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Camp Lejeune Lawsuit Settlement

This page provides the most recent updates on the new Camp Lejeune litigation. Our lawyers also speculate about potential individual per-person settlement payouts for a Camp Lejeune lawsuit. These cases are ultimately about compensation for victims, so our attorneys predict the range of settlement payouts you can expect for your contaminated water claim.

Camp Lejeune Lawsuit Updates

Let’s start by providing you with the latest news and updates on the Camp Lejeune litigation. Our lawyers are committed to providing victims with the latest information in this litigation.

September 25, 2024 – Status Hearing

On September 24, 2024, Magistrate Judge Jones, Jr. held a status conference in Wilmington, NC. The court addressed discovery issues raised by both sides and scheduled the next hearing for October 22, 2024.

There are not many Camp Lejeune news and updates because the focus of the litigation is getting ready for individual trials and trying to hammer out a settlement. The developments in individual trials are not particularly newsworthy, and all settlement talks are very hush-hush at this point.

September 4, 2024 – Modify Path for Settlement Masters

Unless there is a serious objection, the court is planning to update Case Management Order No. 14 to make settlement processes more efficient. These changes include allowing Settlement Masters to use their own technology rather than equipment supplied by the DOJ.  This adjustment removes previous technology restrictions that concerned the DOJ and makes it easier to manage data security.

These judges want to do what they can to block any impediments in the road to a settlement to resolve some or all of these claims.

August 30, 2024: New Ruling

The court denied the Plaintiffs’ Leadership Group’s motion to compel the production of more documents. The plaintiffs had requested a broad range of documents from ten specified government employees regarding the contamination. The court found the request overbroad, noting that the plaintiffs had previously agreed not to demand electronic searches for information.

August 28, 2024: New Hearing

The next status conference will be on September 17, 2024.

August 20, 2024: Final Numbers 

There are 546,500 administrative claims filed.  When we said “over 400,000,”  we guessed low.

We think the number of viable, compensable claims is more like 150,000.  But that is just a guess, we will see when the government is able to get rid of the duplicates and tell us how many of these have a verifiable injury that could be related to Camp Lejeune.

August 17, 2024: Final Case Count

The final case count for the number of administrative claims will come out next week.  The number is likely to be over 400,000.  Our take is that more than half of these claims are duplicate claims and for injuries that ultimately will not be compensable. It will also be interesting to get final tallies on how many filed claims are Track 1 or Track 2 claims.

August 9, 2024: No More Settlement Updates in Status Conferences

The court, on its own initiative (sua sponte), is addressing future status conferences for the Camp Lejeune Water Litigation. Regular status conferences have included updates on settlement efforts, but with the appointment of Settlement Masters and a Settlement Liaison, these updates are no longer needed. The court has found the parties’ stipulations insufficient and has set a pretrial schedule for expert discovery and briefing on Track 1 issues.

The court also wants a detailed discussion on the order of proof for CLJA bench trials, with a progress report due by August 20, 2024. The next status conference is scheduled for August 27, 2024.

August 8, 2024: Schedule Set for Next Phase of Discovery in Track 1 Cases

With fact discovery ending next week, a schedule for the expert discovery phase has been set in the Track 1 Trial cases. Plaintiffs will disclose their experts on toxic chemical exposure within 75 days. The United States will disclose its experts 45 days later, followed by plaintiffs providing rebuttal experts 21 days after that.

Similar timelines have been set for general causation, specific causation, and damages. Expert discovery for each phase must be completed within 45 days of the disclosures, and Daubert motions and motions for summary judgment must be filed within 30 days of completing expert discovery. Parties will have 21 days to oppose these motions and 14 days to file replies.

August 7, 2024: Deadline to File Camp Lejeune Claims Is Now Expired

The deadline to filed Camp Lejeune toxic water claims under the CLJA has now expired. Our firm is no longer accepting new Camp Lejeune cases.

August 5, 2024:  New Protective Order

The court signed the Second Amended Stipulated Protective Order has been issued, establishing stringent guidelines for managing sensitive information throughout the legal proceedings. This order meticulously details the criteria for classifying information as confidential, including trade secrets, personal health, financial data, and other categories protected under various federal statutes.

The directive underscores the protocols for how such information can be disclosed and utilized during the litigation, ensuring it is strictly for the purpose of the ongoing case. It elaborates on the mechanisms for designating documents as confidential, the processes for addressing inadvertent breaches of confidentiality, and the procedures for the secure disposal or return of confidential documents after the case concludes.

