contaminated water at Camp Lejeune.

New Law Allows Camp Lejeune Water Contamination Lawsuits

The dismissal of the Camp Lejeune water contamination lawsuits created public outrage because it meant that thousands of innocent victims (including military veterans and their families) would be denied compensation for serious injuries. In response, a new federal law was passed by Congress called the Camp Lejeune Justice Act (“CLJA”).

The CLJA circumvents the North Carolina statute of repose and allows victims to file lawsuits in federal court if they were exposed (even in-utero) to the contaminated water at Camp Lejeune for at least 30 days.

Camp Lejeune Water Contamination Lawsuit Settlement Amounts

If the CLJA is passed by Senate and becomes law, it will give potentially thousands of Camp Lejeune victims the right to file a civil lawsuit in federal court in North Carolina. As the bill is currently written, claimants would have to file their suits within two years after the CLJA is enacted.

The purpose of this bill is to make sure victims get fair Camp Lejeune water settlement amounts as compensation. This compensation is for the suffering they have endured from the water contamination at Camp Lejeune. This applies to the water contamination victims themselves and those who lost loved ones and wish to bring a wrongful death lawsuit.

Claimants who file a lawsuit under the CLJA would need to prove that they were exposed to contaminated water at Camp Lejeune between 1953 and 1987 and that they subsequently developed one of the cancer types or other health conditions that have been linked to the water contamination.

Successful claimants who can establish both of these requirements will be entitled to the full range of compensatory damages available in tort cases (past and future medical expenses, pain and suffering, etc.). Any amounts awarded to claimants will be offset by any VA benefit payments they received for the alleged injuries.

Calculating Camp Lejeune Settlement Amounts

There are way too many variables for our lawyers to come up with a very accurate estimate for the potential settlement value of Camp Lejeune water contamination cases. But we can make an educated guess by looking at the settlement amounts in prior cases involving similar injuries.

In the Camp Lejeune cases, the primary injuries will be Parkinson's disease, lung cancer, leukemia, liver cancer, kidney cancer, and lymphoma. Based on these prior points of comparison, our lawyers think the Camp Lejeune lawsuit cancer cases could have settlement amounts between $175,000 and $350,000. Parkinson's disease settlements will likely be higher.

The tough thing here is how to bake in the politics involved in a Camp Lejeune lawsuit. This is harder to read and harder to project because there are not many comparable class action lawsuits against the government in such a politically charged case. This door swings both ways in terms of impact on settlement amounts.

But, most likely, it pushes settlement compensation higher than lower because of the politics of being on the right side of veterans. Is it hard to spend $30 billion as compensation for injury and wrongful death claims brought by Marine veterans who were serving our country when we are spending $40 billion on Ukrainian Aid Package #7?

Moreover, the legislative intent of Congress is clearly to fairly compensate victims. Is that intent satisfied by paying soldiers and their families who suffered and often died of cancer, Parkinson's disease, and other similarly awful conditions a $200,000 settlement per person? Our lawyers do not think Congress intended to go through all of this trouble to serve victims half a cup of justice.

Camp Lejeune Settlements Are Likely to Go Smoothly

The government will not go through the trouble to allow victims to make a claim only to fight them tooth and nail. So while there are no certainties in litigation, our lawyers expect there would be a global settlement payout covering most of these Camp Lejune water contamination lawsuits before there is a single trial.

Calculating $22 Billion Set Projected Camp Lejeune Settlement Amounts

The Congressional Budget Office - a flawed bureaucracy but still the best governmental agency at projecting cost in the history of the world - has projected $22 billion to settle these cases.

There are two schools of thought on this. One is that the CBO has made meaningful projections based on estimated Camp Lejeune lawsuits they expect to be filed. The other school of thought is that even the CBO cannot project this. It is like trying to project where the stock market will be in 10 years. So the $22 billion is likely a floor that can be raised if more claims come in than they hoped.

There Will Be a Range of Camp Lejeune Settlement Amounts

It is also important to understand there may be a range of settlements from over $1 million per person to as little as $25,000. Cancer and Parkinson's disease Camp Lejeune lawsuits are likely to fetch higher settlement amounts. Some other injuries might have smaller water contamination settlement compensation payouts.

At this point, many of you are reading this and feel like our lawyers have told you nothing about the settlement compensation payout you might receive for your case. It is too early to project settlement amounts. But attorneys have opinions on settlement amounts. If you want gun-to-the-head per person Camp Lejeune settlement amount projections, here they are:

Bladder Cancer - $182,500

Brain Cancer - $800,000

Breast Cancer - $250,000

Cervical Cancer - $202,500

Colon Cancer - $150,000

Kidney Cancer - $237,500

Liver Cancer - $370,000

Lung Cancer - $325,000 (non-smoker projection)

Lymphoma - $225,000

Parkinson’s Disease - $775,000 (this is low)

Esophageal Cancer - $300,000 (non-smoker projection)

Ovarian Cancer - $287,500

Leukemia - $250,000

MDS $142,500

Scleroderma $125,000

Anemia $157,500

Wrongful Death $625,000

Infertility $175,000

Birth Defects (Major) $1,125,000

This is the average per person Camp Lejeune water contamination settlement amounts we project. These are LOW settlement compensation estimates. We do not want to set settlement payout expectations through the roof.

