Camp Lejeune Water Contamination Lawsuit [2024 Update]

• Present at camp Lejeune for at least 30 cumulative days between August 1, 1953 – December 31, 1987. This includes service members, family members (including unborn children in utero), and civilian workers.
• Exposed to the contaminated water.
• Developed a serious health condition that can likely be attributed to the exposure.

The beneficiary (surviving spouse, next of kin, etc.) of a deceased individual is further authorized to make a claim on behalf of the victim.

September 28, 2023: Major Update in Camp Lejeune Lawsuit

On September 26, 2023, all four judges handling the Camp Lejeune Lawsuit cases in the Eastern District of North Carolina signed the first Case Management Order (CMO) and the Short Form Complaint (SFC). The CMO is a document which outlines the pre-trial discovery timeline and potential procedure and schedule for trials. The CMO adopts most of what the Plaintiff’s leadership committee proposed exactly one month ago. Additionally, the SFC lists the same proposed diseases and illnesses. While it does not mean that all cases will receive a settlement, it does give insight into the thinking of the Government, The Plaintiff’s leadership, and the Court.

Notably, the Court confirmed its preference for a speedy resolution by informing the parties to be ready for trials in 2024. The Court also re-emphasized that a global settlement resolution is imperative and directed the parties to meet regularly to discuss.

While we are still potentially years away from this being all over, the month of September has proven to be very productive for Camp Lejeune Lawsuit progress.

September 18, 2023: Challenge to Restructure Leadership Committee Denied

The judges overseeing the Camp Lejeune water contamination lawsuit denied an August 15th, 2023, motion by a law firm challenging the appointment of the leadership team in the litigation. Chief Judge Richard E. Myers II, Judge Terrence W. Boyle, Judge Louise W. Flanagan, and Judge James C. Dever III, signed an order denying the motion. With this distraction out of the way, the leadership committee can refocus its efforts towards discovery and other pre-trial proceedings.

September 8, 2023: Government Introduces Limited Early Settlement Program

There were hints that the government was working on something behind the scenes to create an expedited process for handling some Camp Lejeune Lawsuit Claims. On September 6, 2023, after years of pressure by attorneys plaintiffs and other advocates, the government unveiled a new program referred to as the “Elective Option” or “EO.”

This program is designed to expedite resolution for a specific group of individuals who have suffered from illnesses and diseases linked to the contaminated water at Camp Lejeune. Please understand that while this is encouraging progress, this program is very narrow in scope, and in practice applies to a very small percentage of people. The proposal outlines settlement options ranging from $100,000 to $450,000, which will vary based on the nature of the injury, the duration of a claimants stay at Camp Lejeune, and the time elapsed between exposure and diagnosis. This offer is extended to plaintiffs with one of nine specified diagnoses, categorized into two tiers.

NOTE: Not everyone with an injury listed below will qualify for an early settlement offer.

Tier 1
– Kidney cancer
– Liver cancer
– Non-Hodgkin’s lymphoma
– Leukemia
– Bladder cancer

Tier 2
– Multiple myeloma
– Parkinson’s disease
– Kidney disease (end-stage renal disease)
– Systemic sclerosis/systemic scleroderma

The settlement amounts are allocated within a tier system, taking into account the duration of presence at Camp Lejeune:

30-364 Days
$150,000 Tier I
$100,000 Tier II

1-5 Years
$300,000 Tier I
$250,000 Tier II

Over 5 Years
$450,000 Tier I
$400,000 Tier II

An additional $100,000 may be paid for wrongful death cases.

To qualify for this program, plaintiffs will need to provide evidence of their exposure through records such as housing, employment, and service records. Additionally, a certified medical diagnosis is required. Claims will undergo a “perfection” process and will be subject to an investigation by the Department of the Navy.

While some claimants may find these settlement offers appealing, it’s essential to note that they may not fully account for individual circumstances, such as early diagnoses, early death, enduring hardships, loss of employment, medical expenses, pain and suffering, and a diminished quality of life. Simply stated, they lump everyone with specific injuries together, more like a “class action”, regardless of the extent of their injuries.

From the government’s perspective, this plan aims to streamline the resolution process by addressing some of the most serious cases early on, potentially saving them from extensive legal proceedings on the strongest cases.

Are the offers good? For most people, probably not. But for some it may make sense. Whether these offers are advantageous depends on the unique details of each case. For many, the offers may not align with their expectations, especially in cases where the offered amount does not adequately address the hardships caused by the illness. For instance, someone diagnosed with Parkinson’s Disease, who spent 10 months at Camp Lejeune, would receive only $100,000. This amount may not adequately take into account the significant challenges and expenses associated with the disease. The reality is that this is a very, very low offer in this example. As an example that might make sense, a person diagnosed with bladder cancer, who also had a history of heavy smoking and alcoholism and spent only 30 days at Camp Lejeune, may find it challenging to establish causation to Camp Lejeune contamination and may consider a settlement of $150,000 appropriate.

Key Program Details and Qualification:

Injury: To be eligible for the early settlement program, the plaintiff must have a medical diagnosis of one of the nine specified injuries.

Presence: The settlement amount is determined by the duration of stay at Camp Lejeune, as outlined in the provided table. Most cases may only qualify for the lowest settlement amount.

