How to File a Camp LeJeune Lawsuit in Texas

Filing Camp Lejeune lawsuits in Texas, or any state for that matter, involves a legal process that requires careful consideration and adherence to specific legal procedures. The Camp Lejeune water contamination lawsuit typically falls under personal injury or wrongful death claims due to the adverse health effects caused by exposure to contaminated water. Here’s a general overview of the steps involved in filing such lawsuits in Texas.

Consultation with an Attorney

The first and crucial step is to consult with an experienced attorney who specializes in personal injury or toxic tort cases. Look for lawyers who have experience with environmental contamination cases or military-related issues.

Evaluate Eligibility

Your attorney will evaluate your eligibility for filing a Camp Lejeune lawsuit. Eligibility criteria typically involve proving exposure to contaminated water at Camp Lejeune and establishing a link between that exposure and any resulting health issues.

Statute of Limitations

Understand the statute of limitations for personal injury claims in Texas. The statute of limitations determines the time frame within which you must file your lawsuit after discovering the harm. In Texas, this time frame can vary depending on the nature of your claim, so consult your attorney for specifics.

Since this litigation was given the green light legislatively in 2022, and only allowed a new 2 years statute of limitations, the claimant must file their Camp Lejeune lawsuit by August 10, 2024. The Act also states that if your original claim for compensation was denied, you have 180 days from the Act’s passing to take legal action. So time is of the essence, and the deadline is crucial, if you miss the deadline, you may never be able to pursue a Camp Lejeune water contamination claim. The Camp Lejeune Justice Act of 2022 was signed on August 10, 2022.

Gathering Evidence

Your attorney will help you gather evidence to support your claim. This may include medical records, military service records, documentation of exposure, and expert testimony linking the exposure to your health issues.

Filing the Administrative Claim

The claims process begins with the filing of the Camp Lejeune Justice Act (CLJA) Claims Form. A claimant seeking a recovery must first file an administrative claim to the Department of the Navy. The Department of the Navy then has six months to review the administrative claim. Only if there is no response or offer of settlement, then the claimant moves to the next stage.

Filing the Lawsuit

Your attorney will draft and file a complaint in the federal court in the district of North Carolina court, Eastern Division, (see information on MDL consolidation below) outlining the details of your case, the parties involved, and the damages you are seeking.

Notification and Response

Once the lawsuit is filed, the defendants (often government agencies or responsible parties) will be notified, and they will respond to the lawsuit, either by admitting liability, denying liability, or seeking to have the case dismissed.

Discovery

Both parties engage in a discovery process, during which they exchange information and evidence related to the case. This may involve depositions, interrogatories, and requests for documents.

Negotiation or Trial

Depending on the progress of the case and any settlement offers, negotiations may occur. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

Resolution

The lawsuit will either result in a settlement or a court verdict. If you win your case, you may be awarded compensation for medical expenses, pain and suffering, and other damages.

Appeal (if necessary)

If either party is dissatisfied with the court’s decision, they may appeal the case to a higher court.

It’s important to consult with an attorney experienced in this specific area of law because Camp Lejeune water contamination lawsuits can be complex and may involve federal and state laws, as well as considerations related to military service. An attorney can guide you through the process and help you understand your legal rights and options.

Camp LeJeune Water Contamination Background

Camp Lejeune, a U.S. Marine Corps base in North Carolina, experienced widespread water contamination from the 1950s through the 1980s. This contamination was caused by various toxic chemicals, including volatile organic compounds (VOCs) and perchloroethylene (PCE), seeping into the base’s drinking water supply.

Lawsuits and MDL

Numerous individuals and their families who were affected by the water contamination filed lawsuits against the U.S. government, specifically the Department of Defense and the Marine Corps, alleging that their exposure to contaminated water led to various health problems, including cancers and other serious illnesses.

Due to the large number of lawsuits with similar allegations, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized many of these cases into a single federal court to streamline the legal process. The MDL was created in the U.S. District Court for the Eastern District of North Carolina to handle these claims more efficiently. All Camp LeJeune claims nationwide are funneled into the MDL court in North Carolina, irrespective of where the plaintiff currently resides.

Purposes of MDL

The MDL serves several purposes, including streamlining pre-trial proceedings, such as discovery, motions, and case management. The MDL consolidation ensures that similar cases are handled consistently and that rulings are uniform. The MDL allows the court to develop expertise in complex and recurring legal issues related to the Camp Lejeune water contamination.

Camp LeJeune Fast Track Elective Option

The Navy and Justice Department announced a new settlement offer in September 2023 to the thousands of people who claim they developed deadly diseases from exposure to contaminated water decades ago at Camp Lejeune in North Carolina.

More than 93,000 people have filed claims under the Camp Lejeune Justice Act, which allows people to seek a payout for injuries caused by exposure to toxic water at the Marine Corps Base from 1953 through 1987. However, most of the claims are still pending as the Navy has been bogged down and cannot process the tsunami of claims.

The new offer, called the Elective Option, (EO) allows qualifying people to receive a certain payout faster than having to fight the government in court for several months or even years with no guarantee of success. The Camp LeJeune water contamination has been fought hard by the plaintiffs for many years and in fact, had been dismissed by the U.S. Supreme Court in 2014. Only the bipartisan passage of the Camp Lejeune Justice Act of 2022, revived the lawsuits and allowed settlements to proceed.

The EO allows the Department of the Navy to focus its review on a few key aspects of the claim, such as the type of injury alleged and the amount of time the claimant worked or resided at Camp Lejeune. Narrowing the scope of the Department of the Navy’s review will allow it to validate claims and extend settlement offers more quickly.

EO Settlement Grid

The EO applies a two-by-three “Elective Option Grid.” The EO includes illnesses or conditions that the Agency for Toxic Substance and Disease Registry (“ATSDR”) identified as having evidence at an “equipoise and above” level or higher for a causal link to one or more contaminants detected in the Camp Lejeune water.

There are two categories of Qualifying Injuries. Where the ATSDR has identified evidence at the “equipoise and above” level, the group of Qualifying Injuries is referred to as “Tier 2.”

Where the ATSDR has identified additional evidence of causation and reported that the Qualifying Injuries have “sufficient” evidence of a causal link to one or more contaminants detected in Camp Lejeune water, the group of Qualifying Injuries is referred to as “Tier 1.”

There are also three categories of Duration of Exposure: (1) exposures between 30 and 364 days; (2) exposures between 1 and 5 years; and (3) exposures longer than 5 years.

EO Tier 1 and Tier 2 Injuries

Qualifying Injuries are divided into two “Tiers,” as listed below.

Tier 1

Kidney Cancer
Liver Cancer
Non-Hodgkin Lymphoma
Leukemias
Bladder Cancer

Tier 2

Multiple Myeloma
Parkinson’s Disease
Kidney Disease / End-Stage Renal Disease
Systemic Sclerosis / Systemic Scleroderma

Final Thoughts on the Progress and Outcomes

The Camp Lejeune MDL has seen various stages, including preliminary motions and settlements. Some cases have been settled individually or through alternative dispute-resolution processes. The MDL also played a role in raising awareness of the contamination and its impact on military personnel and their families.