There will be wild variation around these averages. So even if our estimates are accurate, there will likely be claims with settlements that easily exceed $1 million for all of these cases. You can also expect settlement payouts that are less than half of this average.

Every single one of these cases will likely have an average jury payout - as opposed to a settlement - in the millions.

How Do I File a Claim for Camp Lejeune Water Contamination?

Victims who meet the qualifying criteria will be able to pursue their claims by filing a tort lawsuit in the U.S. District Court for the Eastern District of North Carolina.

Under the newly enacted CLJA, anyone who lived or worked at Camp Lejeune for a minimum of 30 days between 1953 and 1987 will be entitled to bring a tort suit in the Eastern District of North Carolina for injuries related to the contaminated water. The CLJA requires all plaintiffs to go through a 6-month administrative claim process:

(h) Disposition By Federal Agency Required.- An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code.

Before filing a bad water lawsuit, prospective plaintiffs must submit a claim to the “appropriate federal agency” before they can file an actual civil lawsuit against the government. In this case, that is the JAG at the Department of Navy. The new law gives the agency 6-months to either accept or deny the claim. Claimants cannot file their lawsuit in federal court until the administrative claim is denied or the 6-month deadline expires.

Our water contamination attorneys expect that the CLJA administrative claims could function more like a settlement mediation process. Claims will likely go through some type of initial screening process. After this, reasonable Camp Lejeune settlement amounts might be made before the six months expire and a water contamination lawsuit can be brought. A large number of Camp Lejeune claims may be settled during this administrative claim process before a civil lawsuit is filed.

Our Camp Lejeune lawyers believe that the CLJA administrative claim process may end up playing out this way for two reasons. First, the intent of Congress in passing the CLJA was to compensate victims of the water contamination at Camp Lejeune. Second, the handling of the CLJA claims process will be controlled by the Biden administration. President Biden is a strong supporter of the idea of compensating deserving veterans. (This could be wishful thinking, too.)

What Are Neurological Conditions Linked to Camp Lejune Water Contamination?

The ATSR and other studies on the effect of water contamination at Camp Lejeune have found that certain neurologic disorders such as dementia and Parkinson’s disease appear to be associated with exposure to the water at Camp Lejeune.

Is There a Camp Lejeune Class Action Lawsuit?

There is not a Camp Lejeune class action lawsuit. Most lawsuits like this are class action lawsuits. But there will not be a Camp Lejeune class action lawsuit like an MDL.

How Camp Lejeune Wrongful Death Claims Work

There are two kinds of Camp Lejeune lawsuits. The first is for victims who have a Camp Lejeune claim for their own injuries. The second is a wrongful death and survival action claim for the loss of a loved one.

Under the new CLJA, civil lawsuits can now be brought on behalf of former employees or residents of Lejeune who are now deceased because of injuries related to the contaminated water. These cases would be brought under North Carolina law because that is where the exposure to the contaminated water occurred, so this section will take a brief look at death claims in North Carolina.

Two different types of tort claims can be brought in North Carolina on behalf of a decedent: (a) a wrongful death claim; and (b) a survivorship claim. Both claims are based on statutes.

Camp Lejeune Wrongful Death Actions

Wrongful death claims are based on North Carolina Gen. Stat. § 28A-18-2, which gives the personal representative of the estate standing to bring a claim against anyone who negligently or intentionally caused the decedent’s death. Some states permit any close family member to bring wrongful death claims. North Carolina only allows the decedent’s estate to bring these claims. The personal representative of the state brings the claim and then distributes any settlement proceeds among the heirs.

Damages for a wrongful death claim in North Carolina can be awarded for (1) medical expenses, (2) pain & mental suffering, (3) the decedent’s lost earnings, (4) loss of the decedent’s services and companionship, and (5) funeral expenses. Punitive damages are not available unless the plaintiff shows that the defendant acted maliciously.

Camp Lejeune Survival Actions

In addition to wrongful death, North Carolina also recognizes a separate claim under North Carolina Gen. Stat. § 28A-18-1 known as a survivorship claim. A survival claim is the decedent’s own personal injury claim that he or she had and which survives their death.

North Carolina survivorship claims can recover for pre-death damages and injuries if they are separate and distinct from the conduct giving rise to the wrongful death claim. North Carolina only allows survivor claims by the personal representative of the decedent’s estate. You can get a Camp Lejeune settlement without being the PR of the estate. But the lawsuit must be initiated by the personal representative of the estate on behalf of the family members for the death.

Will victims have to open up an estate in North Carolina to bring a claim? Camp Lejeune lawyers have a split opinion on that issue. We want to avoid giving the JAG a technical reason to reject an early settlement of your claim. Either way, this is an issue that your attorney can work through for you.

Get a Camp Lejeune Lawyer to Fight for You

Our Camp Lejeune attorneys have talked to thousands of victims in this litigation. Our law firm is looking for new Camp Lejeune water contamination lawsuit cases that meet the following criteria:

  • You served, lived, or worked on the Camp Lejeune base for at least 1 month between the years 1953 and 1987.
  • You have been subsequently diagnosed with: bladder cancer, kidney cancer, liver cancer, leukemia, colon cancer multiple myeloma, lymphoma, or other cancer or Parkinson's disease, some other neurologic condition, or another condition listed above.

Contact us today at 800-553-8082 for a free consultation or reach out to our Camp Lejeune lawyers online.

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