Latency: The time between exposure and diagnosis is a crucial factor. A minimum of two years must have passed since your “first” exposure and diagnosis, and the diagnosis must occur within 35 years or less of your “last” exposure. If your diagnosis occurred more than 35 years after your last exposure, you are not eligible. For example if a person was at Camp Lejeune last in 1965 and was diagnosed in 2001, they would be ineligible for the early settlement. This is the part that disqualifies most people from the “EO.” Simply put, if more than 35 have passed since the last exposure and the diagnosis, the claimant is ineligible for the “EO” program.

No VA Offset: Under this offer, those receiving VA disability benefits related to their claimed injury will not see their settlement reduced by any benefit amounts received.

Other Injuries: There are no settlement offers available for illnesses or diseases outside of the nine specified conditions.

Our Clients:
We have thoroughly reviewed each of our cases over the last two days. Approximately 50% of our clients have a qualifying injury under the early settlement offer program, however, only about 3% meet the latency requirement. We believe that our cases are not unique, and that a similar percentage exists across the country.

If these numbers are indeed consistent throughout the country, these offers may turn out to be nothing more than a smoke screen. Time will tell. For the remaining 97%, we continue moving forward through the litigation process, and remain committed to securing the best possible outcome for our clients.

September 1, 2023: Encouraging Progress in Camp Lejeune Water Contamination Lawsuits

On August 28, 2023 the Plaintiff’s leadership committee submitted several documents for the court’s review. The leadership committee consists of several lawyers who represent the interests of all Plaintiff’s. The first document submitted is a proposed case management order. This document outlines the courts scheduling process and pre-trial deadlines, among other logistical components. The following are general takeaways from the proposed order:
Pretrial Coordination
1. Master Docket: The order suggests the the Clerk shall maintain a “Master Docket with case number No. 7:23-CV-897 where the leadership committee and the Government may file motions, pleading, notices, etc.
2. Individual Dockets: Each Plaintiff shall maintain its own individual docket assigned to a judge in the Eastern District of North Carolina.
3. Stay: All individual cases with Camp Lejeune Justice Act claims shall be stayed (no action taken) until Plaintiff’s are selected for trial and discovery (the formal gathering and exchange of information between parties).
4. Status Conferences: The Court shall hold regular status conferences in which the Plaintiff’s leadership and the Government will update the court on the number of cases files, status of agreements between parties since the last conference, a summary of discovery conducted, and other issues the parties wish to raise.
5. Master and Short Form Complaint: the leadership committee shall submit a proposed Master Complaint” which outlines the allegations made by the plaintiffs and the over facts of the lawsuit. A “Short Form Complaint” shall be used by each plaintiff when filing a lawsuit. The Short Form Complaint is a condensed version of the Master Complaint which outlines the specific injuries to the individual plaintiff and the basis of the lawsuit.
6. Self-Authenticating and Admissibility of Records: All official records such as medical and service records are self-authenticating and admissible as evidence.
7. Trial Plan: The Plaintiff’s Leadership Committee Plan proposes a plan for “Track 1” trials which would include five injuries: Bladder Cancer, Kidney Cancer, Leukemia, Parkinson’s Disease, and Non-Hodgkin’s Lymphoma. The selection of these Track 1 trials does not reflect the merit of other injuries, but is meant to focus on those for which trial results may help to facilitate resolution for other types of injuries. The Plaintiff’s and the Defendants (Government) will be responsible for choosing 10 cases for trial within 60 days of the filing of the Master Complaint. Parties should be prepared to begin Track 1 trials in the first quarter of 2024.

Within 60 days of filing the Master Complaint the Parties shall select 5 additional diseases for the purpose of creating a “Track 2” procedure.

The Government Plan asks the Court to limit Track 1 cases to Kidney Cancer, Leukemia, and Parkinson’s Disease. The Government also proposes two diseases for Track 2 cases including Breast Cancer and Prostate Cancer. Further, the Government sets forth a “Track 3” trial plan, but does not specify diseases.
8.Global Resolution: The proposed order suggests that the Parties should continue ongoing discussions for creating a process for global resolutions which would certainly simplify and expedite the settlement process.
9. Short Form Complaint: A short form complaint outlines an individuals specific “injuries” and the basis of their claim. This complaint must be completed and filed in every case. The proposed short form complaint in the Camp Lejeune Water Contamination Lawsuit includes basic identifying information, but more importantly gives us a glimpse into what are believed to be the areas of the base most contaminated, and a list of the “injuries” or diseases that may qualify. It is important to note that the law does not specify actual conditions, and the following list taken from the “proposed” short form complaint does not represent “all” of the claims that may qualify:

☐ Adverse birth outcomes (Plaintiff is the PARENT of an individual who died in
utero or was stillborn or born prematurely)
☐ ALS (Lou Gehrig’s Disease)
☐ Aplastic anemia or myelodysplastic syndrome
☐ Bile duct cancer
☐ Bladder cancer
☐ Brain / central nervous system cancer
☐ Breast cancer
☐ Cardiac birth defects (Plaintiff was BORN WITH the defects)
☐ Cervical cancer
☐ Colorectal cancer
☐ Esophageal cancer
☐ Gallbladder cancer
☐ Hepatic steatosis (Fatty Liver Disease)
☐ Hypersensitivity skin disorder
☐ Infertility
☐ Intestinal cancer
☐ Kidney cancer
☐ Non-cancer kidney disease
☐ Leukemia
☐ Liver cancer
☐ Lung cancer
☐ Multiple myeloma
☐ Neurobehavioral effects
☐ Non-cardiac birth defects (Plaintiff was BORN WITH the defects)
☐ Non-Hodgkin’s Lymphoma
☐ Ovarian cancer
☐ Pancreatic cancer
☐ Parkinson’s disease
☐ Prostate cancer
☐ Sinus cancer
☐ Soft tissue cancer
☐ Systemic sclerosis / scleroderma
☐ Thyroid cancer

Final Note: While these developments represent significant movement in the Camp Lejeune Lawsuits, the information contained in this update and in the linked documents are what is being PROPOSED to the court. Negotiations will take place and a judge will ultimately decide how things will proceed in these cases.

