This page provides the most recent updates on the new Camp Lejeune litigation. Our lawyers also speculate about potential individual per-person settlement payouts for a Camp Lejeune lawsuit. These cases are ultimately about compensation for victims, so our attorneys predict the range of settlement payouts you can expect for your contaminated water claim.
Our law firm is not taking new Camp Lejeune lawsuits. But we have been in this from the beginning and want to keep you posted on what we know, given the absence of real information online (particularly now with lawyers no longer looking for new cases).
Camp Lejeune Lawsuit Updates
Let’s start by providing you with the latest news and updates on the Camp Lejeune litigation. Our lawyers are to providing victims with the latest information in this litigation.
November 22, 2024 – Expert Witnesses
We are getting into the expert witness phase of discovery. The judges signed off on a stipulated order governing expert discovery in the litigation. This order outlines the procedures and limitations for expert disclosures and depositions, designed to streamline the complex litigation process.
There is nothing outside-the-box in this—very garden variety. Key provisions include:
- Expert Disclosures: Retained testifying experts must provide written reports in compliance with Rule 26(a)(2)(B). Supporting materials, such as reliance files, must be disclosed within seven days of serving the report. However, certain communications and draft reports are protected from disclosure to preserve attorney-client privilege and work product protections.
- Protected and Required Materials: Communications between experts and lawyers are generally shielded from discovery, except for specific circumstances (this is not always the case). Facts, data, and publications considered by the expert must be disclosed unless they are otherwise accessible.
- Expert Deposition Length: Depositions are to be conducted after all relevant expert reports have been disclosed. Each deposition is limited to seven hours unless agreed otherwise or extended by court order.
- Supplementation: Parties are obligated to update disclosures as necessary, ensuring compliance with Federal Rules of Civil Procedure.
November 14, 2024 – Trial Plan for Leukemia and Non-Hodgkin’s Lymphoma Claims
Lawyers have jointly proposed trying cases related to leukemia and non-Hodgkin’s lymphoma under a single judge and dividing these cases into subgroups for trial purposes.
November 13, 2024 – Getting Closer to Trial Ready
The cases are getting closer to being ready for trial. Plaintiffs’ lawyers are concluding final depositions of three key fact-witnesses: Frank Bove, an epidemiologist involved in studying Camp Lejeune’s toxic exposure impact, Susan Martel, associated with relevant research at the National Academy of Sciences; and Scott Williams, the Environmental Programs Manager for Marine Corps Installations East, overseeing environmental initiatives at Camp Lejeune.
October 25, 2024 – 100,000 Duplicate Claims
The government says that 100,000 of the 550,000 claims are duplicates filed by multiple lawyers. Our belief has always been that the actual number is probably around 200,000 of truly viable claims.
September 25, 2024 – Status Hearing
On September 24, 2024, Magistrate Judge Jones, Jr. held a status conference in Wilmington, NC. The court addressed discovery issues raised by both sides and scheduled the next hearing for October 22, 2024.
There are not many Camp Lejeune news and updates because the focus of the litigation is getting ready for individual trials and trying to hammer out a settlement. The developments in individual trials are not particularly newsworthy, and all settlement talks are very hush-hush at this point.
September 4, 2024 – Modify Path for Settlement Masters
Unless there is a serious objection, the court is planning to update Case Management Order No. 14 to make settlement processes more efficient. These changes include allowing Settlement Masters to use their own technology rather than equipment supplied by the DOJ. This adjustment removes previous technology restrictions that concerned the DOJ and makes it easier to manage data security.
These judges want to do what they can to block any impediments in the road to a settlement to resolve some or all of these claims.
August 30, 2024: New Ruling
August 20, 2024: Final Numbers
There are 546,500 administrative claims filed. When we said “over 400,000,” we guessed low.
We think the number of viable, compensable claims is more like 150,000. But that is just a guess, we will see when the government is able to get rid of the duplicates and tell us how many of these have a verifiable injury that could be related to Camp Lejeune.
August 17, 2024: Final Case Count
The final case count for the number of administrative claims will come out next week. The number is likely to be over 400,000. Our take is that more than half of these claims are duplicate claims and for injuries that ultimately will not be compensable. It will also be interesting to get final tallies on how many filed claims are Track 1 or Track 2 claims.
