Camp Lejeune Lawsuit: A Comprehensive Overview

JULY 13: The parties have jointly proposed the Track One schedule to the court. Due to this schedule, the first trial will most likely be delayed until 2025.

JULY 12: North Carolina judges have appointed Thomas J. Perrelli of Jenner & Block LLP and Christopher G. Oprison of DLA Piper as settlement masters to facilitate settlement discussions. Magistrate Judge James E. Gates has also been appointed the settlement liaison to assist in this process.

The settlement masters are responsible for establishing a settlement structure for the Camp Lejeune Justice Act cases and facilitating discussions between the parties. They will not act as advocates or have coercive authority, ensuring that settlements are voluntary. Their role is limited to facilitating discussions and does not include adjudicating any issues in the litigation. Their goal is to develop a unified approach to settle the majority of these lawsuits efficiently.

With the deadline to file a lawsuit approaching and the DOJ feeling the pressure of upcoming trials, it is time to move beyond the Elective Option and pursue comprehensive Camp Lejeune settlements.

JULY 10: According to the latest joint status report, there are currently 93 Camp Lejeune cases in litigation that qualify for the government’s elective early settlement program. So far, 37 of these cases have accepted early settlement offers, with payouts ranging from $100,000 to $450,000. In nine cases, the elective settlement offers have been rejected, while 26 offers are still pending.

Outside the elective early settlement program, the government has made settlement offers to 111 individual plaintiffs after verifying their Camp Lejeune claims. Of these, 58 offers have been accepted and 3 have been rejected. Payments totaling just over $20 million have already been sent to 81 plaintiffs, averaging about $246,000 per plaintiff. Bladder cancer claims have had the highest average payout per claim.

JULY 9: From the 1,825 civil lawsuits filed in June, the number has only increased slightly to 1,851 lawsuits. Administrative claims, however, are experiencing rapid growth. Two weeks ago, 261,293 claims were filed with the Navy under the CLJA. This number has now surged to approximately 285,484 claims, an increase of 24,192 claims in just two weeks.

Earlier in the month, a protective order has been established to manage the handling of certain electronically stored information (ESI) and documents. This Amended Stipulated Protective Order, outlined in proposed Case Management Order No. 13, applies to all cases under the Camp Lejeune Justice Act of 2022.

The order specifies that sensitive, non-classified confidential information subject to discovery may include trade secrets, personal financial or medical information, and data protected under federal statutes like HIPAA and the Privacy Act. Information designated as “Confidential” must be treated with strict confidentiality, ensuring it is disclosed only to authorized individuals involved in the litigation process and used solely for litigation purposes.

The order also details procedures for designating and challenging confidential information, outlining the responsibilities of lawyers producing and receiving this private information.

On June 4, 2024, Camp Lejeune lawyers and the DOJ have agreed on a plan to select five specific toxic water plaintiffs from the Track 1 Discovery Pool for bellwether trials. This plan will focus on five plaintiffs who claim that contaminated water at Camp LeJeune caused them to develop one of the five Track 1 illnesses: leukemia, kidney cancer, non-Hodgkin’s lymphoma, bladder cancer, and Parkinson’s disease.

Although this limits plaintiffs to claiming only these specific illnesses, it is part of a broader agreement on the selection process.

The selection process involves plaintiffs’ lawyers proposing three plaintiffs per illness, while the United States proposes two more. The chosen plaintiffs will then undergo detailed discovery and trial preparations.

This strategy aims to focus resources on fewer cases, making the process more efficient and providing clear expectations for all plaintiffs. It also helps in finding a quicker resolution, potentially leading to a global settlement for all parties involved.

Following the Court’s invitation during the April 24, 2024 Status Conference, plaintiffs’ attorneys have submitted a list of suggested topics for potential discussion. The proposed discussions aim to use trials to facilitate a comprehensive resolution and refine processes to prepare cases for trial efficiently.