August 24, 2023: More than 1,100 Camp Lejeune Lawsuits Filed

On August 18, 2023, the leadership committee in the Camp Lejeune lawsuits issued a status update. Some highlights included the meeting of a “Science and Experts” subcommittee and a “Discovery” committee. These groups will focus on the science behind the contamination, the retention of experts of experts for litigation, and the organization of relevant documents in the case. The status of a proposed case management order was also discussed, which will set scheduling procedures among other pretrial compliance requirements. Perhaps the biggest takeaway is the anticipation of a public facing website which is intended to keep all parties updated including the court, the lawyers, the government, and the plaintiffs.

August 20, 2023: More than 1,100 Camp Lejeune Lawsuits Filed

Although the pace of lawsuits being filed in the Eastern District of North Carolina has slowed, there have been over 1,100 filed so far. We attribute the slower pace of lawsuit filings to hints by the government at a more efficient process for resolving claims. Recent comments made to major news outlets have suggested they are working on a plan that would streamline the process. However, based on the lack of response so far, we aren’t holding our breath for a resolution anytime soon.

August 14, 2023: Slow Pace of Camp Lejeune Lawsuit Getting Attention From Major News Networks

Just in the last few days, both CBS and CNN have aired primetime stories related to the lack of progress in the Camp Lejeune litigation. When pressed for answers, the government seems to keep kicking the can down the road, giving vague answers and excuses about the delays. One thing is for sure, with pressure from congress and the media, the Department of the Navy and the Department of Justice are now under some serious pressure to get this moving.

August 9, 2023: A Year Into the Camp Lejeune Justice Act Signing

The Camp Lejeune Justice Act was signed into law by the President on August 10, 2022, giving those affected by the water contamination two years to file an administrative claim with the Department of the Navy (DON) seeking compensation. To date, none of the more than 100,000 claims filed have been resolved. Not only have they not been resolved, the DON has not responded to a single one with a settlement offer. Those whose claims are ignored after a six month waiting period can file a lawsuit in federal court. While it is disappointing that government has not taken any action, we are encouraged that we will be permitted to now proceed to the lawsuit stage. Although the government has been woefully unprepared for this despite years of advanced notice, over the next 6 months we expect to see significant progress and guidance. The sad reality is that we have already lost countless souls while awaiting resolution to these cases. Many of those who served our country and were poisoned by the water at Camp Lejeune will never see the justice they deserve. While next-of-kin may file a wrongful death lawsuit on their behalf, it is little consolation for what these brave men and woman have had to endure as a result of the incompetency and indifference of those charged with their safety.

July 29, 2023: Encouraging Progress Made in Camp Lejeune Lawsuits

Lawyers for both the plaintiff’s and the government filed a joint status update on Friday July 28, 2023 in the Eastern District of North Carolina Federal Court. There are two major takeaways:

1. Plaintiff’s lawyers and leadership have had two productive meetings since mid July. Plaintiff’s lawyers will notify the Court by July 31, 2023, regarding appointments to new leadership and committee positions.
2. A meeting in Washington, D.C., between lawyers representing the plaintiff’s, and government lawyers (the defense), resulted in significant progress and an understanding of a possible plan for resolving cases. Specifically, discussion included: global case management; filing of a master complaint and a short-form complaint; a global database and matrix; and a document management system for requesting a receiving documents by the government.

This is exciting news and represents real progress in the Camp Lejeune Lawsuit. While certainly encouraging, it is important to remember that we are still more than one year away from the administrative claim filing deadline, after which potential bellwether trials and settlement negotiations may take place.

July 23, 2023: Major Step Forward in Camp Lejeune Lawsuits

An important step in Camp Lejeune lawsuits was taken this past week when the court approved a plaintiff’s steering committee. This is standard practice in multi-district litigation (MDL) cases. Camp Lejeune lawsuits are neither class action or MDL, however the litigation is set up more along the lines of an MDL. This committee of lawyers representing plaintiff’s will work with the court and the government to help to direct and organize the way that cases and evidence will be presented, and will ultimately create a more efficient and streamlined process. Most importantly, the approval of the committee marks a milestone indicating that the pace of the litigation will begin to speed up.

July 13, 2023: Camp Lejeune Lawsuit Litigation at a Standstill

Disappointingly, the Camp Lejeune lawsuit did not see much progress in June. This is inspite of a forceful May 17th letter signed by 10 members of Congress to the Department of the Navy and the Department of Justice giving a June 9th deadline for an explanation as to the slow progress. King Law will be in attendance at the 2023 American Association for Justice annual conference this week as we continue to put ourselves at the forefront of this litigation.

