Camp Lejeune Justice Update: Administrative Claims and Legal Proceedings
Administrative Claims and Lawsuits
In a recent joint report released on June 5, 2024 by the government and plaintiffs, significant updates were provided regarding the Camp Lejeune Justice Act administrative claims and lawsuits. These represent military personnel, their families, and other civilians working on base whose health was damaged due to the toxic contaminated water.
As of June 27th, 2024, 232,892 administrative claims have been filed with the Department of the Navy. However, to date, only 93 claims have been deemed eligible for settlements, with a total accepted settlement offer amount of $14.4 million.
In addition to the administrative claims, Camp Lejeune contamination plaintiffs have filed 1,813 individual lawsuits in the Eastern District of North Carolina.
Track 1 Bellwether Trials on the Horizon
To expedite the proceedings, the lawsuits have been organized into tracks based on the diseases alleged by the plaintiffs. The Track 1 cases, which include very serious illnesses such as kidney cancer, bladder cancer, leukemia, non-Hodgkin’s lymphoma, and Parkinson’s Disease, are moving towards the first bellwether trials, or “test” trials.
Plaintiffs involved in these trials will be compensated only for a Track 1 illness, and any illnesses resulting from a Track 1 illness or its treatment. As of June 10, 2024, the judges ordered the plaintiffs to select three individuals for each of the Track 1 illnesses to proceed to trial, with a deadline of June 16th.
In February, the court classified prostate cancer, kidney disease, lung cancer, liver cancer, and breast cancer as Track 2 illnesses. Additional tracks and their corresponding illnesses are expected to be determined soon.
Judges Reject Plaintiffs’ Lower Causation Standard
In a crucial ruling on June 5, 2024, the federal court in the Eastern District of North Carolina decided that plaintiffs must prove that their harm was directly caused by exposure to the contaminated water at Camp Lejeune. This ruling came as a setback for the plaintiffs, who had argued that claimants should use a “looser” and less specific standard of causation.
No Appellate Review of Jury Trial Ban
Another significant development occurred in mid-May, when the judges rejected an appeal for jury trials on behalf of the plaintiffs. The court emphasized the general rule of waiting for the results of the bench trials before allowing appeals.
The journey towards justice for the victims of Camp Lejeune continues to be a challenging one. While the Navy works through an enormous number of administrative claims, the legal battles in the Eastern District of North Carolina are heating up with the upcoming Track 1 bellwether trials. The recent court rulings have set high standards for causation and denied immediate appellate review, shaping the future of these complex and emotionally charged cases. As these proceedings unfold, we here at Herd Law firm hope the affected military personnel and their families find a resolution that acknowledges and compensates for their suffering.
We here at the Herd Law Firm, PLLC, support every man, woman, and child (including civilians) exposed to toxic contaminations like these, and believe you deserve quality and attentive legal representation. We are a Northwest Houston-based law firm, and are proud to be able to aid our veterans and their families in seeking restitution for their injuries at Camp Lejeune. We are honored to be a part of the BMBF law group entrusted by the VFW to handle these claims on behalf of veterans and their families who were stationed at Camp Lejeune. However, the internal deadline for us to make sure your claim is filed in time is July 16, 2024! Contact us at the Herd Law Firm at 713-955-3699 or at Cth, harles.Herd@herdlawfirm.com. We would be pleased to speak with you about the full spectrum of options you have, and help you make an informed choice.
6/28/2024
Read the report here.
