Camp Lejeune Cancer Lawsuit Update. I am writing this blog to provide the readers with an update on the ongoing Camp Lejeune litigation.
Camp Lejeune water contamination linked to Cancer, Leukemia, and Lymphoma Death and Injury
Camp Lejeune Cancer Lawsuit Update
The Camp Lejeune water contamination lawsuits have seen significant developments recently. In this latest update of April 2024, the lawsuit litigation process is picking up and progressing with over 1,662 lawsuits filed and more than 176,662 administrative claims submitted to the Department of the Navy for the fast track settlement process. According to Navy sources only a total of $5.95 million in settlement payments has been distributed to some of the injury victims.
Camp Lejeune Lawsuit Trial Tracks
The trials have been organized into different tracks based on the types of illnesses claimed, with depositions for Track 1 plaintiffs nearing completion and illnesses for Track 2 and 3 identified and prioritized for early resolution. Notably, Track 3 will focus on neurobehavioral effects.
Camp Lejeune Fast Track Option
A significant update is the introduction of an Elective Option (EO) by the Department of the Navy, which provides set compensation amounts based on the type and duration of injury without the need for extensive documentation. This was intended to speed up the settlement process, but there has been criticism about the low compensation offered under this option.
The Elective Option under the Camp Lejeune Justice Act is a streamlined settlement process designed for specific injury cases linked to water contamination at Camp Lejeune. It offers a faster resolution and set compensation amounts based on the type and severity of illnesses classified under two main tiers:
Tier 1 Injuries
These are considered more directly linked to the water contamination and include:
- Kidney Cancer
- Liver Cancer
- Non-Hodgkin’s Lymphoma
- Leukemias
- Bladder Cancer
Compensation for Tier 1 injuries ranges from $150,000 to $450,000, depending on the duration of exposure at Camp Lejeune. An additional $100,000 is provided in cases of wrongful death.
Tier 2 Injuries
These are also linked to the contamination but considered less direct than Tier 1 and include:
- Multiple Myeloma
- Parkinson’s Disease
- Kidney Disease (End-Stage Renal Disease)
- Systemic Sclerosis (Systemic Scleroderma)
For Tier 2 injuries, compensation ranges from $100,000 to $400,000, with an additional $100,000 for wrongful death cases.
The Elective Option aims to resolve claims more quickly by focusing on the type of injury and the duration of exposure. This process allows for quicker validation and settlement offers, providing claimants with similar exposures and injuries with similar evidence of causation the same compensation amount. This framework is designed to handle claims equitably and transparently, ensuring that those affected receive compensation without the extended process of traditional litigation.
It’s important to note that accepting an Elective Option payout may preclude further legal action, and it only allows compensation for one illness even if multiple conditions are diagnosed.
Camp Lejeune Bench Trials
Many lawsuits involving Camp Lejeune diseases and illnesses are still moving forward through the U.S. court system, where all claims are currently pending before four judges in the U.S. District Court for the Eastern District of North Carolina. There has been a ruling that the upcoming trials will be bench trials, meaning they will be decided by a judge rather than a jury, which has been challenged by the plaintiffs.
A bench trial, where a judge rather than a jury decides the case, has several pros and cons:
Pros:
- Speed and Efficiency: Bench trials typically proceed faster than jury trials. There are no jury selections or instructions, and the judge can make decisions quickly, leading to a shorter trial overall.
- Expertise of the Judge: Judges are legal experts with a deep understanding of the law, which can be particularly beneficial in complex cases where legal intricacies play a significant role.
- Less Emotional Bias: Judges are trained to be impartial and to base their decisions strictly on the evidence and law, reducing the impact of emotional appeals that might sway a jury.
Cons:
- No Jury to Sympathize: Having a jury means having peers who might empathize with a plaintiff’s personal experience or situation, which can be advantageous in cases where emotional impact is significant.
- Potential for Legal Overemphasis: While a judge’s legal expertise is beneficial, it can also lead to an overemphasis on legal precedent over the specifics of the case, possibly overlooking unique aspects of the evidence.
- Less Predictability: Judges’ rulings can be less predictable than a jury’s decision because they are based on individual interpretation of law rather than a collective feeling or societal standards.
Camp Lejeune Litigation Tracks
In the Camp Lejeune water contamination litigation, the cases have been organized into different tracks to manage and streamline the resolution of the numerous claims.
Track 1 Plaintiffs
In October 2023, the Court established a first track of Camp Lejeune bellwether lawsuits, and lawyers have selected 100 cases that are currently going through discovery. Track 1 includes individuals diagnosed with specific diseases believed to be strongly linked to the toxic water exposure at Camp Lejeune. These diseases include:
- Parkinson’s Disease
- Kidney Cancer
- Bladder Cancer
- Leukemia
- Non-Hodgkin’s Lymphoma
These plaintiffs are part of the bellwether trials, which serve as test cases to help both sides gauge the reaction of the court to the evidence and arguments, potentially leading to settlements in other similar cases.
Track 2 Illnesses
Track 2 focuses on a different set of illnesses, which includes:
- Breast cancer
- Kidney disease
- Liver cancer
- Lung cancer
- Prostate cancer
These illnesses have been selected for early trials to facilitate resolutions, particularly due to their prevalence and significant evidence linking them to the contaminated water.
Track 3 Illnesses
The first illness announced for Track 3 trials is neurobehavioral effects, which encompass a range of symptoms like concentration and memory issues, fatigue, hearing loss, muscle weakness, seizures, sensory disturbance, and visual impairment. Additional illnesses for this track are still being proposed and not yet finalized.
These tracks are part of the legal strategy to handle the multitude of claims efficiently and to address the most common and severe cases early in the process. The outcomes of these early “bellwether” cases are critical as they will set precedents and potentially lead to broader settlement negotiations for the remaining cases.
Camp Lejeune Statute of Limitations Rapidly Approaching
Victims of the contamination are still encouraged to file claims, as the deadline for doing so has not yet passed . The situation continues to evolve, with ongoing discussions about potential global settlements to resolve all pending claims more swiftly.
The deadline to file a claim under the Camp Lejeune Justice Act is August 10, 2024. This deadline applies to federal tort claims for those exposed to contaminated water at Camp Lejeune between August 1, 1953, and December 31, 1987. If you believe you or a family member were affected, it’s crucial to file your claim by this date to pursue potential damages resulting from this exposure.
Dr. Shezad Malik Law Firm Investigating Camp Lejeune Injury and Death Cases Nationwide
Did you or a loved one experience injuries after service at Camp Lejeune? Dr. Shezad Malik law firm based in Dallas, Texas is now reviewing cancer injuries and wrongful death claims from Camp Lejeune nationwide. Please call 214-390-3189 or email us for further information.