August 9, 2024: No More Settlement Updates in Status Conferences
The court, on its own initiative (sua sponte), is addressing future status conferences for the Camp Lejeune Water Litigation. Regular status conferences have included updates on settlement efforts, but with the appointment of Settlement Masters and a Settlement Liaison, these updates are no longer needed. The court has found the parties’ stipulations insufficient and has set a pretrial schedule for expert discovery and briefing on Track 1 issues.
The court also wants a detailed discussion on the order of proof for CLJA bench trials, with a progress report due by August 20, 2024. The next status conference is scheduled for August 27, 2024.
August 8, 2024: Schedule Set for Next Phase of Discovery in Track 1 Cases
With fact discovery ending next week, a schedule for the expert discovery phase has been set in the Track 1 Trial cases. Plaintiffs will disclose their experts on toxic chemical exposure within 75 days. The United States will disclose its experts 45 days later, followed by plaintiffs providing rebuttal experts 21 days after that.
Similar timelines have been set for general causation, specific causation, and damages. Expert discovery for each phase must be completed within 45 days of the disclosures, and Daubert motions and motions for summary judgment must be filed within 30 days of completing expert discovery. Parties will have 21 days to oppose these motions and 14 days to file replies.
August 7, 2024: Deadline to File Camp Lejeune Claims Is Now Expired
The deadline to filed Camp Lejeune toxic water claims under the CLJA has now expired. Our firm is no longer accepting new Camp Lejeune cases.
August 5, 2024: New Protective Order
The directive underscores the protocols for how such information can be disclosed and utilized during the litigation, ensuring it is strictly for the purpose of the ongoing case. It elaborates on the mechanisms for designating documents as confidential, the processes for addressing inadvertent breaches of confidentiality, and the procedures for the secure disposal or return of confidential documents after the case concludes.
Key to this order is the emphasis on maintaining the integrity and confidentiality of sensitive data, with comprehensive guidelines on how to handle disclosures to unauthorized parties and the requisite actions to mitigate any potential fallout from such disclosures. The order also specifies the responsibilities of parties in case confidential information is subpoenaed, ensuring that proper notifications are made before any disclosures occur.
The order will continue to govern the use and disclosure of confidential information, maintaining its protections beyond the duration of the trial.
August 2, 2024 – The End and the Beginning
We are finished accepting new Camp Lejeune claims with the deadline so close. If an amazing case comes in, we might try to push it through. But otherwise, we are done, and we are on to the next phase of this: getting these cases settled and victims getting long overdue justice and compensation.
July 30, 2024 – Parties Ordered to Keep Settlement Talks Confidential
A Magistrate Judge issued an order yesterday preventing both side of the Camp Lejeune litigation from making public statements or disclosures regarding the ongoing global settlement negotiations. The court’s order specifically restricts the parties from discussing the progress of the settlement talks in their monthly status reports, which are filed and publicly accessible on PACER. We can only hope that this indicates meaningful progress in the settlement discussions.
July 15, 2024 – New Camp Lejeune Settlement Masters
Two big law firm lawyers, Jenner & Block chair Thomas Perrelli and DLA Piper partner Christopher Oprison, have been appointed as special masters to get the Camp Lejeune lawsuits settled.
The settlement process so far with this Elective Option has been frustrating for everyone, even problem the DOJ who hoped it would be more successful.
You don’t usually associate big firm lawyer with going to bat for the little guy. But there were picked by lawyers on both sides. Oprison is a former Marine Corps captain which makes him seem to be particularly appealing.
July 10, 2024 – New Data on Settlement Payouts Released
The government’s early elective settlement program has not done much to reduce the volume of Camp Lejune cases in litigation. Out of the 1,800 pending CLJA cases, only 93 have received offers under the early settlement program and just 37 of these offers have been accepted. The plaintiffs’ lawyers are pushing for the appointment of a settlement master in the hopes of improving what has been a slow process. Meanwhile, 111 plaintiffs and claimants have accepted settlements outside the early elective program and $20,000,000 has already been paid out on those.
June 25, 2024 – Victims Privacy Concerns Addressed
The lawyers in this litigation – including the government’s lawyers – understand the privacy is a concern for victims bringing claims.
A protective order has been agreed upon to manage the handling of certain electronically stored information (ESI) and documents. This Amended Stipulated Protective Order, detailed in proposed Case Management Order No. 13, applies to all cases under the Camp Lejeune Justice Act of 2022.
