Uncovered: The Shocking Truth of Camp Lejeune’s Toxic Water Scandal and the Fight for Justice That’s Captivating the Nation

A Tragedy of Epic Proportions

The Camp Lejeune water contamination crisis is one of the most significant environmental health disasters in the history of the United States military. From 1953 to 1987, personnel and families at the Marine Corps Base Camp Lejeune in Jacksonville, North Carolina, were exposed to tap water contaminated with harmful chemicals at concentrations from 240 to 3400 times current safe levels. The contamination led to an undetermined number of former residents developing cancer or other ailments, potentially due to the contaminated drinking water.

The Contamination

The contamination affected the water from two of the eight water wells on the base. The main chemicals involved were volatile organic compounds (VOCs) such as perchloroethylene (PCE), a dry cleaning solvent, and trichloroethylene (TCE), a degreaser. However, more than 70 chemicals have been identified as contaminants at Lejeune.

The base’s wells were shut off in the mid-1980s, after which the water met federal standards, then they were placed back online in violation of the law. In 1980, the base began testing the water for trihalomethanes in response to new regulations from the Environmental Protection Agency (EPA). That same year, a laboratory from the U.S. Army Environmental Hygiene Agency began finding halogenated hydrocarbons in the water.

In March 1981, one of the lab’s reports, which was delivered to U.S. Marine officials, stated, “Water is highly contaminated with other chlorinated hydrocarbons (solvents)!” Possible sources of the contamination include solvents from a nearby, off-base dry cleaning company, from on-base units using chemicals to clean military equipment, and leaks from underground fuel storage tanks.

In 1982, a private company, Grainger Laboratories, contracted by the USMC to examine the problem provided the base commander with a report showing that the wells supplying water for the base were contaminated with trichloroethylene and tetrachloroethylene (also known as perchlorethylene). The contractor delivered repeated warnings to base officials, including base chemist Elizabeth Betz, that the water was contaminated.

The Response

In 1999 the USMC began to notify former base residents that they might have consumed contaminated water. The notifications were directed by a federal health study examining possible birth defects among children born at the base during the contamination years.

Up to this point, many families potentially affected by the water contamination attributed rare illnesses and cancers in their families to bad luck.

In 2005 the US Department of Justice and Environmental Protection Agency (EPA) investigated the USMC’s handling of the issue, and reported that they found no criminal conduct by USMC officials.

In 2007, however, one of the EPA investigators told Congress that he had recommended obstruction of justice charges against some Camp Lejeune officials, but had been overruled by Justice department prosecutors.

In 2008, the USMC began a Congressionally required notification campaign to notify former base residents of the issue. An online health registry now contains more than 135,000 names.

The Harms

The cancers and other harms that have been and will continue to inflict people who spent time in Camp Lejeune is staggering. The recognized ones include Acute Myeloid Leukemia (AML), Bladder cancer, Brain cancer, Breast cancer, Central Nervous System cancer (CNS), Cervical cancer, Esophageal cancer, Hodgkins Lymphoma, Kidney cancer, Leukemia, Liver cancer, Lung cancer, Multiple myeloma, Myelodysplastic Syndrome, Non-Hodgkins Lymphoma, Ovarian cancer, Prostate cancer, Rectal cancer, Colon / Colorectal cancer, and Thyroid cancer. But that’s not all.

These serious diseases have also been linked to the Camp Lejeune water contamination: ALS, Aplastic anemia, Cardiac birth defect, Epilepsy, Fatty liver disease (hepatic steatosis), Female infertility, Immune disorders, Kidney damage, Miscarriage, Multiple Sclerosis, Myelodysplastic syndromes, Nerve damage, Neurobehavioral effects: Delayed reaction times, Memory problems, Motor function issues (e.g., hand tremor, postural sway), Parkinson’s disease, Renal toxicity/disease and Scleroderma.

For more information about the harms, visit our website https://lawsuithelpdesk.com, and look for the Camp Lejeune lawsuits and settlements.

The Legal Battle

In 2009, Laura Jones filed a suit against the U.S. government over the contaminated water at the base. Jones previously lived at the base where her husband, a Marine, was stationed.

The U.S. Navy requested a dismissal of the case, stating that the statute of limitations had expired and that regulations at the time did not include contaminants such as trichloroethylene, tetrachloroethylene, vinyl chloride and benzene. U.S. District Judge Terrence Boyle, however, rejected the Navy’s arguments and ruled that the suit could go forward.

In 2011, 10 lawsuits were consolidated in U.S. District Court in the Northern District of Georgia.

In October 2014, a federal appeals court rejected the North Carolina legislature’s attempt to extend a time limit for filing pollution-related lawsuits. On October 14, 2014, the 11th U.S. Circuit Court ruled that CERCLA did not preempt North Carolina’s statutory limits.