Key to this order is the emphasis on maintaining the integrity and confidentiality of sensitive data, with comprehensive guidelines on how to handle disclosures to unauthorized parties and the requisite actions to mitigate any potential fallout from such disclosures. The order also specifies the responsibilities of parties in case confidential information is subpoenaed, ensuring that proper notifications are made before any disclosures occur.

The order will continue to govern the use and disclosure of confidential information, maintaining its protections beyond the duration of the trial.

August 2, 2024 – The End and the Beginning

We are finished accepting new Camp Lejeune claims with the deadline so close.  If an amazing case comes in, we might try to push it through.  But otherwise, we are done, and we are on to the next phase of this: getting these cases settled and victims getting long overdue justice and compensation.

August 1, 2024 – Case Count

A total of 1,945 complaints under the Camp Lejeune Justice Act as of Tuesday. There are approximately 323,135 administrative claims pending with the Department of the Navy.

July 30, 2024 – Parties Ordered to Keep Settlement Talks Confidential

A Magistrate Judge issued an order yesterday preventing both side of the Camp Lejeune litigation from making public statements or disclosures regarding the ongoing global settlement negotiations. The court’s order specifically restricts the parties from discussing the progress of the settlement talks in their monthly status reports, which are filed and publicly accessible on PACER. We can only hope that this indicates meaningful progress in the settlement discussions.

July 24, 2024 – New CMO #13

The lawyers in this litigation have jointly filed a motion to amend the Parties’ Amended Stipulated Protective Order – Case Management Order No. 13.

The proposed Second Amended Stipulated Protective Order seeks to broaden access to specific data, enabling counsel representing claimants with administrative Camp Lejeune claims to access the data, not just counsel for plaintiffs with CLJA lawsuits pending.  Specifically, the amendment would allow claimants’ counsel to access the U.S. Marine Corps’ Camp Lejeune Family Housing Card Database (i.e., CLJA_Housing-000000001 through CLJA_Housing-0000237866) for use in the Department of the Navy’s administrative claim process.

July 18, 2024 – Time Is Ticking

You have three weeks to bring a Camp Lejeune claim. Most lawyers have stopped taking new claims.  We still are.  But not for long.

July 15, 2024 – New Camp Lejeune Settlement Masters

Two big law firm lawyers, Jenner & Block chair Thomas Perrelli and DLA Piper partner Christopher Oprison,  have been appointed as special masters to get the Camp Lejeune lawsuits settled.

The settlement process so far with this Elective Option has been frustrating for everyone, even problem the DOJ who hoped it would be more successful.

You don’t usually associate big firm lawyer with going to bat for the little guy.  But there were picked by lawyers on both sides. Oprison is a former Marine Corps captain which makes him seem to be particularly appealing.

July 10, 2024 – New Data on Settlement Payouts Released

The government’s early elective settlement program has not done much to reduce the volume of Camp Lejune cases in litigation. Out of the 1,800 pending CLJA cases, only 93 have received offers under the early settlement program and just 37 of these offers have been accepted. The plaintiffs’ lawyers are pushing for the appointment of a settlement master in the hopes of improving what has been a slow process. Meanwhile, 111 plaintiffs and claimants have accepted settlements outside the early elective program and $20,000,000 has already been paid out on those.

June 25, 2024 – Victims Privacy Concerns Addressed

The lawyers in this litigation – including the government’s lawyers – understand the privacy is a concern for victims bringing claims.

A protective order has been agreed upon to manage the handling of certain electronically stored information (ESI) and documents. This Amended Stipulated Protective Order, detailed in proposed Case Management Order No. 13, applies to all cases under the Camp Lejeune Justice Act of 2022.

The order outlines that sensitive, non-classified confidential information subject to discovery may include trade secrets, personal financial or medical information, and data protected under various federal statutes like HIPAA and the Privacy Act. The information designated as “Confidential” must be treated with strict confidentiality, ensuring it is only disclosed to authorized persons involved in the litigation process and used solely for litigation purposes.

The order further stipulates procedures for designating and challenging confidential information, outlining responsibilities lawyers producing and receiving this private information.

For example, documents deemed confidential must be clearly labeled, and any disputes regarding these designations are to be resolved through specified channels, including potential court intervention.

The judges will almost certainly rubber stamp this proposal.