The order outlines that sensitive, non-classified confidential information subject to discovery may include trade secrets, personal financial or medical information, and data protected under various federal statutes like HIPAA and the Privacy Act. The information designated as “Confidential” must be treated with strict confidentiality, ensuring it is only disclosed to authorized persons involved in the litigation process and used solely for litigation purposes.
The order further stipulates procedures for designating and challenging confidential information, outlining responsibilities lawyers producing and receiving this private information.
For example, documents deemed confidential must be clearly labeled, and any disputes regarding these designations are to be resolved through specified channels, including potential court intervention.
The judges will almost certainly rubber stamp this proposal.
June 18, 2024 – Plaintiffs’ Bellwether Case Selections
The Plaintiffs’ attorneys named the cases they want to move forward for trial yesterday:
For Bladder Cancer, Kidney Cancer, and Leukemia:
- Criswell v. USA, Case No. 7:23-cv-01482-BO-BM
- Dyer v. USA, Case No. 7:23-cv-00357-D-RJ
- Cagiano v. USA, Case No. 7:23-cv-00569-BO-RN
- Mousser v. USA, Case No. 7:23-cv-00667-D-RN
- Howard v. USA, Case No. 7:23-cv-00490-FL
- Fancher v. USA, Case No. 7:23-cv-00275-M-BM
- Gleesing v. USA, Case No. 7:23-cv-01486-FL
- Connard v. USA, Case No. 7:23-cv-01557-M-RN
- Hill v. USA, Case No. 7:23-cv-00028-M-KS
For Non-Hodgkin’s Lymphoma and Parkinson’s Disease:
- Carter v. USA, Case No. 7:23-cv-01565-M-KS
- Kidd v. USA, Case No. 7:23-cv-01489-FL
- Davis v. USA, Case No. 7:23-cv-00043-BO-BM
- Peterson v. USA, Case No. 7:23-cv-01576-M-RJ
- McElhiney v. USA, Case No. 7:23-cv-01368-BO-RJ
- Rothchild v. USA, Case No. 7:23-cv-00858-D-KS
Pre-trial discovery will intensify in these cases and come to a halt for all other claims.
June 13, 2024 – Agreement on Some Motions
- Plaintiffs’ Leadership Group’s Motion to Compel Document Production in Response to First Set of Request for Production
- United States’ Cross-Motion for Protective Order
- Plaintiffs’ Motion to Reconsider Order Denying Plaintiffs’ Motion to Compel Production of Certain Digitized Muster Rolls
- Plaintiffs’ Motion to Reconsider Order Granting in Part and Denying in Part Plaintiffs’ Motion to Compel Production of ATSDR Water Modeling Project File in Native Format
June 12, 2024 – When Will Lejeune Lawsuits Settle?
It is hard to say when these lawsuits will finally settle. But the history or mass tort litigation suggests that if a defendant is trying to avoid the news of a settlement leading to more filed claims, it is better to wait until after the statute of limitations has passed. With the August 10 deadline looming, it is hard to imagine a scenario where the government makes a global or even semi-global settlement offer to resolve these claims before that datel
June 11, 2024 – Time to Roll on Camp Lejeune Wrongful Death Lawsuits
It is taking longer to open an estate than many lawyers expected. We now have a filing deadline in less than two months. If you have a Camp Lejeune wrongful death claim, this is the moment to pick up the phone and call a lawyer. Our firm is not far from cutting off new wrongful death cases.
June 10, 2024 – Picking Cases For Trial
Today, the North Carolina judges approved a joint motion by the plaintiffs’ attorneys and the government regarding the selection protocol for Track 1 Trial Plaintiffs in a case involving illnesses allegedly caused by contaminated water at Camp Lejeune. The court has ordered that plaintiffs alleging one or more of five specific illnesses—kidney cancer, bladder cancer, leukemia, Non-Hodgkin’s Lymphoma, or Parkinson’s Disease—will be selected from the Track 1 Discovery Pool Plaintiffs. These plaintiffs who will be first in line for trial must waive their rights to claim any other illnesses or injuries caused by the water at Camp Lejeune.
Within five days of today, the PLG must propose three plaintiffs for each illness to proceed to trial. Subsequently, the defendant will select two plaintiffs for each illness, and these selections will proceed once necessary waivers are obtained. The finalized list of plaintiffs will be designated as “Track 1 Trial Plaintiffs.”