In 2022, as part of the Honoring Our PACT Act, Congress introduced the Camp Lejeune Justice Act. The Camp Lejeune Justice Act would allow those exposed to the contaminated drinking water at the Marine Corps Base to file a Camp Lejeune water contamination lawsuit and recover compensation for their injuries.

Lawsuits Leading Up to the PACT Act

The lawsuits leading up to the PACT Act were primarily centered around the water contamination at Camp Lejeune. The contamination, which occurred between the 1950s and 1980s, led to a series of health issues among the residents and personnel of the camp.

The lawsuits were filed by victims seeking compensation for their health issues, which they claimed were a direct result of the contaminated water. One of the significant lawsuits was the case of Kruchkow v. United States, where the plaintiff, a former Marine, sued the government for negligence and wrongful death of his wife.

The case was initially dismissed by the district court, but the 11th Circuit Court of Appeals reversed the decision, allowing the case to proceed. The court held that the government could not claim immunity under the discretionary function exception of the Federal Tort Claims Act (FTCA).

This case set a precedent for other victims to file lawsuits against the government. Another notable case was the CTS Corp. v. Waldburger case, where the Supreme Court ruled that the federal Superfund law did not preempt state statutes of repose. This ruling was a setback for the victims as it limited their ability to sue for damages.

However, the ruling led to the introduction of the Camp Lejeune Justice Act of 2021, also known as the PACT Act, which allowed victims to file claims regardless of state statutes of repose.

The Janey Ensminger Act and the Camp Lejeune Justice Act of 2022

In August 2012, President Obama signed the Janey Ensminger Act into law to begin providing medical care for people who may have been affected by the contamination. The bill applies to 15 specific ailments believed to be linked to the contamination, The Department of Veterans Affairs is assigned to provide the medical care.

To fund the medical care, the bill extends higher fees for VA home loan guarantees to October 1, 2017. The Camp Lejeune Justice Act of 2022, Section 804 of the PACT Act, S. 3373, now provides an extended period for filing.

The language of Section 804 provides for monetary relief for those injured by exposure to the Camp Lejeune base and its toxic water by 30 days of “living” or “working” or “otherwise” being exposed between 1953 and 1987 is the prerequisite for compensation. This includes in-utero exposure.

There is also jury trial right that is not present in the Federal Tort Claims Act. Also, there is no requirement to prove negligence, making this what is known in tort law as a strict liability relief.

Lawsuits Following the PACT Act

Following the enactment of the PACT Act, there has been a surge in lawsuits filed by victims of the Camp Lejeune water contamination. As of July 2023, over 1000 Camp Lejeune cases have been filed in the Eastern District of North Carolina.

The lawsuits are filed by victims seeking compensation for their injuries or sickness, or the wrongful death of a loved one. One significant development in these lawsuits is the ruling by U.S. District Judge Terrence W. Boyle, allowing the federal government to maintain its affirmative defenses against allegations that water contamination at the Camp Lejeune Marine base led to people being poisoned.

The judge noted that any perceived vagueness in these defenses was a direct consequence of deficiencies and lack of specifics in the plaintiffs’ complaints. However, the plaintiffs can request the dismissal of these defenses later in the litigation if they are deemed insufficient.

The pace of the lawsuits has slowed down, with only 19 cases filed in June 2023, and 94 total cases filed in May 2023. However, there have been 65,000 Camp Lejeune administrative claims filed, and this number is expected to double.

The government has filed responses in 198 suits and has been in communication with approximately 11 plaintiff Camp Lejeune law firms representing over 180 plaintiffs. The lawsuits following the PACT Act are still ongoing, and no settlements have been reached yet.

The government is currently working on a plan to evaluate Camp Lejeune claims for settlement. However, the process has been slow, leading to frustration among the victims and the judges managing the litigation.

Relief from the Government

The Camp Lejeune water contamination crisis is a stark reminder of the potential health risks associated with environmental contamination. The legal battles and legislative actions that have followed highlight the complexities and challenges in addressing such issues, particularly when they involve large institutions like the U.S. military.

The passage of the Janey Ensminger Act and the Camp Lejeune Justice Act of 2022 represent significant steps towards justice for the victims of this environmental disaster. However, the long-term health impacts and the full extent of the consequences of this contamination event may not be fully understood for many years to come.

Crucial Takeaways

The current law, specifically the PACT Act, provides a legal avenue for victims of the Camp Lejeune water contamination to seek justice and compensation for their suffering. It allows them to file lawsuits against the responsible parties, bypassing previous limitations imposed by state statutes of repose.

Given the complexity of these cases and the importance of timely filing, it is crucial for victims to seek experienced legal counsel promptly to ensure their rights are protected and they have the best chance of obtaining the justice they deserve.

If you’d like to learn more or have a leading lawyer review your case, go to: https://lawsuithelpdesk.com/camp-lejeune-lawsuits-and-settlements/