June 14, 2023: Camp Lejeune Lawsuit News Expected in June

The first two weeks of June have been slow in terms of Camp Lejeune Lawsuit news, however that is expected to change soon. On May 17th, 2023, several lawmakers sent a strongly worded letter to the Department of Justice and the Department of the Navy demanding answers regarding the slow pace of resolving claims of poisoned military members and their families. The letter, signed by 10 members of congress, set a deadline of June 9th, 2023, for a response. As of the date of this publication it is not known if the agencies met their deadline. Even so, the action suggests that pressure is mounting on the government to address this matter.

Additionally, it is expected that we will soon hear news regarding the formation of a Plaintiff’s Steering Committee. In April, a federal judge overseeing the Camp Lejeune lawsuits, issued an order soliciting attorney’s to submit applications to the Court to become part of this leadership group. Formalizing such a committee will undoubtedly result in additional advocacy on behalf of the victims of the Camp Lejeune water contamination. While the first half of June has been lacking in news, we expect significant Camp Lejeune Lawsuit updates shortly.

May 30, 2023: Progress Expected in Camp Lejeune Lawsuits in June

As more lawmakers on Capitol Hill continue to pressure the Department of the Navy and the Department of Justice to get their act together on Camp Lejeune lawsuits, June is expected to be a busy month. In addition to the congressional intervention, a plaintiff’s steering committee is expected to be formed by the Court in June. Judge Robert B. Jones issued an order requesting attorney’s representing Camp Lejeune victims to submit applications for a leadership committee by May 26, 2023. This group is expected to be significantly involved in creating the framework around how cases will proceed.

May 17, 2023: Lawmakers Demand Action in Camp Lejeune Lawsuit Cases

A bipartisan group of lawmakers wants answers from the Department of the Navy regarding their lack of movement on addressing more than 45,000 claims filed under the Camp Lejeune Justice Act. Frustrated by the delays, lawmakers have sent a letter to Navy Secretary Carlos Del Toro and Attorney General Merrick Garland, noting the need for timely resolution and asking for a detailed plan from the Department of Justice and the Department of the Navy to deal with the rush of Camp Lejeune Lawsuits. Lawmakers are demanding a response by June 9, 2023, for information on the status of the claims, number of lawsuits filed, and the impact on Camp Lejeune veterans and their families who have died while awaiting resolution.

May 15, 2023: New Study Indicates Risk of Parkinson’s is 70% Higher in Camp Lejeune Veterans

On May 15, 2023 a new study compared the risk of Parkinson’s Disease in service members stationed at both Camp Lejeune and Camp Pendleton between 1975 and 1985. It is well documented that the water at Camp Lejeune was contaminated by trichloroethylene (TCE) and other toxic chemicals. The study found that the risk of Parkinson’s among those stationed at Camp Lejeune was 70% higher than those stationed at Camp Pendleton. The study also concluded that even those without an official diagnosis of Parkinson’s, experienced a higher rate of signs of the disease such as tremors, anxiety, and erectile dysfunction. This new study both strengthens previous study results such as the ATSDR and underscores the need for further testing. The lead researchers of the study include Samuel Goldman, MD ; Frances M. Weaver, PhD, and Kevin Stroup, PhD.

On August 10, 2022, the Camp Lejeune Justice Act was signed into law by President Biden, giving those affected by the contaminated water at Camp Lejeune the opportunity to file a lawsuit seeking compensation for their injuries.

May 5, 2023: Department of the Navy Provides Update in Camp Lejeune Lawsuit

On May 4, 2023, Jennifer Langley, an attorney for the Department of the Navy JAG office, issued an update to attorneys handling Camp Lejeune Lawsuits. Below is a recap of the key points addressed in the email:

• Staffing: The Department of the Navy (DON) is working to expand its team and looking to double the staff. Although the process will take time, they expect to complete it by the end of the summer. They acknowledge they delays and appreciate patience during the delay.
• Claim Processing: The DON has been overwhelmed with the number of claims , seeing a significant increase in the past few months. They now estimate approximately 60,000 administrative Camp Lejeune lawsuit claims have been filed as of May 1st, 2023. Unfortunately, they are still working on Camp Lejeune lawsuit claims from October. They also indicate that due to bureaucratic red tape, that the online portal for submitting Camp Lejeune claims is still not ready and they anticipate further delays.
• Litigation: The DON indicates that approximately 1,000 Camp Lejeune lawsuits have been filed to date and believe that the number will increase significantly in the near future.
• Timeline and Next Steps: The DON acknowledges that if claimants initial administrative claim expires at the end of the 6 month waiting period, they have the option of continuing through the administrative process or file a lawsuit.

While this email was directed at attorneys, it does provide some insight into the process for claimants. The overall takeaway is that the DON readily admits they are understaffed and do not have the capacity to handle this volume of work. It appears as though congress did not allocate the additional funding needed to increase staff and build the needed technology for the Camp Lejeune claims and lawsuits.

April 30, 2023: Court Issues Important Order in Camp Lejeune Lawsuits

In the latest update in the Camp Lejeune lawsuits, on April 24, 2023, four judges for the Eastern District of North Carolina Federal Court, issued a joint Order that the Clerk of the Court will maintain a “Master Docket” to act as a centralized location for information relating to multiple cases. Additionally, the Court is soliciting attorney’s who represent Camp Lejeune victims to apply to the Court to serve on the Plaintiff’s Steering Committee. This leadership group will be responsible for working to create a master complaint, which will serve as a document which establishes the framework for the Camp Lejeune lawsuits, identifies common issues, and guides future legal proceedings. The court will also seek additional input from the Steering Committee: “Once the court has determined whether and to what extent it will adopt any proposed leadership structure, the court anticipates seeking input from the plaintiffs on creating a master complaint, input from the defendant on a master answer or other responsive pleading to the master complaint, a process for consolidating discovery, a process for phased discovery, a process for coordinating expert-related motions, a process for coordinating dispositive motions, a process for bellwether selection, a process for trials, and a process for settlement negotiations.” This order represents serious movement in the litigation.