Fact discovery, including general discovery for the Track 1 Trial Plaintiffs, must conclude 45 days after all necessary waivers are secured. The deadlines for expert discovery will be stayed until a trial order is issued, establishing the sequence of trials. Once this order is in place, the expert discovery period will begin, with each side disclosing their expert witnesses within specified timeframes.
All discovery and deadlines for plaintiffs not selected as Track 1 Trial Plaintiffs will be stayed upon the court’s entry of the Trial Order. This gives all the Camp Lejeune attorneys involved in these bellwether trials a chance to focus exclusively on the lawsuits that will be tried first.
- More Camp Lejeune Legislation News: We have been updating these cases from the beginning. Get all the updates for the entire history of the path to the Camp Lejeune Justice Act of 2022.
Contaminated Water Supply at Camp Lejeune Base
Camp Lejeune is a sprawling Marine Corps military base and operational training facility that has been used since 1942. The base, which several satellite facilities service, occupies a total area of 250 square miles in Onslow County, North Carolina.
Camp Lejeune is the traditional home base of many resident Marine Corps commands, including the II Marine Expeditionary Force. It has been used for military training operations by various branches of the armed forces.
In the 1980s, the Marine Corps tested the two primary water treatment facilities supplying water to Camp Lejeune. This testing revealed that Camp Lejeune’s water supply contained high levels of chemicals that are known to be toxic and linked to cancer.
The Marine Corps testing also determined that the water supply to Camp Lejeune had been contaminated with toxic chemicals since the 1950s. The full-time range of the Camp Lejeune water contamination (in both treatment facilities) is from 1953 to 1987. During those 30 years, 750,000 people were exposed to contaminated water.
What Chemicals Were Found in the Water at Camp Lejeune?
The water supply at Camp Lejeune from the 1950s to the 1980s was contaminated with two specific chemicals: Perchloroethylene (PCE) and Trichloroethylene (TCE). These chemicals were found at extremely high levels in two water treatment plants servicing the base, the Hadnot Point treatment plant and the Tarawa Terrace water plant.
The TCE contamination occurred mainly in the Hadnot Point water treatment facility. TCE is an odorless, colorless liquid chemical used for industrial purposes. For decades, TCE was commonly used by the U.S. military as a solvent and degreaser for cleaning large metal weapons and equipment. TCE is also used to make refrigerants.
The EPA’s maximum safe level of TCE in drinking water is five parts per billion (ppb). The water from the Hadnot Point plant was found to contain TCE levels as high as 1,400 ppb. The TCE contamination at the Hadnot Point plant occurred from 1953 to 1985.
The PCE contamination was found in the Tarawa Terrance water treatment plant at Camp Lejeune. PCE is a clear liquid with a mild odor primarily used as a fabric solvent in the commercial dry-cleaning industry. The contamination at the Tarawa plant was traced to ABC One-Hour Cleaners, a nearby dry-cleaning business.
The EPA has set the maximum safe level for PCE for drinking water at five ppb. The water from the Tarawa treatment plant going to Camp Lejeune contained PCE levels as high as 215 ppb, 43 times the maximum safe limit. It was eventually determined that the PCE contamination at the Tarawa plant existed for most of Camp Lejeune’s history.
But shutting down the wells did not change anything for the million people exposed to this unbelievably contaminated water. The government did a study in 2013 on the water at Camp Lejeune. It found PCE, TCE, vinyl chloride, and benzene levels that were among the highest ever recorded in drinking water in American history.
Studies Link Contaminants in Camp Lejeune Water to Cancer
The chemicals in the Camp Lejeune water supply for four decades are well-known to be highly harmful to the human body. They have been associated with cert types of cancer, neurologic disorders, and birth defects.
Medical studies and research has established that prolonged exposure to TCE and PCE is associated with higher rates of certain cancers. The cancers that have been linked to TCE and PCE exposure in drinking water at Camp Lejeune include:
Since the discovery of the water contamination at Camp Lejeune, many scientific studies have assessed the health impact of water contamination on Camp Lejeune residents and employees. All these studies conclude that exposure to contaminated water at Camp Lejeune significantly increased mortality risk from cancers and other chronic diseases.
One of the first major Camp Lejeune water studies lead by CDC scientist Frank Bove and published in 2014 in the journal Environmental Health. The Bove Stud, a retrospective cohort study, looked at the mortality data for military personnel stationed at Camp Lejeune from 1975 to 1985. This data set was compared to the same mortality data for personnel stationed at another military base where the water was not contaminated (Camp Pendleton, CA).
