Camp Lejeune Water Contamination Lawsuits: FAQ

Camp Lejeune, a fixture of North Carolina's Atlantic coast, has served as one of the Marine Corps' most active bases since the 1940s. Unfortunately, all this activity over the years apparently led to a catastrophic case of water contamination at the base. The organic solvents in the local water supply could cause many forms of cancer.

If you spent time at Camp Lejeune during the worst period of its water contamination, you may need and deserve financial compensation for serious illnesses you may have sustained due to toxic solvent exposure. Take a look at the following questions and answers about the Camp Lejeune water contamination lawsuits.

What Contaminated the Water at Camp Lejeune?

Established in 1941, Camp Lejeune followed health and safety standards, which, while not unusual for that period, eventually caused the most serious contamination of drinking water in U.S. history. The contaminants include everything from radiation and pesticides to organic solvents disposed of by a local dry cleaner.

Different points of contamination at Camp Lejeune introduced toxic solvents into the water supply. The dry cleaner mentioned above contaminated the Tarawa Terrace water treatment plant with perchloroethylene (PCE). The Hadnot Point water treatment plant mainly contributed trichloroethylene (TCE), benzene, and vinyl chloride.

What Health Conditions Can the Contaminants Cause?

The Agency for Toxic Substances and Disease Registry has associated the toxic solvents in the Camp Lejeune water with as many as 16 serious ailments. The degree of risk depends on the length and amount of exposure, the exact method of exposure, and whether individuals suffered exposure while in the womb or in infancy.

PCE can cause bladder cancer, while TCE can cause kidney cancer, heart defects, and non-Hodgkin lymphoma. Exposure to benzene may cause non-Hodgkin lymphoma and leukemia. Exposure to vinyl chloride may cause liver cancer. Other diseases linked to these toxic solvents include kidney failure, scleroderma, and multiple myeloma.

Why Did the Contamination Continue for So Long?

The Environmental Protection Agency had criticized Camp Lejeune for its pollution as early as the 1970s, and the base itself had established regulations about the disposal of organic solvents during this decade as well. However, federal regulations didn't apply to the solvents in question at the time.

In the 1980s, military chemists began testing the Camp Lejeune water supply in earnest, discovering alarmingly high levels of organic solvents. Even then, the base didn't inform the state or federal government about the depth of the contamination for several more years.

How Might You Seek Compensation for Your Illness?

The U.S. Department of Veterans Affairs extends disability benefits to individuals who have developed serious illnesses from exposure to Camp Lejeune water. To qualify, you must have spent time at the base for 30 straight days or more between August 1953 and December 1987, and you must never have received a dishonorable discharge.

The VA also requires applicants to show that they have Parkinson's disease, non-Hodgkin lymphoma, multiple myeloma, liver cancer, kidney cancer, bladder cancer, adult leukemia, or aplastic anemia. Even after meeting all those qualifications, the compensation you receive may not prove anywhere near adequate for your needs.

Fortunately, Congress has passed a law called the Camp Lejeune Justice Act of 2022. This law permits individuals injured by contaminated water at the base to file civil lawsuits. At the same time, these individuals may file for and collect disability claims. If your VA award doesn't properly compensate you, you may need to sue.

What Conditions Must You Satisfy in a Lawsuit?

If you decide to file a lawsuit seeking compensation for your contamination-based illness, the Camp Lejeune Justice Act of 2022 enforces the same prerequisites as the VA's disability claim system. You'll hold the burden of proof, meaning that must establish Camp Lejeune's liability to the court's satisfaction.

Your lawsuit must pass at least one of two standards of proof before you can receive a judgment in your favor. You must show a causal relationship between your exposure to Camp Lejeune water and your current condition, or you must show that an as-likely-as-not relationship between the water exposure and the harm you experienced.

What Other Legal Details Merit Your Attention?

The Camp Lejeune Justice Act of 2022 serves as an exclusive remedy for cases related to the base's water contamination. In other words, if you enter into a lawsuit pursuant to this law, you surrender your right to pursue additional compensation through other legal actions in federal court.

This type of lawsuit comes with some other limitations as well. For instance, the court may not award punitive damages on top of the compensation you receive for losses. Additionally, claims only apply to damages sustained before the Act's passage, and you must file your claim within two years of the Act's enactment.

If you suffer from an illness that you believe came from contaminated water at Camp Lejeune, you may need to explore your options for financial compensation above and beyond that disability benefits can offer. Jeeves Law Group has the skills and experience to help you make your case. Contact our team today.