April 27, 2023: Local Heroes Unite: Camp Lejeune Veteran Tackles Military Suicide

As the lawsuit surrounding the Camp Lejeune water contamination continues its slow progress, prioritizing the physical and mental well-being of our esteemed veterans has become paramount. Jim Wicker, a retired Marine and cancer survivor who spent time at Camp Lejeune in the 1950’s and 1960’s, has not only entrusted our law firm with his Camp Lejeune lawsuit but has given several years to growing the reach of this important cause. After initially hiring a prominent national firm, Jim discovered the importance of personalized attention for Camp Lejeune veterans who were exposed to contaminated water during their service. His invaluable assistance has played a pivotal role in our firm’s efforts to develop comprehensive information and resources tailored specifically for the benefit of Camp Lejeune veterans.
Challenge 22’s primary objective is to combat the alarming number of daily veteran suicides, which stood at 22 at the program’s inception. Today, the program strives to bring that number down through local initiatives.
If you’re interested in learning more about the Challenge 22 program or wish to contribute to this vital cause, visit the website mcl468.com.

April 23, 2023: Number of Camp Lejeune Lawsuits Climbs Rapidly

As of April 23, 2023, more than 800 Camp Lejeune Lawsuits have been filed in the Eastern District of North Carolina federal court. This is pacing about 20 new lawsuits per day. It is expected that there will be thousands of lawsuits filed in the next year. Judge James C. Dever III who is presiding over the cases, is expected to rule this summer on a procedure to determine how cases will move forward.

April 17, 2023: Judge Issue Order Granting Extension of Time to DOJ in Camp Lejeune Lawsuit

On April 17, 2023 Judge Dever granted an extension of time for the government to file a response in connection with an earlier motion filed by the Plaintiff’s to group, or consolidate the Camp Lejeune cases. In reading the tea leaves of this order, it appears that the government is preparing to settle the Camp Lejeune cases. The Court granted the government until June 3, 2023 to respond.

April 13, 2023: Advocates Speak Out After First Court Hearing in Camp Lejeune Toxic Water Lawsuit

Advocates and individuals affected by the toxic water contamination at Camp Lejeune expressed their frustration with the government, specifically the Department of the Navy, following the first status conference in the litigation.

April 10, 2023: Motion to Consolidate Camp Lejeune Lawsuit Cases

Several lawyers representing Camp Lejeune lawsuit plaintiffs along with the government, filed a joint motion to the court in an effort to consolidate cases. The benefits of consolidation include efficiency for the court and the parties, consistency among rulings, cost savings, and most importantly a streamlined way to manage legal issues, procedures, and discovery requirements.

April 8, 2023: Status Conference Held Before District Court Judge in Camp Lejeune Lawsuit Cases

United States District COurt Judge James C. Dever III held the first status conference in the Camp Lejeune Lawsuit cases. The main topics included how the court should deal with the massive number of cases expected, the number of claims already filed, and resolved, and the process for discovery. It was noted by the government that a streamlined process was needed to get answers to the myriad of questions and issues pertaining to pending and future Camp Lejeune lawsuit cases. The Court expressed frustration with the pace of the litigation noting that it would take 1,900 years to resolve the expected number of claims in a traditional manner.

April 2, 2023: Nearly 200 more Lawsuits Filed Last Week Under the Camp Lejeune Justice Act

The pace of lawsuits being filed under the CLJA continues to accelerate each week, with nearly 200 new cases filed within the last 10 days. The Camp Lejeune Justice Act became law on August 10, 2022, allowing individuals and families to pursue legal action based on illness caused by exposure to contaminated water at Camp Lejeune. There is currently a status conference scheduled for April 5, 2023, before Judge Dever of the Eastern District of North Carolina. It is still expected that any jury verdicts or settlement payouts are still likely more than a year away.

March 29, 2023: Camp Lejeune Victims Seek Consolidation of Lawsuits

Attorneys representing victims of the Camp Lejeune water contamination have filed a motion asking the federal court to consolidate the lawsuits into a single case. The motion was filed on March 29, 2023, and the court has not yet ruled on the motion. If the court grants the motion, it could expedite the legal process and create a more efficient path to resolution for the thousands of veterans and their families who have been affected by the water contamination at the North Carolina Marine Corps base.

March 27, 2023: Delays Turning Camp Lejeune Personal Injury Claims into Wrongful Death Lawsuits

An article published by Roll Call highlights the real-world consequences of the governments inability or unwillingness to act quickly on Camp Lejeune water contamination claims. Our law firm has already experienced this first-hand as clients who hired us have passed away, turning their personal injury case into a wrongful death claim for their families. The Department of the Navy has yet to develop any kind of streamlined system for accepting claims, let alone a system to review and act on the claims. To date, none of the more than 20,000 administrative claims have been resolved or offered a settlement. Claimants whose claims pass the 180 waiting period without resolution must file a lawsuit in federal court to recover damages. If history is any indicator, these delays could end up taking years to sort out, causing even more families to lose their loved ones before their case is resolved. It is our hope that Congress, the Department of the Navy, and all those involved will act on the original intent of the Camp Lejeune Justice Act and resolve these cases without delay for these families that have suffered long enough.