June 21, 2024 – Latest Case Totals

According to the latest joint status report, 1,825 civil lawsuits have been filed under the CLJA regarding Camp Lejeune. Of these, 21 lawsuits were voluntarily dismissed by the plaintiffs, and 4 were dismissed due to procedural failures in cases filed without an attorney. Additionally, 261,293 administrative claims have been filed with the Navy under the CLJA.

June 18, 2024 – Plaintiffs’ Bellwether Case Selections

The Plaintiffs’ attorneys named the cases they want to move forward for trial yesterday:

For Bladder Cancer, Kidney Cancer, and Leukemia:

  • Criswell v. USA, Case No. 7:23-cv-01482-BO-BM
  • Dyer v. USA, Case No. 7:23-cv-00357-D-RJ
  • Cagiano v. USA, Case No. 7:23-cv-00569-BO-RN
  • Mousser v. USA, Case No. 7:23-cv-00667-D-RN
  • Howard v. USA, Case No. 7:23-cv-00490-FL
  • Fancher v. USA, Case No. 7:23-cv-00275-M-BM
  • Gleesing v. USA, Case No. 7:23-cv-01486-FL
  • Connard v. USA, Case No. 7:23-cv-01557-M-RN
  • Hill v. USA, Case No. 7:23-cv-00028-M-KS

For Non-Hodgkin’s Lymphoma and Parkinson’s Disease:

  • Carter v. USA, Case No. 7:23-cv-01565-M-KS
  • Kidd v. USA, Case No. 7:23-cv-01489-FL
  • Davis v. USA, Case No. 7:23-cv-00043-BO-BM
  • Peterson v. USA, Case No. 7:23-cv-01576-M-RJ
  • McElhiney v. USA, Case No. 7:23-cv-01368-BO-RJ
  • Rothchild v. USA, Case No. 7:23-cv-00858-D-KS

Pre-trial discovery will intensify in these cases and come to a halt for all other claims.

June 13, 2024 – Agreement on Some Motions

During yesterday’s Status Conference, deals were made and the parties agreed to withdraw the filing motions that we have been talking about:
  1. Plaintiffs’ Leadership Group’s Motion to Compel Document Production in Response to First Set of Request for Production
  2. United States’ Cross-Motion for Protective Order
  3. Plaintiffs’ Motion to Reconsider Order Denying Plaintiffs’ Motion to Compel Production of Certain Digitized Muster Rolls
  4. Plaintiffs’ Motion to Reconsider Order Granting in Part and Denying in Part Plaintiffs’ Motion to Compel Production of ATSDR Water Modeling Project File in Native Format

June 12, 2024 – When Will Lejeune Lawsuits Settle?

It is hard to say when these lawsuits will finally settle. But the history or mass tort litigation suggests that if a defendant is trying to avoid the news of a settlement leading to more filed claims, it is better to wait until after the statute of limitations has passed.  With the August 10 deadline looming, it is hard to imagine a scenario where the government makes a global or even semi-global settlement offer to resolve these claims before that datel

June 11, 2024 – Time to Roll on  Camp Lejeune Wrongful Death Lawsuits

It is taking longer to open an estate than many lawyers expected. We now have a filing deadline in less than two months.  If you have a Camp Lejeune wrongful death claim, this is the moment to pick up the phone and call a lawyer.  Our firm is not far from cutting off new wrongful death cases.

June 10, 2024 – Picking Cases For Trial

Today, the North Carolina judges approved a joint motion by the plaintiffs’ attorneys and the government regarding the selection protocol for Track 1 Trial Plaintiffs in a case involving illnesses allegedly caused by contaminated water at Camp Lejeune. The court has ordered that plaintiffs alleging one or more of five specific illnesses—kidney cancer, bladder cancer, leukemia, Non-Hodgkin’s Lymphoma, or Parkinson’s Disease—will be selected from the Track 1 Discovery Pool Plaintiffs. These plaintiffs who will be first in line for trial must waive their rights to claim any other illnesses or injuries caused by the water at Camp Lejeune.

Within five days of  today, the PLG must propose three plaintiffs for each illness to proceed to trial. Subsequently, the defendant will select two plaintiffs for each illness, and these selections will proceed once necessary waivers are obtained. The finalized list of plaintiffs will be designated as “Track 1 Trial Plaintiffs.”

Fact discovery, including general discovery for the Track 1 Trial Plaintiffs, must conclude 45 days after all necessary waivers are secured. The deadlines for expert discovery will be stayed until a trial order is issued, establishing the sequence of trials. Once this order is in place, the expert discovery period will begin, with each side disclosing their expert witnesses within specified timeframes.

