The Situation at Hand
What Happened at Camp Lejeune?
From 1953 until 1987, the drinking water at Camp Lejeune in North Carolina was toxic. Marines, their families, and civilian workers stationed at Camp Lejeune were exposed to water that was contaminated with cancer-causing chemicals such as benzene, TCE (trichloroethylene), PCE (perchloroethylene), and vinyl chloride. These chemicals were found in 2 of the primary water treatment facilities on base – Hadnot Point and Tarawa Terrace.
The chemicals found in the Camp Lejeune drinking water have been found to cause many different cancers and illnesses including:
- Lung cancer
- Pancreatic cancer
- Prostate cancer
- Rectal cancer
- Breast cancer
- Leukemia or lymphoma
- Colon cancer
- Liver cancer
- Kidney disease or cancer
- Parkinson disease
- Bladder cancer
- Scleroderma/systemic sclerosis
- Esophageal cancer
- Multiple myeloma
- Laryngeal cancer
- Myelodysplastic syndrome (“MDS” or aplastic anemia)
Will This Affect My VA Benefits?
No! Filing a claim under the Camp Lejeune Justice Act (CLJA) will have no impact on your VA disability, widow or medical benefits. Similar to any other injury lawsuit, the law does allow for any amount of VA disability or Medicare/Medicaid benefits related to the illness giving rise to the CLJA claim to be offset from any award or settlement; however, the government could agree to waive that offset when that time comes.
What If A Potential Claimant Died Many Years Ago?
Deceased individuals, regardless of how long ago they passed away, can also qualify for a claim through their estate's personal representative. The Camp Lejeune Justice Act waives the statute of limitations defense, so a deceased's family may still recover if the death was related to the contaminated water.
How Long Do We Have To File A Claim?
The law will only allow individuals who qualify to file claims for TWO YEARS from the date this bill was signed into law (August 10, 2022). So, that means that your claim must be filed no later than August 10, 2024. Any claim filed after the deadline could be subject to dismissal, so please do not wait to act!
Is This Only For Marines?
No! This new law allows anyone who was exposed to the toxic Camp Lejeune water from 1953 to 1987 (for at least 30 days) to bring a claim. This includes Marines, their family members, civilian employees, and anyone else who was exposed.
Where Will The Cases Be Filed?
First, each claim must be filed administratively with the Department of the Navy's JAG office. If that office either denies the claim or fails to act on it within six months, it can then be filed only in federal court in the Eastern District of North Carolina.
Is This A Class Action Lawsuit?
No. This is an individual claim for you or your loved-one. A class action involves a group of plaintiffs who have a similar injury. In this case, there are many different situations - some have died, some have become disabled, and some have recovered. Each of our clients' situations are unique and we treat them as such.
How Will Cattie & Gonzalez Help the Victims of Camp Lejeune?
Cattie & Gonzalez’s role is not to represent the victim on the underlying claim. If a victim seeks representation for that purpose, we are happy to provide a referral.
Instead, Cattie & Gonzalez will help victims resolve liens and preserve government benefits post-settlement such as Medicare & Medicaid. Like resolving any other personal injury action, there may be liens to reimburse lienholders who paid a victim’s past medical expenses (date of injury to date of settlement) and there may be a need to protect future healthcare benefits post-settlement for those who wish to have access to Medicare and Medicaid. Failure to address liens and protect future benefits may results in actions such as denial of benefits or reimbursement actions pursued months or years after the case is resolved. Cattie & Gonzalez can also be put on retainer to answer any questions victims might have about future Medicare and Medicaid benefits once their case has been resolved.