March 20, 2023: Camp Lejeune Claimants Urged to Beware of Scams

These days our personal information is as accessible as ever. Show an interest in something by giving out your email or phone number and that data is sure to make its way into the hands of unsavory characters. Claimants in the Camp Lejeune water contamination lawsuits are not immune, in fact, it is a population that scammers tend to target – the elderly. We at King Law often hear from our clients that they receive constant texts and emails stating, among other things that “Your Camp Lejeune case has been settled – click here to claim your funds.” Let us be 100% clear: NO cases have been settled and NO cases have been heard in court. Jury verdicts and settlement offers are months – if not years away.

The most recent update available as of March 20, 2023 indicates that more than 25,000 claims have been filed under he Camp Lejeune Justice Act and just more than 200 lawsuits have been filed. This represents a tiny fraction of the amount of cases that the courts will need to process through. The truth is that the government has still given no indication as to how they will address the massive volume of Camp Lejeune claims.

If you are contacted in any way asking that you need to claim your settlement before it expires, it is certainly a scam. Should you have any questions regarding your case it is always best to contact your attorney directly.

March 14, 2023: Senate Passes Legislation to Provide Additional Resources for Camp Lejeune Veterans

On March 14, 2023, the U.S. Senate passed legislation to provide additional resources for Camp Lejeune veterans who were exposed to contaminated drinking water at the Marine Corps base. The legislation, which now moves to the House of Representatives, would establish a new office within the Department of Veterans Affairs to assist veterans and their families with obtaining compensation for illnesses related to the water contamination. The legislation also seeks to improve the coordination of health care services for Camp Lejeune veterans and their families.

March 12, 2023: The Pace of Camp Lejeune Lawsuit Updates Continues at a Crawl

The government (the defense) in this litigation has still not created any system for processing what expects to be tens-of-thousands of lawsuits, if not more. This could be a staffing issue or a strategic move to delay until the two year claim window expires in August of 2024. This way they will know exactly how many cases they are dealing with and have a better idea of how they plan to settle them. The bottom line is that this will, as we have always known, be a long process.

March 2, 2023: Camp Lejeune Lawsuits Reach 200

The number of Camp Lejeune water contamination lawsuits filed in the Eastern District of North Carolina Federal Court continues to be slow. Approximately 200 lawsuits have been filed to date. There continues to be no movement in terms of scheduling or potential trial dates. The number of administrative claims filed continues to inch up slowly and currently stands at approximately 25,000. It is believed that the Judge Advocate General (JAG) of the Department of the Navy has not offered to settle any claims filed to date and has instead allowed the 180 day review period to expire. This allows a claimant to then file a lawsuit in federal court.

February 23, 2023: VA comments on benefits related to Camp Lejeune

David Barrans, a lawyer for the VA has confirmed that the filing a Camp Lejeune Claim under the Pact Act or the Camp Lejeune Justice act will not affect a persons eligibility for VA benefits. The VA has been more active in voicing their position because they are concerned about veterans not filing for disability benefits because they are bringing a Camp Lejeune Justice Act Claim.

February 16, 2023: Camp Lejeune Lawsuits and Claims Update

In the Eastern District of North Carolina, nine additional CLJA civil lawsuits were filed yesterday, bringing the total number of Camp Lejeune lawsuits filed to 112 now that the administrative claim deadline for the earliest JAG claims has passed. Recently, JAG reported that they have received over 20,000 administrative claims under the CLJA.

February 12, 2023: Camp Lejeune Litigation Enters Next Stage

On Friday February 10th, 2023, the Camp Lejeune Justice Act entered the next stage of litigation. On August 10, 2022, the Camp Lejeune Justice Act was passed and permitted affected individuals the right to file a claim and a subsequent lawsuit for damages caused by the contaminated water at the base.

The first step in the process is to file an administrative claim with the Department of the Navy (DON) who then has 180 days to act on the claim either by accepting, denying, or allowing the claim to expire. Should a claim go unresolved after the 180 waiting period, the individual is then permitted to file a lawsuit. On February 10, 2023, thousands of the first administrative claims expired without a resolution. It is expected that the Eastern District of North Carolina Federal Court will begin receiving thousands of lawsuits immediately.

For some perspective, the DON sent an email to attorneys on February 10, 2023, notifying them that they sent out 4,487 “Perfection Letters” to those who filed claims in August. To learn more about the definition of a “Perfected Claim” see the article below.

We expect much more information in the coming days and weeks.

February 1, 2023: Office of the JAG Provides Camp Lejeune Update to Attorneys

As we approach the 6 month mark since the passing of the Camp Lejeune Justice Act, the Office of the Judge Advocate General (JAG) recently provided a progress update to attorneys.The good news is that there was an update – the bad news is that there isn’t much substance.

A Tort Claims Attorney with the JAG covered the following topics in a January 31st email:

Progress on Claims:
As required by law, each claimant must file an administrative claim commonly called a “Claim for Injury or Death” with the JAG. This procedural step must be completed before a lawsuit can be filed in federal court.