All discovery and deadlines for plaintiffs not selected as Track 1 Trial Plaintiffs will be stayed upon the court’s entry of the Trial Order. This gives all the Camp Lejeune attorneys involved in these bellwether trials a chance to focus exclusively on the lawsuits that will be tried first.

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

Contaminated Water Supply at Camp Lejeune Base

Camp Lejeune is a sprawling Marine Corps military base and operational training facility that has been used since 1942. The base, which several satellite facilities service, 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 water treatment plants servicing the base, the Hadnot Point treatment plant and the Tarawa Terrace water plant.

The TCE contamination occurred mainly 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 cleaning large metal weapons and equipment. TCE is also used to make refrigerants.

The EPA’s maximum safe level of TCE in drinking water is five 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 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.

The EPA has set the maximum safe level for PCE for drinking water at five ppb. The water from the Tarawa treatment plant going to Camp Lejeune contained 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 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.

Studies Link Contaminants in Camp Lejeune Water to Cancer

The chemicals in the Camp Lejeune water supply for four decades are well-known to be highly harmful to the human body. They 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 of water contamination on Camp Lejeune residents and employees. All these studies conclude that exposure to contaminated water at Camp Lejeune significantly increased mortality risk 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, liver, esophageal, 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), part of the CDC, has been conducting comprehensive studies on the health risks of water contamination at Camp Lejeune for several decades. Many ATSDR studies show clear evidence that water contamination causes higher cancer and death rates.

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 Gehrig’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 essential military base that defends our country. It is a vast 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, worked on the base, and drank 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 studied 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 congenital disabilities 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 showed a clear link between gestational exposure to PCE and TCE in the Camp Lejeune water and neural tube congenital disabilities (“NTD”).

Children exposed to the contaminated Camp Lejeune water during the first trimester of pregnancy displayed NTD birth defect rates nearly five times higher than usual. 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 in 1980 when new EPA regulations were enacted, requiring the military to perform testing for the first time.

The U.S. Army Environmental Hygiene Agency did the testing.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 extensively test Camp Lejeune’s water supply system. 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 TCE, PCE, and benzene levels. 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 vital 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.

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.

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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 Lejeune lawsuit than you would have in a typical 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.

You will see how this plays out as this litigation moves forward in 2023. For example, if you were a smoker, it would be challenging 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.

Camp Lejeune Water Contamination Lawsuit Settlement Amounts

If the CLJA is passed by Senate and becomes law, it will potentially give 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 must file their suits within two years after the CLJA is enacted.

This bill aims to ensure 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 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 establish 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 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 examining 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 last 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 tricky thing here is how to bake in the politics involved in a Camp Lejeune lawsuit. This is harder to read and project because there are few similar 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 serving our country when we spend $40 billion on Ukrainian Aid Package #7?

Moreover, the legislative intent of Congress is clearly to compensate victims fairly. 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 this trouble to serve victims half a cup of justice.

Camp Lejeune Settlements Are Likely to Go Smoothly (After Some Early Chaos)

The government will not go through the trouble of allowing victims to make a claim, only to fight them tooth and nail. So while there are no certainties in litigation, our lawyers expect a global settlement payout covering most of these Camp Lejeune water contamination lawsuits before 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 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 will likely 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 yet to tell you anything 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 – $250,000

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.

The average jury payout – as opposed to a settlement – in every single one of these cases will likely be in the millions.  In February 2024, the judges have ruled that these cases will be heard and decided by a judge, not a jury. This is a bad ruling.  But it does not change our attorneys’ opinions that the verdicts in these case will be worth millions.

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 with a Camp Lejeune claim for their injuries. The second is a wrongful death and survival action claim for losing 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 that this section will take a brief look at death claims in North Carolina.

Two 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 lawsuit against anyone who negligently or intentionally caused the decedent’s death. Some states permit any close family member to bring wrongful death claims, and North Carolina only allows the decedent’s estate to bring these claims. The personal representative of the state brings the suit 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 unavailable 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 they 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 estate’s personal representative on behalf of the family members for the death.

Will victims have to open an estate in North Carolina to bring a claim? Camp Lejeune lawyers had a split opinion on that issue and now we are battling with the DOJ over the issue.

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Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
★★★★★
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
★★★★★
The last case I referred to them settled for $1.2 million. John Selinger
★★★★★
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
★★★★★
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
★★★★★
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa