Written by Summer 2022 M-VETS Student Advisor Olivia Sznaza.
The Camp Lejeune Justice Act of 2022 (“Camp Lejeune Justice Act”) was introduced to Congress in January, 2022 as a component of a broader piece of legislation called the Honoring our PACT Act of 2022 (“PACT Act”).[1] In its entirety, the PACT Act is designed to address a series of legal matters “pertaining to toxic exposures related to military service.”[2] Within that, the Camp Lejeune Justice Act is specifically designed to address toxic exposure to contaminated water at Camp Lejeune in North Carolina.[3] The goal of the Camp Lejeune Justice Act is to provide impacted service members and their families a means of restitution for exposure to the Camp’s harmful drinking water.[4]
Lawmakers have moved rather quickly to usher this legislative package through the voting and approval process. On August 10, 2022, the President signed the PACT Act, inclusive of the Camp Lejeune Justice Act into law.[5] Given the official debut of the Act, this article provides a brief historical backdrop for the Camp Lejeune Justice Act, followed by a guide to staking a claim under its provisions.
HISTORICAL CONTEXT FOR THE CAMP LEJEUNE JUSTICE ACT
In the early 1980s, water testing was conducted on-site at Camp Lejeune’s water treatment plants and distribution systems.[6] This testing revealed water at the Camp, particularly in the Hadnot Point, Tarawa Terrace, and Holcomb Boulevard systems, contained a series of volatile organic compounds (VOCs).[7] VOCs are considered dangerous contaminants and when found in drinking water, the substances can cause cancer and other serious illnesses if ingested or absorbed into the body.[8] Additional testing tracked the presence of VOCs back to subpar waste removal and storage practices as well as chemical dumping by nearby, non-military businesses.[9]
While Camp Lejeune does not currently experience issues with toxic water, an estimated one million people were exposed to these VOCs for several years before and after the water testing was conducted at the base.[10] As more information about the contamination has come to light regarding illnesses and deaths, it has become evident that there is a deeper and growing need to provide a means of recovery from this situation.
MAKING A CLAIM
Question 1: Who is allowed to bring a claim under the Camp Lejeune Justice Act?
Answer: Veterans, their family members, civilian contractors, and estates of the foregoing individuals who:
- Stayed at Camp Lejeune for at least a 30-day period between August 1, 1953, and December 31, 1987; AND
- Can show a relationship between exposure to the toxic water at Camp Lejeune and the harm suffered.[11]
Question 2: How can I establish a relationship between my exposure to the toxic water and the harm I have suffered?
Answer: There is a two-step process to show a relationship between exposure to toxic water at Camp Lejeune and the harm you have suffered.
Step 1: Have one or more verified conditions. While list may continue to grow, the current list of verified conditions is as follows:[12]
| Bladder Cancer |
| Breast Cancer |
| Esophageal Cancer |
| Female Infertility |
| Hepatic Steatosis |
| Kidney Cancer |
| Leukemia |
| Lung Cancer |
| Miscarriage |
| Multiple Myeloma |
| Myelodysplastic Syndromes |
| Neurobehavioral Effects |
| Non-Hodgkin’s Lymphoma |
| Renal Toxicity |
| Scleroderma |
Step 2: Show evidence (i.e., paperwork, records, etc.) that either is:
- Sufficient to show that a causal relationship exists; or
- Sufficient to show that a causal relationship is at least as likely as not.[13]
Question 3: If I meet all of the requirements described in Questions 1 and 2, can I start the process for filing a claim?
Answer: Yes. Since the Camp Lejeune Justice Act was enacted on August 10, 2022 claimants who meet the required criteria may now proceed with making a claim. While a prospective claimant need not file a claim immediately, the Act does has a finite window within which one can raise a claim.[14] The Act stipulates that a claim must be filed within two years of the date of enactment, or within 180 days of the claim being denied under 28 U.S.C. § 2675.[15]
Question 4: What is 28 U.S.C. § 2675 and how to does it factor into my ability to make a claim?