Key topics include:

• Foundational issues of the Camp Lejeune Justice Act, such as the standard of proof, water contamination specifics, required duration of presence on the base, and establishing causation for diseases linked to Track 1 of the proceedings.
• Trial structure considerations, including single or consolidated multi-plaintiff trials, trials organized by disease type, reverse bifurcation, or advisory jury trials.
• Specific hearings to handle Daubert issues separately from initial trials.
• Selection of trial plaintiffs and prioritizing cases of gravely ill plaintiffs.
• Logistical aspects of trial scheduling across multiple judges, the use of technology in courtrooms, and the length of trials.

As of May 10, 2024, the total number of Camp Lejeune lawsuits stands at 1,764, a modest increase. However, the number of administrative claims filed with the Navy has surged to 227,309, far exceeding the predicted 150,000 claims. The expectation is that approximately 150,000 of these claims will receive compensation.

The Camp Lejeune judges issued a decision on the morning of May 13, 2024 denying a motion for immediate appellate review of a prior ruling that struck down the plaintiffs’ request for a jury trial. The court based its decision on historical precedents that reserve interlocutory appeals for exceptional circumstances, preferring to address such matters only after a final judgment.

This decision implies that most Camp Lejeune lawsuits might be concluded before an appellate court reviews the jury trial issue. Any settlement offers victims receive will likely be based on the assumption that plaintiffs do not have the right to a jury trial, making this ruling effectively final for those who settle before the appeal.

As of May 30, 2024, delving deeper into discovery in individual cases, more one-off motions are emerging. In one instance, the court has been asked to compel a plaintiff to testify about their departure from a Sheriff’s Office despite a confidentiality agreement tied to a settlement. The government contends that this agreement does not prevent the witness from answering relevant questions in the current civil litigation. Both parties have discussed and agreed to this motion, which was addressed during the last status conference two weeks ago.

The plaintiff’s prior employment is relevant because he seeks lost wages in his Camp Lejeune lawsuit, alleging that his 2009 kidney cancer diagnosis is related to TCE and PCE exposure at Lejeune.

During a deposition a few months ago, he declined to answer questions about his former employment due to the confidentiality agreement. Both parties agree that a court order will allow the witness to testify, benefiting the plaintiff by providing legal grounds to override the confidentiality agreement.

As of April 2024, settlements have been reached in 40 Camp Lejeune lawsuits, totaling $9.6 million

The Torts Branch has verified 60 cases that qualify under the Elective Option criteria. These cases include:

• 16 bladder cancer cases
• 16 kidney cancer cases
• 12 non-Hodgkin’s lymphoma cases,
• 6 kidney disease cases,
• 4 Parkinson’s Disease cases,
• 4 leukemia cases, and
• 2 multiple myeloma cases.

Out of these, 22 Camp Lejeune settlement offers have been accepted, covering 5 bladder cancer, 4 end-stage renal disease (kidney disease), 5 kidney cancer, 4 non-Hodgkin’s lymphoma, 1 multiple myeloma, 2 Parkinson’s Disease, and 1 leukemia cases. Nine offers were declined, and 17 have expired. Additionally, 12 offers are still under consideration.

The Department of Justice, based on Camp Lejeune data from the Navy, has approved settlement offers for 62 claimants. Of these, 29 have been accepted, 2 rejected, and 25 have expired, with 6 still pending.

Payments totaling $9,600,000 have been made for 22 settlements approved by the Navy and 18 approved by the DOJ. These payments include various amounts, such as $300,000 and $150,000 for bladder cancer, $300,000 and $100,000 for leukemia, $400,000 for Parkinson’s Disease, $300,000 and $150,000 for non-Hodgkin’s lymphoma, $300,000 and $150,000 for kidney cancer, and $250,000 and $100,000 for kidney disease cases, among others.

