If you or a loved one resided or worked (or were in utero) at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1987 and suffered a qualifying injury, you may be entitled to recover compensation from a Camp Lejeune settlement claim.
A team of personal injury lawyers and class action attorneys is investigating potential Camp Lejeune settlement claims of veterans and others who suffered injury after being exposed to contaminated water at Camp Lejeune Marine Corps base in North Carolina.
On September 6, 2023, the Department of the Navy and the Department of Justice announced the finalization and publication of a voluntary settlement process for certain Camp Lejeune Justice Act claims, called the Elective Option (“EO”), to help veterans and others more quickly resolve claims under the Camp Lejeune Justice Act of 2022 (“CLJA”).
Under this fast-track Camp Lejeune settlement process, certain individuals who were exposed to contaminated water at Camp Lejeune (or their families) may receive up to $550,000, depending on the specific injury claimed and length of exposure to toxic water at Camp Lejeune.
Expedited Camp Lejeune Settlement Claims
The EO Camp Lejeune settlement process is available to claimants who present an administrative claim to the Dept. of the Navy and whose claim involves an individual who: (1) resided or worked (or were in utero) at Marine Corps Base Camp Lejeune or Marine Corps Air Station New River for at least 30 days between August 1, 1953 and December 31, 1987; and (2) was diagnosed or treated with a Qualifying Injury.
A “Qualifying Injury” under the EO Camp Lejeune settlement includes:
- Bladder cancer
- Blood cancer
- Kidney cancer
- Liver cancer
- Leukemia
- Multiple myeloma
- Non-hodgkins lymphoma
- Parkinson’s disease
- Kidney failure
- End state renal disease (ESRD)
- Systemic scherosis or scleroderma
The qualifying injury must have been first diagnosed or first treated before August 10, 2022. The earliest date of diagnosis or treatment must be not less than two (2) years after the individual’s first exposure to contaminated water and not greater than thirty-five (35) years after the individual’s last exposure to contaminated water at Camp Lejeune.
Camp Lejeune EO Settlement Amounts Offered
Camp Lejeune settlement amounts offered under the Elective Option process depend on, among other things, the type of injury suffered and the duration of exposure to toxic water at Camp Lejeune.
Claims involving “Tier 1” diseases for which the ATSDR has reported “sufficient” evidence of a causal link to contaminants in Camp Lejeune water (i.e., kidney cancer, liver cancer, non-Hodgkin’s lymphoma, leukemia, and bladder cancer), will be able to recover settlement amounts of $450,000, $300,000, or $150,000, depending on whether the claimant was exposed to Camp Lejeune water for over 5 years, between 1 and 5 years, or between 30 and 364 days, respectively.
Claims involving “Tier 2” diseases for which the ATSDR has only identified evidence at the “equipoise and above” level for a causal link to contaminants in the Camp Lejeune water (i.e., multiple myeloma, Parkinson’s disease, kidney disease or end stage renal disease, and systemic sclerosis or systemic scleroderma), will be able to recover settlement amounts of $400,000, $250,000, or $100,000, depending on whether the claimant was exposed to Camp Lejeune water for over 5 years, between 1 and 5 years, or between 30 and 364 days, respectively.
30 to 364 days | Duration of exposure: 1 to 5 years | More than 5 years | |
| Tier 1 Injury: · kidney cancer · liver cancer · non-Hodgkin’s (lymphoma) · leukemia · bladder cancer | $150,000 | $300,000 | $450,000 |
| Tier 2 Injury: · multiple myeloma · Parkinson’s disease · kidney disease (end stage renal disease) · systemic sclerosis (scleroderma) | $100,000 | $250,000 | $400,000 |
In addition, Camp Lejeune claims that show a Qualifying Injury resulting in death will be offered an additional $100,000. Accordingly, the maximum EO Camp Lejeune settlement amount is $550,000.
A claimant may recover under the EO Camp Lejeune settlement for only a single Qualifying Injury. If a claimant has more than one Qualifying Injury, the claimant will be compensated for one such injury, at the level that will provide the greatest compensation for the claimant. Therefore, if a claimant has both a Tier 1 and Tier 2 Qualifying Injury, the claimant will receive compensation for the Tier 1 Qualifying Injury.
The Department of the Navy will notify claimants (through their attorneys, if represented) of any EO Camp Lejeune settlement offer. A claimant will have 60 days to accept or decline a Camp Lejeune settlement offer under the EO. Claimants who accept an EO settlement can expect to receive payment within 60 days or less, provided they accurately complete all necessary payment documentation in a timely manner.
Expedited EO Settlements Do Not Affect VA Benefits
Accepting a Camp Lejeune Elective Option settlement offer will not affect a claimant’s VA benefits. Additionally, a Camp Lejeune EO settlement offer will not be offset due to a VA benefit through a reduction in the settlement amount for benefits paid or a VA lien.
Thus, the EO Camp Lejeune settlement process allows those who have obtained a disability award, payment or benefit related to Camp Lejeune to retain that award, payment or benefit without the offset that would be statutorily required if the claimant were to proceed to trial and win a judgment. Awards or settlements made outside of the EO settlement process may be offset by the value of VA benefits.
What If I Don’t Qualify for an EO Camp Lejeune Settlement or I Want to Recover More Than The Settlement Amount Offered?
Claimants who do not have a “Qualifying Injury” or who, for other reasons, do not qualify for a payment under the Elective Option settlement process may still be eligible to seek relief through the administrative claim process and/or a Camp Lejeune lawsuit if their claim involves some other injury that they believe may have been caused by, associated with or linked to exposure to the water at Camp Lejeune (such as lung cancer, esophageal cancer, prostate cancer, breast cancer, brain cancer, cervical cancer, colorectal cancer, ovarian cancer, other form of cancer, myelodysplastic syndrome, fatty liver disease (hepatic steatosis), infertility, miscarriage, neurobehavioral effects, ALS or Lou Gehrig’s disease, renal toxicity, aplastic anemia, or birth defects).
In other words, the EO expedited Camp Lejeune settlement option supplements other processes for resolving claims through the normal administrative claims or litigation. Claimants who do not receive an EO Camp Lejeune settlement offer or who choose not accept such a settlement offer (for instance, because they believe the amount to be too low and they want to try to recover more) may still file a Camp Lejeune claim with the Department of the Navy or file a lawsuit in federal court (after the claim has been formally denied by the Department of the Navy or six months have passed since the claim was initially filed).
Time Is Limited To File A Camp Lejeune Lawsuit
A deadline known as a statute of limitation limits the amount of time that individuals have to file a Camp Lejeune lawsuit. Under the Camp Lejeune Justice Act a claimant has two years after August 10, 2022 (i.e., until August 10, 2024) or 180 days after the date on which their administrative claim is denied by the Department of the Navy, whichever is later, in which to file a Camp Lejeune lawsuit claim.
This means that if a Camp Lejeune lawsuit claim is not filed before the applicable time limit or deadline, the claimant may be barred from ever pursuing litigation or taking legal action regarding the Camp Lejeune injury claim. That is why it is important to connect with a Camp Lejeune injury attorney or lawyer as soon as possible.
If you or a loved one suffered injury after being exposed to contaminated water at Camp Lejeune, you may be entitled to recover compensation from a Camp Lejeune settlement claim. Contact an injury lawyer to request a free case review.
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