Camp Lejeune Toxic Water Contamination Claims
Benefits for Military and Civilian Personnel Exposed
Drinking water at Camp Lejune, North Carolina, was contaminated by toxic substances, and it is estimated that over one million military personnel, their families, and civilians who lived and worked near Camp Lejune training facility between August 1, 1953, and December 31, 1987, may have been exposed to hazardous substances.
Severe illnesses may have resulted from exposure, including birth defects, cancer, and other serious diseases.
On August 10, 2022, President Joe Biden signed the Camp Lejune Justice Act of 2022 [The PACT Act], which allows lawsuits to be filed against the US Government.
Eligibility:
The law provides that anyone (including utero exposure) who worked, resided, or otherwise was exposed for a period of not less than 30 days beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, to water supplied by, or on behalf, of the United States, can bring a lawsuit.
The Burden of Proof:
The person or its representative has the burden of proof to produce evidence that the exposure to the water caused the harm. The law outlines the standard in more specific detail.
Damages:
No punitive damages are available under the claim against the United States.
Offsets:
The benefits are credited against Veterans Affairs programs, Medicare programs 42 USC 1395 et seq., and Medicaid programs 42 USC 1396 et seq. in connection with health care or a disability.
Pre-Lawsuit Requirements:
An individual or representative must comply with Federal Agency Requirements before filing a lawsuit. 28 USC 2675.
Period of Filing
“(j) Applicability; Period for Filing.--
(1) Applicability.--This section shall apply only to a
claim accruing before the date of enactment of this Act.
(2) Statute of limitations.--A claim in an action under
this section may not be commenced after the later of--
(A) the date that is two years after the date of
enactment of this Act; or
(B) the date that is 180 days after the date on
which the claim is denied under section 2675 of title
28, United States Code.
(3) Inapplicability of other limitations.--Any applicable
statute of repose or statute of limitations, other than under
paragraph (2) shall not apply to a claim under this section.
Cost of the legislation estimated by the Congressional Budget Office:
"Section 804 would allow people who worked or resided at Marine Corps Base Camp Lejeune in Onslow County, North Carolina, between 1953 and 1987 to seek compensation from the federal government for physical ailments related to exposure to contaminated water. The right to file a claim would be limited to people whose illnesses manifest before the date of enactment. Implementing the section would increase spending subject to appropriation for processing and litigating claims. CBO expects that awards and settlements would be paid from the Judgment Fund, a permanent, indefinite appropriation that is available to pay monetary awards against the United States that are judicially or administratively ordered. Payments from that fund are classified as direct spending. CBO also estimates that, in addition to the amounts shown in this table [$6.1 billion], payments under the section would increase direct spending by about $15 billion after 2031. "
Related Posts on Camp Lejeune Water Contamination:
Burn Pit Benefits: The US Senate Passed The Pact Act 6/17/2022
CDC's Camp Lejeune study links birth defects to marine base's drinking water 12/08/2013
ASTR Health Survey of Pre-1986 Personnel at Camp Lejeune 5/28/2011
Camp Lejeune Toxic Exposure 2/18/2010
ASTAR Archived Documents. Camp Lejeune, North Carolina
CDC - Health Concerns at Camp Lejeune
IN RE CAMP LEJEUNE NORTH CAROLINA WATER CONT. LIT., 263 F. Supp. 3d 1318 (N.D. Ga. 2016).
Recommended Citation: Gelman, Jon L., Camp Lejeune Water Contamination Claims, gelmans.com, Aug. 7, 2022), https://www.gelmans.com/ReadingRoom/TabId/65/ArtMID/1482/ArticleID/1094/Camp-Lejeune-Toxic-Water-Contamination-Claims.aspx
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Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have represented injured workers and their families who have suffered occupational accidents and illnesses.
© 2001-2023 Jon L Gelman. All rights reserved.
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Health effects linked with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene, and vinyl chloride exposureThis document combined the findings from ATSDR’s Camp Lejeune studies with findings from studies of other populations exposed occupationally or environmentally to TCE, PCE, vinyl chloride and benzene.
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VA Camp Lejeune water contamination health issuesIf you served at Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River in North Carolina, you may have had contact with contaminants in the drinking water there. Scientific and medical evidence has shown an association between exposure to these contaminants during military service and development of certain diseases later on. If you have qualifying service at Camp Lejeune and a current diagnosis of one of the conditions listed below, you may be able to get disability benefi
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Camp Lejeune water contaminationThe Camp Lejeune water contamination problem occurred at Marine Corps Base Camp Lejeune in Jacksonville, North Carolina, from 1953 to 1987.[1] During that time, United States Marine Corps (USMC) service members and their families living at the base bathed in and ingested tap water that was contaminated with harmful chemicals at concentrations from 240 to 3400 times levels permitted by safety standards. An undetermined number of former base residents later developed cancer or other ailments, whic
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Contamination at NC Marine base lasted up to 60 yearsNBC: Some of the wells that supplied drinking water to Camp Lejeune in North Carolina were contaminated by cancer-causing solvents for as long as 60 years, a new federal report shows.Month-by-month calculations show that Marines and their families at the base drank and bathed in water that may have been tainted with trichloroethylene (TCE) from 1948 through 2008.
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USMC: Cam Lejeune Historic Drinking Watern the 1980s, some of Camp Lejeune’s drinking water wells were found to be affected by unregulated industrial chemicals
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Morbidity Study of Former Marines, Employees, and Dependents Potentially Exposed to Contaminated Drinking Water at USMC Base Camp Lejeune: A Summary of Agency for Toxic Substances and Disease RegistryThis study shows that contaminated drinking water at Camp Lejeune was linked to increased risk for bladder cancer, kidney cancer, and kidney disease.
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Veterans ‘burn pits’ bill marks a personal victory for BidenPresident Joe Biden, whose elder son died of cancer after serving in Iraq, signed legislation on Wednesday expanding federal health care services for veterans who served at military bases where toxic smoke billowed from huge “burn pits.” AP 8//10/2022