The Bove Study found that Marines at Camp Lejeune had elevated risks for several causes of death, including kidney, liver, esophageal, and cervical cancer. Camp Lejeune residents also had higher rates of multiple myeloma, Hodgkin’s lymphoma, and Lou Gehrig’s disease.
The Agency for Toxic Substances and Disease Registry (ATSDR), part of the CDC, has been conducting comprehensive studies on the health risks of water contamination at Camp Lejeune for several decades. Many ATSDR studies show clear evidence that water contamination causes higher cancer and death rates.
What are the most common cancers diagnosed from Camp Lejeune? Breast cancer, bladder cancer, multiple myeloma, and renal cancer.
Camp Lejeune Water Contamination Caused Other Injuries
Other health conditions, such as aplastic anemia (and other myelodysplastic syndromes) and neurologic disorders, have also been linked to exposure to PCE and TCE. Other injuries include:
- ALS (Lou Gehrig’s Disease)
- Birth Defects and Injuries
- Brain Damage
- Cardiac Defect
- Epilepsy
- Fatty Liver Disease
- Hepatic Steatosis
- Immune disorders
- Infertility
- Miscarriage
- Myelodysplastic syndromes
- Neurobehavioral Effects
- Parkinson’s Disease
- Plastic anemia (and other bone marrow conditions)
- Renal Toxicity
- Scleroderma
Study Links Camp Lejeune Water Contamination to Birth Defects
To this day, Camp Lejeune is an essential military base that defends our country. It is a vast and vibrant Marine Corps base that uses fuel, electrical transformers, machine shops, pesticides, fire training, dry cleaning, trash removal, utility maintenance services, construction, mechanical support maintenance services, chemical treatment operations… the list goes on and on.
Over 20 years, the failure to properly maintain a safe water supply at Camp Lejeune resulted in water contamination with high levels of TCE, PCE, and other chemicals. Thousands of pregnant women lived, worked on the base, and drank water. The result will be a large number of Camp Lejeune birth defect lawsuits.
One key piece of research that will be relied on in a Camp Lejeune lawsuit will be studied by the Agency for Toxic Substances and Disease Registry (ATSDR). These scientific studies concluded that maternal exposure to contaminated water a Camp Lejeune resulted in a significantly higher rate of neural tube congenital disabilities such as spina bifida.
The ATSDR study looked at birth defect rates for women who resided at Camp Lejeune at some point during pregnancy and had children born between 1968 and 1985. The study showed a clear link between gestational exposure to PCE and TCE in the Camp Lejeune water and neural tube congenital disabilities (“NTD”).
Children exposed to the contaminated Camp Lejeune water during the first trimester of pregnancy displayed NTD birth defect rates nearly five times higher than usual. Five times. That is a stunning and tragic number of babies enduring permanent and avoidable injuries.
Military Ignored and Concealed the Water Contamination at Camp Lejeune
A growing body of evidence reveals that the U.S. Marine Corps was aware of severe water contamination at Camp Lejeune for years, initially disregarding warnings and later actively covering up the issue. Contamination was first identified in 1980, when new EPA guidelines prompted the military to test the water supply. The U.S. Army Environmental Hygiene Agency’s initial report flagged high levels of chlorinated hydrocarbons, yet no immediate action was taken. In 1982, Grainger Laboratories confirmed that Camp Lejeune’s wells contained dangerous levels of TCE and PCE, chemicals linked to serious health issues. Grainger scientists repeatedly warned Marine Corps officials, even describing the water as “poisoned,” but the Corps resisted intervention.
Despite these red flags, the Marine Corps downplayed concerns and submitted a misleading report to the EPA in 1983, asserting no contamination issues. When North Carolina requested testing data, the Corps refused and even reduced Grainger’s water testing frequency. It wasn’t until 1984, after another lab test under the EPA Superfund program exposed high TCE, PCE, and benzene levels, that the Corps began closing contaminated wells. Even then, officials omitted key findings about benzene, a known carcinogen, when notifying North Carolina authorities.
Years later, in 1992, the Marine Corps submitted a report for a federal health review acknowledging TCE and PCE contamination while omitting mention of benzene, despite clear knowledge of its presence. A 2005 investigation by the EPA and DOJ examined the Corps’ handling of the contamination, concluding without criminal charges, though some EPA officials had pushed for obstruction of justice charges. Too bad punitive damages are not in play in this litigation and, with the lack of jury trials, the degree of the government’s negligence will not drive verdicts. But this complex history underscores the military’s prolonged reluctance to address and disclose the full scope of contamination at Camp Lejeune.
