Camp Lejeune Water Contamination Lawsuits
Veterans exposed to toxic chemicals at Camp Lejeune between 1953 and 1987 often developed severe illnesses, including many types of cancer. New legislation could allow veterans to sue the federal government and obtain compensation for their injuries.
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According to the Agency for Toxic Substances and Disease Registry, close to one million people may have been exposed to dangerous chemicals in the water supply at Camp Lejeune in North Carolina between 1953 and 1987.
What began as leakage from a fuel tank quickly expanded to affect numerous veterans and service members, as well as family members who visited the base and workers responsible for maintaining the grounds.
For years, the government denied that there were harmful chemicals called volatile organic compounds (VOCs) in the water. As a result, numerous people had contact with the water while performing regular daily activities like having a glass of water, showering, or brushing their teeth.
Chemicals found at various water treatment plants around Camp Lejeune include VOCs such as tetrachloroethyline and benzene, among others.
Tetrachloroethylene
Investigators found tetrachloroethylene at one water treatment plant in Camp Lejeune. A local one-hour dry cleaning company was the source of the contamination.
Tetrachloroethylene (PCE) is safe when held to a level of 5 parts per billion, per the EPA. However, levels of tetrachloroethylene were well over the recommended amount. They were at levels as high as 215 parts per billion between November 1957 and February 1987.
Researchers have linked tetrachloroethylene to the development of bladder cancer in humans.
Trichloroethylene
Investigators also found trichloroethylene (TCE) in another nearby water treatment plant in Camp Lejeune. The contamination stemmed not from one source but from multiple underground improperly maintained storage tanks and waste disposal sites.
The limit imposed as safe by the EPA is 5 parts per billion for TCE, but researchers identified levels as high as 1,400 parts per billion.
Scientists have linked trichloroethylene to kidney cancer, non-Hodgkin lymphoma, and cardiac defects.
DCE, Benzene, and Vinyl Chloride
The water at the Camp Lejeune treatment plant had DCE, benzene, and vinyl chloride at levels well above the EPA’s standards. Like trichloroethylene, these chemicals did not have a single source. Instead, they came from multiple underground storage tanks and waste disposal sites that had been leaking.
Many items, including rubber, lubricants, dyes, detergents, pharmaceuticals, and pesticides, use benzene during production.
Vinyl chloride is a manufactured substance used to make PVC. This polymer is necessary for manufacturing numerous plastic products, including pipes and packaging materials.
Researchers have found associations between these chemicals and leukemia, non-Hodgkin lymphoma, and liver cancer.
Could exposure to contaminated water at Camp Lejeune have caused other health conditions?
Researchers have traced many severe health conditions to excess exposure to specific VOCs, including tetrachloroethylene, trichloroethylene, DCE, benzene, and vinyl chloride.
According to the CDC, there is sufficient evidence to trace the following health conditions to volatile organic compounds:
- Kidney cancer
- Non-Hodgkin lymphoma
- Cardiac defects
- Bladder cancer
- Leukemia
- Liver cancer
The CDC has also identified connections between chemical exposure and the following health conditions:
- Multiple myeloma
- End-stage renal disease
- Parkinson’s disease
- Scleroderma
At least one study conducted by the CDC has linked the following conditions to chemical exposure:
- Choanal atresia
- Eye defects
- Low birth weight
- Fetal death
- Major malformations
- Miscarriage
- Neural tube defects
- Oral cleft defects
- Breast cancer
- Esophageal cancer
- Lung cancer
- Hodgkin lymphoma (Hodgkin disease)
- Ovarian cancer
- Prostate cancer
- Rectal cancer
- Impaired immune system function
- Neurological effects
- Neurobehavioral performance deficits
- Severe, generalized hypersensitivity skin disorders
- Aplastic anemia
- Myelodysplastic syndromes
- Brain cancer
Due to the numerous conditions linked to overexposure to chemicals such as TCE, PCE, DCE, benzene, and vinyl chloride, many plaintiffs may soon file lawsuits to obtain compensation for diseases related to Camp Lejeune water contamination.