The update indicates that JAG will begin notifying claimants (or their attorneys) as to whether their administrative claim has been properly filed (or perfected). These notifications will include those administrative claims filed from August-October of 2022. The perfection standard includes such elements as:
Correct Legal Name; Standing to File Claim; Amount of Claim; Basis of Claim; Authorization (for claims requiring an executor or authorized representative); Correct Agency Addressed

Substantiation Requests
Here, the attorney indicates that those Camp Lejeune claims which were filed between August and October of 2022, have been perfected, and fall into the presumptive list of conditions, claimants will receive a letter requesting additional information regarding their service.

Scams
The JAG office makes a point to recognize that there are a lot of scams surrounding Camp Lejeune Claims. Specifically, people should be on the lookout for emails saying that they need to accept their settlement or the offer will expire. All communication from the government will be written on Department of the Navy letterhead or from the official CLClaims email address, or by first class mail.

Claims Portal
The update here indicates that they have made significant progress on the claims portal, but that government red tape has slowed the process, citing security concerns.

Claimants Seeking to Litigate
For those who plan to litigate cases (or file a lawsuit) and move beyond the administrative claim process, the JAG is asking attorneys to notify them so that they can forward the requests to the DOJ allowing them to plan for resources.

Numbers
The update notes that the JAG received approximately 10,000 claims in the first 3 months (August through October 2022). They expect that November, December, and January will show a large increase. To put that in perspective, the department typically handles 1,500-2,000 cases in an entire year.

While there isn’t much substance to the update from the JAG, we do expect significant updates in the coming weeks and months.

January 3, 2023: Order Regarding Exhaustion of CLJA Claims

With respect to the legacy cases filed in the Eastern District of North Carolina, Chief United States District Judge, Hon. Richard E. Meyers II, issued and order finding that the plaintiffs failed to follow procedures prescribed by the Camp Lejeune Justice Act (CLJA) and therefore the Court does not have jurisdiction to hear the cases. The full order reads:

“These matters come before the court on the parties’ briefing in response to the court’s order concerning administrative exhaustion of the Plaintiffs’ claims against Defendant under the Camp Lejeune Justice Act of 2022, Pub. L. No. 117-168, § 804, 136 Stat. 1802 (2022) (“CLJA” or “Act”)[DE 15, 17, 19). For the same reasons cogently stated in an order issued by the Honorable James C. Dever III in Fancher v. United States, No. 5:22-CV-00315-D, [DE 30) (E.D.N.C. Dec. 20,2022), which addressed the same arguments presented by the parties in the above-captioned cases, the court finds that Plaintiffs have failed to demonstrate they exhausted their administrative remedies as required by the CLJA and, thus, the court lacks subject-matter jurisdiction to hear their claims. In due time, the court will enter separate orders in each case addressing issues and/or arguments specific to that case.”

The law requires that a person must file an administrative “Claim for Injury or Death” with the Office of the Judge Advocate General (JAG Unit – Department of the Navy) prior to filing a lawsuit in federal court. The JAG unit then has 180 days to respond to the claim.

December 18, 2022: Camp Lejeune Lawsuit Scams

Anyone who has a TV, computer, or smartphone has surely seen the barrage of ads filling up our screens over the last several months regarding Camp Lejeune Lawsuits. Search for it once and you’ll likely be served advertisements everywhere you look online through social media or Google. The attention this litigation has received has made it ripe for scammers to target unsuspecting Marines and their families. The truth is if you have a connection to the military there’s a good chance that you have made it onto marketing lists. These databases are typically for sale by 3rd party vendors and usually include identity and contact information.

Should you ever receive a call, text, or letter from anyone telling you they can help you file a claim and ask you for money upfront, it is most certainly a scam. Additionally, if you have already hired a Camp Lejeune water contamination lawsuit attorney, beware that scammers may contact you pretending to be “your law firm” and may say that a bill is due or you need to pay a filing fee. Reputable law firms handle these types of cases on a contingency basis, meaning they don’t get paid unless the client receives a settlement. If you receive a call asking you to pay money in connection with your case, hang up and call the law firm directly.

December 16, 2022: Number of Administrative Claims Estimated at Over 15,000

The Department of the Navy is handling the initial administrative claims required as the first step under the Camp Lejeune Justice Act has estimated over 15,000 claims filed to date. The Jag Unit Tort Claims Unit is still building an online portal to streamline the Camp Lejeune claim process, however until then all claims are filed manually via email. Currently, no documentation is required for this claim form, however it is likely that documentation proving the claims will be required. It is expected that the number of claims filed will grow exponentially in the coming months.

The JAG Tort Claims Unit in part of the legal division of the Department of the Navy and has 6 months to respond to these initial filings. It is unclear if they will attempt to settle any cases involving toxic exposure at Camp Lejeune early or will simply reject the claims or allow the deadline to respond to expire. Should this happen, the claimant will then be permitted to move to the next phase and file a complaint (lawsuit) in federal court.

December 12, 2022: Filing a Camp Lejeune Claim for a Deceased Loved One

If you have a family member or a loved one who passed away with a condition that may have been caused by the toxic water at Camp Lejeune, you may be able to file a claim on their behalf. The first step is to identify the person who has “standing” to file a claim. If the deceased was married at the time of their passing, their spouse would likely be the eligible party to file as the “proposed administrator.” The children of the deceased may also be eligible to file if they was not married, or if the spouse also passed away. In most cases an estate may need to be opened or reopened in the state in which the decedent passed away. It is important to speak with an estate lawyer so that the appropriate party can be legally designated as an administrator.

