Earlier this month, the U.S. House of Representatives passed a bill carving out an exception to the general rule that the United States government is not liable for injuries to servicemembers. The Camp Lejeune Justice Act of 2022 allows service members and military families to seek financial compensation for the injuries and illnesses they suffered as a result of contaminated water at Camp Lejeune in North Carolina.

To learn more about government liability in toxic tort cases, click here to review our recent blog post on the topic.

The History Behind Camp Lejeune’s Contaminated Drinking Water

In 1982, the U.S. government discovered dangerous compounds in the groundwater at the Marine Corps Base at Camp Lejeune, North Carolina. Significant scientific and medical evidence has revealed an association between exposure to these contaminants and the development of certain diseases. Officials believe that contamination at this base is one of the most significant water contamination cases in the nation’s history. For example, the Department of Veterans Affairs estimates that nearly 900,000 service members were potentially exposed to contaminated water.

In response to the growing concern about the health effects of the water contamination, the VA established presumptive service connection and cost-free health care for qualifying service members exposed to the contaminants from Camp Lejeune between August 1, 1953, and December 31, 1987. Unfortunately, these benefits often fall short of providing servicemembers and their families with full and fair compensation for what they’ve been. Further, historically, Camp Lejeune water contamination victims were barred from bringing suits against the federal government.

However, the Camp Lejeune Justice Act of 2022 could potentially lift this historical bar, allowing those injured as a result of contaminated water to pursue a claim against the government.

The Camp Lejeune Justice Act of 2022

The Camp Lejeune Justice Act of 2022 is a proposed bill that could allow military families to seek justice for the injuries and damages incurred because of the water contamination at Camp Lejeune. The Camp Lejeune Justice Act of 2022 recently passed the U.S. House of Representatives, where it was first introduced. Next, it will proceed to the U.S. Senate for approval. If the Senate approves the bill, it will then be up to President Biden to sign the bill into law.

The Camp Lejeune Justice Act of 2022 is unique because, typically, the federal government is immune from suits filed by service members in the military context. This came about as a result of the United States Supreme Court opinion in the 1950 case, Feres v. United States, 340 U.S. 135. The bar to recovery does not rely on the military status of the tortfeasor. Rather it prohibits all claims on behalf of servicemembers against the federal government based upon service-related conditions and injuries. The Camp Lejeune Justice Act of 2022 seeks to carve out an exception to the Feres doctrine.

What Harms the Water at Camp Lejeune Water Cause?

For nearly 35 years, Marines and naval personnel, residents, and civilian workers were exposed to harmful chemicals at Camp Lejeune, including vinyl chloride, trichloroethylene (TCE), tetrachloroethylene (perchloroethylene or PCE), dichloroethylene (DCE), benzene, and others. Exposure to these substances increases the risk of serious health problems, including birth defects and certain types of cancers. Some of the conditions that have been linked to the drinking water at Camp Lejeune include:

• Adult leukemia

• Aplastic anemia

• Bladder cancer

• Breast cancer

• Female infertility

• Kidney cancer

• Liver cancer

• Miscarriage

• Multiple myeloma

• Non-Hodgkin’s lymphoma

• Parkinson’s Disease

• Renal toxicity

The seriousness of someone’s exposure depends on a few variables, for example, the age at which they were exposed, the duration of the exposure, and the way in which they were exposed. Pregnant women, young children, and those who consumed the water are at the greatest risk.

What Happens if the Camp Lejeune Justice Act of 2022 Becomes Law?

If the Senate approves the Camp Lejeune Justice Act of 2022 and the President signs it into law, those who were exposed to drinking water at Camp Lejeune will be able to file a claim for damages in the Eastern District of North Carolina against the United States government. However, there are a few limitations on the class of people who can bring a claim. For example, only those who were exposed to Camp Lejeune drinking water for at least 30 days between August 1, 1953 and December 31, 1987, are eligible to bring a claim.

Additionally, you will need to establish a connection between your illness or injuries and the Camp’s contaminated water. In most cases, this will require the testimony of an expert medical witness who can explain to the judge or jury that your condition was caused, at least in part, by your exposure to the contaminated water.

Importantly, the Camp Lejeune Justice Act of 2022 also permits the representative of a person who was exposed to the contaminated water to bring a case on behalf of their loved one. This is most relevant for those who have family members who have since passed away due to the conditions they developed as a result of their exposure. However, there is no requirement that your loved one’s death was a direct result of their exposure. In other words, even if your loved one died from unrelated causes, you could still pursue a claim if they suffered the harmful effects of exposure.

If the Camp Lejeune Justice Act of 2022 becomes law, there will likely be significant litigation over who qualifies and the extent of damages they are entitled to. An experienced toxic tort attorney can assist servicemembers, their family members and their representatives in understanding their rights.