Is it possible to file a lawsuit against the U.S. government for exposure to water contamination at Camp Lejeune?
The Senate passed the Honoring Our PACT Act on June 16, 2022, with 84 senators voting to approve the act, which calls for expanding VA benefits to those exposed to toxic waste sites and contaminated water. In addition, the act provides for 31 new VA health care facilities in 19 states and expanded research on toxic exposure.
In addition to expanding VA benefits, the act included a provision for the Camp Lejeune Justice Act. This provision allows military veterans exposed to water contamination at Camp Lejeune to sue the U.S. government for injuries and illnesses caused by exposure to toxic chemicals in the Camp Lejeune water treatment centers.
After the House of Representatives and the Senate passed the Honoring Our PACT Act, Congress sent the act to President Biden to await a final signature which occurred on August 10th, 2022.
Who qualifies to file a lawsuit against the federal government for water contamination at Camp Lejeune?
The Honoring Our PACT Act placed specific requirements on lawsuits related to illnesses sustained from exposure to contaminated water at Camp Lejeune. The requirements are in Section 804 of the Honoring our PACT Act of 2022 and are known as the Camp Lejeune Justice Act of 2022.
Veterans exposed to water contamination at Camp Lejeune between August 1, 1953, and December 31, 1987, may file a suit in the United States District Court for the Eastern District of North Carolina if they were exposed to the water for at least 30 days.
Anyone who chooses to file such a lawsuit must be able to prove that their exposure to water contamination injured them through evidence that establishes a causal relationship, or one that is likely to be causal, between VOC exposure and their illness.
Potential awards given by the court must be offset by any benefits already obtained through the VA or any other government medical program, such as Medicaid.
Affected individuals will not receive punitive damage awards.
The Camp Lejeune Justice Act also establishes a statute of limitations for filing a legal claim. Veterans must file their claim within two years of the Act’s enactment or within 180 days of the denial of a claim under section 2675 of title 28, United States Code.
How much can victims of water contamination at Camp Lejeune expect to receive?
Veterans who choose to file a claim against the federal government for illnesses or injuries they sustained as a result of their exposure to the chemicals in water treatment facilities in Camp Lejeune can receive economic and non-economic damages. The Act expressly prohibits punitive damage awards.
With the passage of the Camp Lejeune Justice Act of 2022, plaintiffs will likely file hundreds — if not thousands — of lawsuits in the coming months.
How many water treatment plants were affected by contamination at Camp Lejeune?
The Camp Lejeune Marines accident contaminated two major water treatment plants at the base: the Tarawa Terrace and Hadnot Point water treatment plants. Six other water treatment plants supply the Camp Lejeune Marine Corps base, but investigators do not believe they contained contaminated water or toxic chemicals.
Officials made efforts to clean up the water treatment plants in the late 1980s, and investigators now consider the water safe to drink and use.
Why was no one able to file a claim against the government in the past?
A North Carolina state law that imposed a statute of repose on personal injury cases prevented veterans affected by water contamination from filing a lawsuit against the government to collect damages for their toxic exposure.
The Camp Lejeune Act of 2022 overrides this state law. It allows all veterans exposed to chemicals for at least 30 days between August 1, 1953, and December 31, 1987, to file a claim in the United States District Court for the Eastern District of North Carolina.
How can Sonstein Law help me with my case?
The compassionate and qualified attorneys at Sonstein Law have the skills and resources to litigate your case against the U.S. government and other liable parties. No one deserves support in a time of need more than the brave men and women of our military.
We at Sonstein Law are honored to commit our time and efforts to ensuring that you receive compensation for the negligence of the federal government, regulatory agencies, and businesses who may have contributed to the contamination of the water supply at Camp Lejeune.
From medical bills to pain and suffering, your losses are real, and our legal team will ensure that justice is served on behalf of you and your family.