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Lower Burden of Proof for a Camp Lejeune Lawsuit
Victims of Camp Lejeune water contamination who are hesitant to bring a claim often fear not being able to prove their claims. But there is a much easier evidentiary burden for proving causation in a Camp Lejeune lawsuit than you would have in a typical case.
To prove causation, the CLJA merely requires claimants to “produce evidence” showing that “a causal relationship is at least as likely as not.” This is referred to as “equipoise” causation, and it will be the first time this standard is applied in a civil case. Why? This is how the law was written to make it easier for veterans to make a claim.
So what will this mean for your case? It should mean that you won’t have to battle quite as hard to prove that your disease is connected to the Camp Lejeune water, even when you may have other risk factors.
You will see how this plays out as this litigation moves forward in 2023. For example, if you were a smoker, it would be challenging to prove that your lung cancer was caused by the water and not the cigarettes. Under equipoise, however, the contaminated water could be “at least as likely” as the cigarettes to be the cause.
Camp Lejeune Water Contamination Lawsuit Settlement Amounts
If the CLJA is passed by Senate and becomes law, it will potentially give thousands of Camp Lejeune victims the right to file a civil lawsuit in federal court in North Carolina. As the bill is currently written, claimants must file their suits within two years after the CLJA is enacted.
This bill aims to ensure victims get fair Camp Lejeune water settlement amounts as compensation. This compensation is for the suffering they have endured from the water contamination at Camp Lejeune. This applies to the water contamination victims and those who lost loved ones and wish to bring a wrongful death lawsuit.
Claimants who file a lawsuit under the CLJA would need to prove that they were exposed to contaminated water at Camp Lejeune between 1953 and 1987 and that they subsequently developed one of the cancer types or other health conditions that have been linked to the water contamination.
Successful claimants who establish these requirements will be entitled to the full range of compensatory damages available in tort cases (past and future medical expenses, pain and suffering, etc.). Any amounts awarded to claimants will be offset by any VA benefit payments they received for the alleged injuries.
Calculating Camp Lejeune Settlement Amounts
There are too many variables for our lawyers to come up with a very accurate estimate for the potential settlement value of Camp Lejeune water contamination cases. But we can make an educated guess by examining the settlement amounts in prior cases involving similar injuries.
In the Camp Lejeune cases, the primary injuries will be Parkinson’s disease, lung cancer, leukemia, liver cancer, kidney cancer, and lymphoma. Based on these last points of comparison, our lawyers think the Camp Lejeune lawsuit cancer cases could have settlement amounts between $175,000 and $350,000. Parkinson’s disease settlements will likely be higher.
The tricky thing here is how to bake in the politics involved in a Camp Lejeune lawsuit. This is harder to read and project because there are few similar class action lawsuits against the government in such a politically charged case. This door swings both ways in terms of impact on settlement amounts.
But, most likely, it pushes settlement compensation higher than lower because of the politics of being on the right side of veterans. Is it hard to spend $30 billion as compensation for injury and wrongful death claims brought by Marine veterans serving our country when we spend $40 billion on Ukrainian Aid Package #7?
Moreover, the legislative intent of Congress is clearly to compensate victims fairly. Is that intent satisfied by paying soldiers and their families who suffered and often died of cancer, Parkinson’s disease, and other similarly awful conditions a $200,000 settlement per person? Our lawyers do not think Congress intended to go through all this trouble to serve victims half a cup of justice.
Camp Lejeune Settlements Are Likely to Go Smoothly (After Some Early Chaos)
The government will not go through the trouble of allowing victims to make a claim, only to fight them tooth and nail. So while there are no certainties in litigation, our lawyers expect a global settlement payout covering most of these Camp Lejeune water contamination lawsuits before a single trial.
Calculating $22 Billion Set Projected Camp Lejeune Settlement Amounts
The Congressional Budget Office – a flawed bureaucracy but still the best governmental agency at projecting cost in the history of the world – has projected $22 billion to settle these cases.
There are two schools of thought on this. One is that the CBO has made meaningful projections based on estimated Camp Lejeune lawsuits they expect to be filed. The other school of thought is that even the CBO cannot project this. It is like trying to project where the stock market will be in 10 years. So the $22 billion is likely a floor that can be raised if more claims come in than hoped.