December 2, 2022: FREE CAMP LEJEUNE LAWSUIT WEBINAR WITH ATTORNEY ROBERT KING

Attorney Robert King will be hosting a FREE live webinar on December 15th at 4:00pm EST to discuss the latest updates on the Camp Lejeune water contamination lawsuit, as well as answer some of the most frequent questions regarding the lawsuit. There will also be a Q&A session. If you or a loved one suffered a long-term illness or disease due to toxic exposure at Camp Lejeune, or if you are looking for more information, get registered for our webinar now!

November 25, 2022: HOW DO I GET MY MILITARY SERVICE RECORDS?

If there is one thing that the military does well it is keeping records. However, with the massive influx of military personnel records being requested due to the Camp Lejeune water contamination lawsuit, government officials holding these records are extremely backed up.

If you have been discharged from the military, the National Archives and Records Administration (NARA) houses most military personnel records. The NARA is the official repository for those who were discharged from the Marine Corps, Air Force, Navy, Coast Guard, and Army. If you are a recently separated veteran your records may be found online at VA eBenefits. Most veterans and their next-of-kin can obtain records such as DD214 and other documents for free by:

– Using eVetRecs system
– Mailing or Faxing a Standard Form SF-180

According to the NARA the types of records typically available include:

– enlistment/appointment
– duty stations and assignments
– training, qualifications, performance
– awards and medals
– disciplinary actions
– insurance
– emergency data
– administrative remarks
– separation/discharge/retirement (including DD Form 214, Report of Separation, or equivalent)
– and other personnel actions

Visit the National Archives and Records Administration website HERE

October 25, 2022: UPDATE FROM THE OFFICE OF THE JUDGE ADVOCATE GENERAL REGARDING RECORDS (CLJA)

Today, the Office of the Judge Advocate General sent a notice to attorneys with an update regarding personnel and federal employment records needed for submitting initial administrative claims, as well as the possible future requirements to substantiate a claim.

FROM THE OFFICE OF THE JUDGE ADVOCATE GENERAL: The Department of the Navy, the Department of Justice, and the National Personnel Records Center, a division of the National Archives and Records Administration, are working together to find a global solution regarding the gathering of personnel and federal employment records for those CLJA claimants having military ties. To date, the NPRC has received thousands of personnel and/or federal employment records requests from CLJA claimants seeking records to substantiate their CLJA claim. As a practical matter, it is not feasible for the NARA to complete the volume of record requests received in the time needed for initial filing of CLJA claims. In order to expedite the claims process, the DON will not require claimants to provide military personnel and/or federal employment records at the time of the initial filing of the administrative claim. Records needed for substantiating the claim may be requested at a later time on a case-by-case basis based on the Navy’s evaluation of the claim. Such substantiation request, when necessary, will not be made by DON until after the upcoming electronic portal has been launched by the OJAG Admiralty & Claims Division. At that time, where substantiation is needed, claimants and/or their designated representatives will be notified to provide those substantiating documents to DON, and the claimant can then work with NARA to obtain records as needed to substantiate their claim.

October 7, 2022: Camp Lejeune Toxic Water News – Robert King appears on the American Veterans National Podcast

Robert King recently travelled to Washington D.C. to appear as a special guest on the AMVETS Podcast with National Executive Director Joseph Chenelly to discuss Camp Lejeune water contamination and its plague on veterans and their families. CLICK HERE to listen

October 3, 2022: Camp Lejeune Toxic Water News – Motion Denied

Two federal judges have denied Plaintiff’s motion to consolidate cases for illnesses caused by exposure to toxic water at Camp Lejeune. Nearly two month have passed since the Camp Lejuene law was passed and Plaintiffs are seeking answers about how the claims will proceed in court. Plaintiffs want to know who will be the judge, what the rules will be and what the schedule will be going forward.

September 19, 2022: Camp Lejeune Toxic Water News – Notice of Claim Update

We are now a little over one month into the two year window to file a claim under the Camp Lejeune Justice Act. The Department of the Navy Indicates that approximately 5,000 administrative claims were filed in the first month. In order to file an administrative claim a victim must show at least 30 days at Camp Lejeun, toxic exposure and an illness related to the toxic water exposure. Proof of time at the base can be shown with military forms like the DD 214 or other types of documents like photographs. Toxic exposure is nearly certain in some residence locations or jobs, and medical records are necessary to prove a qualifying illness.

August 18th, 2022: Robert King of King Law speaks at AMVETS National Conference

Robert King of King Law was invited to speak about the Camp Lejeune toxic water lawsuits at the AMVETS National Conference in New Orleans, LA. He discusses why the Camp Lejeune Justice Act is critical legislation what it means to all veterans and their families.

August 10th, 2022: Camp Lejeune Justice Act Signed into Law by President granting victims of toxic water a Camp Lejeune the right to bring a claim

The President has signed the PACT Act, the bill which contains the Camp Lejeune Justice Act. Biden called the signing of this bill the “most significant law our nation has ever passed to help veterans who were exposed to toxic substances.” For more than three decades, veterans, their families, and others who lived or worked at Camp Lejeune between 1953 and 1987 were exposed to toxic chemicals in the water supply. Many people who were present at Camp Lejeune and were exposed to the water by drinking, cooking, and bathing have developed serious conditions such as cancer, Parkinson’s disease, kidney disease birth defects, miscarriage’s, neurological issues, cardiac problems, and many other serious health concerns. These individuals can now begin the process of filing a civil claim and a lawsuit in federal court to receive a financial settlement.