On August 10, 2022, President Joe Biden signed the Camp Lejeune Justice Act into law. It became effective immediately. Anybody who was stationed at, lived at, worked at or visited Camp Lejeune for 30 days or more between August 1, 1953, and December 31, 1987, and was diagnosed with a cancer, illness or other harm that was caused by contaminated Camp Lejeune water is eligible to file a lawsuit against the federal government. Those 30 days are not required to be continuous either. Lawsuits are now being drafted and filed.
Major Contaminants That Were Found in Camp Lejeune Water
In the early 1980s, more than 70 contaminants were found in Camp Lejeune water. Of special concern were the following:
- Trichlorethylene (TCE)
- Tetrachlorethylene/Perchloroethylene (PCE)
- Benzene
- Vinyl chloride
Cancers and Illnesses Linked to Contaminated Camp Lejeune Water
Just a few of the health conditions that have been linked to the above contaminants follow:
- Brain, esophageal, male breast, lung, liver, kidney, prostate, cervical and rectal cancers
- Non-Hodgkin’s lymphoma
- Parkinson’s disease
- Leukemia
- Multiple myeloma
- Neurobehavioral disorders
- Female infertility
- Stillbirths
- Birth defects
- Other cancers and physical illnesses
The Prerequisite to Filing a Camp Lejeune Justice Act Lawsuit
Before a person can proceed on a Camp Lejeune Justice Act lawsuit, the person claiming to be harmed by contaminated water at the base must first file a notice of their claim with the federal government pursuant to the Federal Tort Claims Act. If the claim is denied, the claimant then has 180 days from the date of denial to file their Camp Lejeune Justice Act lawsuit.
Drafting and Filing the Lawsuit
The actual lawsuit that is filed under the subject act is known as the complaint. It must conform with the requirements of the . The parties must be specifically designated, each allegation must be in a separately numbered paragraph and a prayer for relief must be pled. The complaint must then be signed by the person bringing the lawsuit and his or her attorney. A summons is typically issued at the time that the complaint is filed and it must be served on each defendant. As a governmental entity is the defendant, it will have 60 days from the date of service to file its answer to the complaint as opposed to the typical 28 days for private individuals. After filing and serving its answer, what is known as the discovery process occurs when the parties gather and disclose the evidence that they intend to use at the time of trial. This is a lengthy process.
Settlement Conferences
After the discovery process has been closed, one or more settlement conferences will likely be scheduled between the presiding judge and the attorneys for the parties. If the case doesn’t settle, it will be scheduled for trial. Any award rendered pursuant to a trial is a final and appealable order.
Don’t Try to Undertake this Process on Your Own
This description of the Camp Lejeune Justice Act lawsuit process hardly scratches the surface. The process is complicated and highly detailed. Only an experienced, dedicated and aggressive Camp Lejeune Justice Act lawyer should be representing an individual who brings an action under the statute. If you have questions about the process, contact us here at Maison Law to arrange for a free consultation and case evaluation with our Camp Lejeune Justice Act lawyer.
Take notice that you only have until August 10, 2024, to get your Camp Lejeune contaminated water lawsuit on file. Any such cases filed after that date will likely be dismissed. Contact us for that free consultation and case evaluation as soon as you can. Upon being retained to represent you, our objective is going to be to obtain the highest settlement or award that you deserve.
