CAMP LEJEUNE LITIGATION UPDATE – April 4, 2024
We at The Miller Firm LLC are dedicated to keeping you informed about the latest developments in the Camp Lejeune litigation. Recently, significant updates have unfolded, impacting the claims process and legal proceedings. We want to ensure that all affected individuals are aware of these changes and understand their implications. Here’s what you need to know:
Department of Navy Portal
The Department of Navy has taken a significant step by establishing a claim portal to streamline the administration of claims under the Camp Lejeune Justice Act (CLJA). Starting from March 26, 2024, it is now mandatory to file any claims through the government’s portal.
Why does this matter? This change in the claim submission procedure highlights the critical importance of acting promptly for individuals seeking compensation under the CLJA. If you have already submitted an Administrative Claim’s form to The Miller Firm, LLC there is absolutely no need to resubmit through the government’s portal at this time, as doing so could potentially complicate the processing of your case.
Latest Joint Status Report
On March 26, 2024, the most recent Joint Status Report was filed with the Court. The
report shed light on the challenges faced by both parties in managing the legal process
for trials and settlement agreements.
Key points of note:
- As of March 26, 2024, the latest Joint Status Report filed with the Court indicates that 1,662 suits have been filed under the Camp Lejeune Justice Act, with approximately 176,662 administrative claims submitted.
- However, when considering these numbers, the settlements regarding Camp Lejeune are notably low. At present, in the vast majority of cases in this litigation, plaintiffs must wait to be approached by the defending party before settlement negotiations can commence. Two different branches of the government have been engaged in settlements.
- The Torts Branch identified 51 cases in litigation that qualify for the Elective Option Settlement program. Of these, twenty-one offers have been accepted by plaintiffs, nine offers were rejected, fifteen offers have expired, and six offers are pending.
- The Department of Justice (DOJ) is also settling cases separately from the Torts Branch. It has approved offers for 59 claimants based on information provided by the Navy. Twenty-four settlement offers have been accepted, two rejected, twenty-five expired, and eight offers are pending.
- Despite these efforts, the numbers statistically remain insignificant, leaving victims understandably frustrated by the pace of the process.
Why does this matter? Despite the efforts made in settlements negotiations, the numbers are statistically insignificant, indicating a significant gap between the number of claims and the resolution achieved.
Federal judges’ ruling against the right to jury trials under the Camp Lejeune Justice Act of 2022
Trials are tentatively scheduled to begin in late 2024, however federal judges have recently ruled against the right to jury trials under the Camp Lejeune Justice Act of 2022.
Why does this matter? This decision holds significant implications as it means that individuals affected by the Camp Lejeune contamination cannot have their cases heard by a jury. While this is disappointing news, plaintiffs wanted and fought for jury trials. However, this ruling may likely expedite the settlement process in terms of seeing faster trials and more multiple plaintiff trials, putting additional pressure on the government to find a more global settlement resolution.
Camp Lejeune Latest Cancer Study
The federal government released a new Camp Lejeune cancer study following plaintiffs’ advocacy for transparency. The study revealed a 20% higher cancer risk for certain cancers among military personnel stationed at Camp Lejeune between 1975 and 1985 compared to those at other bases due to contaminated water.
Why does this matter? For those who lived or worked at Camp Lejeune, this study provides crucial evidence of the health risks associated with the contaminated water. It strengthens their claims for compensation and may expand the list of qualifying conditions, including thyroid cancer.
We remain deeply committed to fighting for justice on behalf of all individuals and families affected by the Camp Lejeune water contamination. As these developments unfold, we will continue to provide unwavering support and guidance to our clients and tirelessly advocate for their rights.
CAMP LEJEUNE LITIGATION UPDATE – September 11, 2023
We have significant news to share regarding the Camp Lejeune litigation and the recent developments concerning a settlement program framework that has been announced by the U.S. Navy and the Department of Justice (DOJ). The Miller Firm, LLC has been closely monitoring the situation, and we are committed to providing you with the latest information regarding this important matter.
Tier 1 and Tier 2 Injuries Announced
After substantial pressure from veteran groups, the Court and plaintiff law firms such as The Miller Firm, LLC, the U.S. Navy and the Department of Justice have jointly announced a program that potentially offers settlements for certain injuries linked to exposure to toxic water at Camp Lejeune. This program is a significant step toward justice for those affected by this environmental hazard. However, it’s important to note that this settlement program currently includes only nine (9) diseases or injuries, which are divided into “Tier 1” and “Tier 2.”