There Will Be a Range of Camp Lejeune Settlement Amounts
It is also important to understand there may be a range of settlements from over $1 million per person to as little as $25,000. Cancer and Parkinson’s disease Camp Lejeune lawsuits will likely fetch higher settlement amounts. Some other injuries might have smaller water contamination settlement compensation payouts.
At this point, many of you are reading this and feel like our lawyers have yet to tell you anything about the settlement compensation payout you might receive for your case. It is too early to project settlement amounts. But attorneys have opinions on settlement amounts. If you want gun-to-the-head per person Camp Lejeune settlement amount projections, here they are:
Bladder Cancer – $182,500
Brain Cancer – $800,000
Breast Cancer – $250,000
Cervical Cancer – $202,500
Colon Cancer – $150,000
Kidney Cancer – $250,000
Liver Cancer – $370,000
Lung Cancer – $325,000 (non-smoker projection)
Lymphoma – $225,000
Parkinson’s Disease – $775,000 (this is low)
Esophageal Cancer – $300,000 (non-smoker projection)
Ovarian Cancer – $287,500
Leukemia – $250,000
MDS $142,500
Scleroderma $125,000
Anemia $157,500
Wrongful Death $625,000
Infertility $175,000
Birth Defects (Major) $1,125,000
This is the average per person Camp Lejeune water contamination settlement amounts we project. These are LOW settlement compensation estimates. We do not want to set settlement payout expectations through the roof.
There will be wild variation around these averages. So even if our estimates are accurate, there will likely be claims with settlements that easily exceed $1 million for all of these cases. You can also expect settlement payouts that are less than half of this average.
The average jury payout – as opposed to a settlement – in every single one of these cases will likely be in the millions. In February 2024, the judges have ruled that these cases will be heard and decided by a judge, not a jury. This is a bad ruling. But it does not change our attorneys’ opinions that the verdicts in these case will be worth millions.
Is There a Camp Lejeune Class Action Lawsuit?
There is not a Camp Lejeune class action lawsuit. Most lawsuits like this are class action lawsuits. But there will not be a Camp Lejeune class action lawsuit like an MDL.
How Camp Lejeune Wrongful Death Claims Work
There are two kinds of Camp Lejeune lawsuits. The first is for victims with a Camp Lejeune claim for their injuries. The second is a wrongful death and survival action claim for losing a loved one.
Under the new CLJA, civil lawsuits can now be brought on behalf of former employees or residents of Lejeune who are now deceased because of injuries related to the contaminated water. These cases would be brought under North Carolina law because that is where the exposure to the contaminated water occurred so that this section will take a brief look at death claims in North Carolina.
Two types of tort claims can be brought in North Carolina on behalf of a decedent: (a) a wrongful death claim; and (b) a survivorship claim. Both claims are based on statutes.
Camp Lejeune Wrongful Death Actions
Wrongful death claims are based on North Carolina Gen. Stat. § 28A-18-2, which gives the personal representative of the estate standing to bring a lawsuit against anyone who negligently or intentionally caused the decedent’s death. Some states permit any close family member to bring wrongful death claims, and North Carolina only allows the decedent’s estate to bring these claims. The personal representative of the state brings the suit and then distributes any settlement proceeds among the heirs.
Damages for a wrongful death claim in North Carolina can be awarded for (1) medical expenses, (2) pain & mental suffering, (3) the decedent’s lost earnings, (4) loss of the decedent’s services and companionship, and (5) funeral expenses. Punitive damages are unavailable unless the plaintiff shows that the defendant acted maliciously.
Camp Lejeune Survival Actions
In addition to wrongful death, North Carolina also recognizes a separate claim under North Carolina Gen. Stat. § 28A-18-1, known as a survivorship claim. A survival claim is the decedent’s own personal injury claim that they had and which survives their death.
North Carolina survivorship claims can recover for pre-death damages and injuries if they are separate and distinct from the conduct, giving rise to the wrongful death claim. North Carolina only allows survivor claims by the personal representative of the decedent’s estate. You can get a Camp Lejeune settlement without being the PR of the estate. But the lawsuit must be initiated by the estate’s personal representative on behalf of the family members for the death.
Will victims have to open an estate in North Carolina to bring a claim? Camp Lejeune lawyers had a split opinion on that issue and now we are battling with the DOJ over the issue.