The word Le jeune translates from French as young or youthful. This seemingly benign name does not accurately reflect the decades of water contamination and coverup that occurred at the Marine Corp Base Camp Lejeune.
Between 1953 and 1987, it is estimated that nearly one million people drank, cooked, and bathed in contaminated water while living or working at Camp Lejeune in Jacksonville, North Carolina. This huge swath of people included military, civilian employees, and military family members. There is a lengthy history encompassing the realization of the contamination, the efforts of those affected to seek compensation through the courts and the VA system, and various attempted legislative efforts. Without delving into a detailed history, those injured by the contaminated water had an exceedingly difficult, if not impossible, task of trying to recover either through state court, federal court, or administrative agencies.
However, this past August, in a broad bipartisan fashion, the United States Congress passed, and President Biden signed, the Camp Lejeune Justice Act of 2022 that provides monetary relief to those injured by exposure to water at Camp Lejeune. The Act allows those individuals who were on base for 30 days or more between August 1, 1953 and December 31, 1987 to bring an action in the United States District Court for the Eastern District of North Carolina to obtain relief for harm caused by exposure to water at Camp Lejeune. This includes unborn babies that were in utero during the time of exposure.
Crucially, the legislation is written in such a way to make it easier for those harmed to recover than in a normal personal injury action. First, there is no requirement showing that the United States, or anyone else, was negligent. Second, the burden of proof, is: “evidence showing that the relationship between exposure to the water at Camp Lejeune and the harm is–
(A) sufficient to conclude that a causal relationship exists; or
(B) sufficient to conclude that a causal relationship is at least as likely as not.”
Lastly, the United States is not allowed to assert any claim of immunity. In exchange though, there are no punitive damages allowed, and awards are offset by benefits received from Veteran Affairs, Medicare, or Medicaid in connection with health care or a disability related to water exposure at Camp Lejeune. Claims must be commenced within the latter of two years after the date of enactment of this Act (August 10, 2022), or 180 days after the claim is denied under 28 U.S. Code § 2675.
If you have any questions about the Act or believe you may have a claim, feel free to contact our experienced personal injury lawyers.