Answer: 28 U.S.C. § 2675 is a law that requires any individual seeking to bring a claim against the U.S. Government to first present a claim to the relevant Federal Agency.[16] From the date of submission to the Federal Agency, the Agency will have six months to make a final determination of your claim. If the individual receives a final denial for his or her claim from the Agency, he or she has 180 days from the denial date to then file a claim in court. [17] As of right now, it appears that an individual will have the full 180 days to file a claim in court even if the two year time period from the date of enactment of the Act has elapsed.[18]
Question 5: Where can I file my claim in court if I receive a final denial from the relevant Federal Agency?
Answer: Court claims can only be filed in the United States District Court (“USDC”) for the Eastern District of North Carolina.[19]
Question 6: What if I previously submitted a claim to the relevant Federal Agency regarding toxic water at Camp Lejeune? Can I use that claim to skip the Agency process and file directly in the USDC for the Eastern District of North Carolina?
Answer: No. Even if you have previously filed a claim pertaining to toxic water at Camp Lejeune, that claim must be refiled to be considered under the Camp Lejeune Justice Act of 2022, and further in the USDC for the Eastern District of North Carolina.[20]
Question 7: Overall, what are the available options for relief?
Answer: Claimants can recover monetary damages for relief.[21] While it also seems to be the case that other applicable damages may be recoverable, punitive damages will not be awarded in any action.[22]
Question 8: Are there limitations to the monetary damages that may be provided to me?
Answer: If an individual is the recipient of any award, payment, or benefit under a below-listed program, monetary damages awarded under the Camp Lejeune Justice Act will be offset.
- Any program administered by the Secretary of Veterans Affairs;
- The Medicare program under title XVIII of the Social Security Act; OR
- The Medicaid program under title XIX of the Social Security Act; AND
- In connection with health care or a disability relating to exposure to the water at Camp Lejeune.[23]
[1] See H.R. 3967 § 804.
[2] See H.R. 3967 § 102-103.
[3] H.R. 6482.
[4] Id.
[5] “A Guide to the Camp Lejeune Justice Act of 2022.” FH+H. August 18, 2022.
[6] “The Timeline of the Camp Lejeune Contaminated Water Lawsuits.” JDSupra. July 11, 2022.
[7] “Camp Lejeune, North Carolina Background.” Agency for Toxic Substances and Disease Registry. January 16, 2014.
[8] “Camp Lejeune Water Contamination – The Science.” Parker Waichman LLP. March 23, 2022.
[9] “New Law Looks to Help Compensate Water Contamination Victims.” ClassAction.org. August 10, 2022.
[10] “Camp Lejeune Water Contamination – The Science.” Parker Waichman LLP. March 23, 2022.
[11] H.R. 6482 § 2(b).
[12] “Our North Carolina Lawyers are Prepared to File a Camp Lejeune Water Contamination Lawsuit on Behalf of the Affected Veterans and Families Now that the Camp Lejeune Justice Act of 2022 Has Become Law.” Martin & Jones, PLLC.
[13] H.R. 6482 § 2(b)(2)(A)-(B).
[14] See id. at § 2(i).
[15] See id.
[16] See 28 U.S.C. § 2675(a).
[17] See “Our North Carolina Lawyers are Prepared to File a Camp Lejeune Water Contamination Lawsuit on Behalf of the Affected Veterans and Families Now that the Camp Lejeune Justice Act of 2022 Has Become Law.” Martin & Jones, PLLC.
[18] See id.
[19] H.R. 6482 § 2(c).
[20] See “A Guide to the Camp Lejeune Justice Act of 2022.” FH+H. August 18, 2022; see also “Filing Claims Under the Camp Lejeune Justice Act of 2022,” U.S. Navy Judge Advocate General’s Corps.
[21] See “Honoring Our PACT Act Signed into Law: Camp Lejeune Water Contamination Lawsuits Move Forward.” The National Law Review. August 10, 2022.
[22] See id.; H.R. 6482 § 2(f).
[23] H.R. 6482 § 2(d).