Tier 1 Injuries:
- Kidney cancer
- Liver cancer
- Non-Hodgkin’s lymphoma (NHL)
- Leukemia
- Bladder cancer
Tier 2 Injuries:
- Multiple myeloma
- Parkinson’s disease
- Kidney disease/end-stage renal disease
- Systemic sclerosis/systemic scleroderma
We understand that many individuals may have suffered other illnesses they believe are connected to toxic water exposure at Camp Lejeune. Please be assured that our firm is dedicated to representing the interests of those with additional diagnoses. We will continue to file administrative claims and necessary lawsuits to protect your rights. It’s important to note that the Navy and DOJ may announce supplemental programs in the future that could include additional diagnoses.
Eligibility for the Settlement Program
To be eligible for this settlement program, individuals must meet specific criteria:
- They must have had an administrative claim filed with the Navy.
- They must have spent 30 days or more at Camp Lejeune between August 1, 1953, and December 31, 1987.
- They must have received a diagnosis at least two years after their arrival at Camp Lejeune and no more than 35 years after their last day there.
- Proof of presence at Camp Lejeune through military records or other documents is required.
Frequently Asked Questions
1. Are VA disability benefits affected by the settlement?
- No, the settlement will not be offset by VA benefits.
2. Can I use a prior VA disability finding for one of these injuries?
- Yes, you can use it to support your claim.
3. What if I have been diagnosed with more than one injury?
- The Navy considers the settlement on a “per-claimant” basis rather than a “per-injury” basis. If you have been diagnosed with more than one of these injuries, you may only recover for one of them, presumably the higher-tier injury.
Timeline for Compensation
As of now, the Navy has not provided a specific timeline for compensation through this program or confirmed all the documents needed to apply. We are still gathering information on the process. We anticipate that this will be a slow and lengthy process with multiple administrative procedures to be completed before any settlement offer is given. With over 93,000 administrative claims filed, we do not expect the Navy to send out settlement offers or funding anytime soon. Please note that the settlement program itself may be changed or altered over time. Our law firm will be in touch shortly with additional information for clients with injuries covered by this settlement program.
We remain dedicated to keeping our clients informed of developments regarding timeframes and any other pertinent information. The Miller Firm, LLC will continue to fight tirelessly on your behalf and ensure that you receive the justice you deserve.
Thank you for placing your trust in us, and please don’t hesitate to reach out with any questions or concerns. Together, we will navigate this process and work toward achieving a fair resolution for all affected individuals.
Camp Lejeune Water Contamination Lawsuit
The Miller Firm, LLC is currently investigating claims from people with cancer or other health conditions who lived or worked at Camp Lejeune in North Carolina from 1953 to 1987 and were exposed to contaminated water at the U.S. Marine Corps Base Camp.
What is Camp Lejeune?
Marine Corps Base Camp Lejeune is a 246-square mile military training facility near Jacksonville, North Carolina, that also supports the Coast Guard and the Navy.
What happened at Camp Lejeune?
Between 1953 and 1987, the water at Camp Lejeune was contaminated with dangerously toxic levels of chemicals such as trichloroethylene (TCE), tetrachloroethylene (PCE), and other volatile organic compounds (VOCs). The government reportedly knew about this contamination as early as 1982 but did nothing to fix it or warn people living and working on the base. When survivors later tried to bring legal claims, their cases were dismissed.
What are the health effects of Camp Lejeune water contamination?
The contaminants found in the water at Camp Lejeune, have been associated with many illnesses. Some of these include:
- Adult leukemia
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
- Brain cancer
- Cardiac defects
- End-stage renal disease
- Kidney cancer
- Liver cancer
- Miscarriage and birth defects
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinson’s disease
- Scleroderma
Am I eligible for compensation under the Camp Lejeune Justice Act (CLJA)?
Under the newly enacted CLJA, military personnel, their families and civilians who lived or worked at Camp Lejeune for a minimum of 30 days between August 1, 1953, through December 31, 1987, will be entitled to bring a tort suit. The CLJA allows victims to possibly recover substantial compensation. The amount you can recover will vary based on the extent of your injuries. A dishonorable discharge is a disqualifying factor.
How much time do I have to file a Camp Lejeune lawsuit?
The Camp Lejeune Justice Act nullifies the North Carolina statute of repose in Camp Lejeune water contamination cases and replaces it with a statute of limitations of two years from the date the act became law (August 2022). This may be shorter in certain cases, so it is important to contact an attorney as soon as possible to know your rights.
How can our injury attorneys help?
The Miller Firm, LLC has years of experience in product liability lawsuits such as this. Our injury lawyers can examine your case and help you understand your rights. Time is of the essence. Please contact us at (800) 882-2525 so that we may better evaluate your claim.