The DOJ proposes that the following conditions be prioritized for Track 3:

• esophageal cancer;
• general medical monitoring not tied to a specific illness;
• miscarriage;
• dental issues; and
• hypersensitivity skin disorder.

A total of 1,662 lawsuits and 176,662 administrative claims have been filed with the Navy regarding Camp Lejeune water contamination.

Out of these cases, only 51 met the criteria for the early settlement elective program, with a focus on bladder and kidney cancer (26 cases).

Among the early settlement offers, 21 were accepted (including bladder cancer, kidney disease, kidney cancer, non-Hodgkin’s lymphoma, multiple myeloma, Parkinson’s disease, and leukemia) and 9 were rejected by the plaintiffs.

Judges at Camp Lejeune decided against jury trials, interpreting the CLJA does not include provisions to accommodate this in the ongoing lawsuit. Additionally, Camp Lejeune attorneys have requested the production of the ATSDR water remodeling project file in its original state.

They found that members of the Marine Corps, Navy personnel, and civilian workers at Camp Lejeune had a higher risk of developing several types of cancer compared to those at Camp Pendleton.

The Camp Lejeune litigation is preparing for its first trial, with key decisions pending on trial format and plaintiff representation, amid concerns of unrepresentative samples in the Track 1 Discovery Pool. Additionally, plaintiffs are appealing a ruling denying access to a crucial cancer study, while warnings have been issued about fraudulent activities targeting claimants in this case involving over 1,400 lawsuits and an average settlement of approximately $242,000.

A study by the U.S. Agency for Toxic Substances and Disease Registry links elevated cancer rates at Camp Lejeune in North Carolina to contaminated water, sparking controversy over its delayed release. Concurrently, the Plaintiffs’ Leadership Group criticizes the government for not adhering to case protocols in selecting eligible plaintiffs and questions the conduct of a lawyer representing some affected individuals, jeopardizing the integrity of the legal process.

The Department of Justice has processed 16 settlement cases under an Executive Order, with various outcomes including rejections and pending decisions. The Navy has forwarded 62 claims to the DOJ, of which 13 have resulted in settlement offers, with four accepted and eight pending. Accepted settlements, including for Parkinson’s disease and non-Hodgkin’s lymphoma, total one million dollars.

The EPA is proposing a ban on TCE, a chemical linked to cancer and other health problems, with a plan to eliminate its use in consumer and commercial products within a year while considering some exemptions. This action comes after findings showed an unreasonable health risk, highlighted by historical contamination at Camp Lejeune that increased Parkinson’s disease risk among marines.

The U.S. government has recently introduced a settlement program for the Marine Corps Base Camp Lejeune water contamination cases, offering payouts of up to $450,000, depending on the specifics of each claim. However, many Camp Lejeune lawyers feel that the settlement amounts are too low for most Camp Lejeune victims to consider. The aim is to expedite the resolution of the over 93,000 claims already filed, but this Camp Lejeune settlement could make sense only for cases that would be hard to prove in the District of North Carolina court, such as those with limited exposure and other risk factors.

September 4, 2023: The DOJ is taking a slow approach to Camp Lejeune lawsuits, suggesting they’re “immature” and need time to develop. The government’s intent is to settle the bulk of these claims before going to trial, potentially to avoid large payouts.

September 1, 2023: Federal judges have appointed a leadership team to handle the Camp Lejeune lawsuits. A dispute has arisen over whether the case should be designated as multidistrict litigation (MDL), but the existing leadership argues that this is not a requirement for moving forward.

August 30, 2023: Both plaintiffs and the government have submitted plans for categorizing the Camp Lejeune cases for trial. The key disagreement is over which diseases should be prioritized for early settlement payouts, with plaintiffs advocating for a broader range of conditions.

August 18, 2023: The total number of civil cases filed under the Camp Lejeune Justice Act has now exceeded 1,100. The rate of new filings has slowed down considerably compared to earlier in the year.

August 17, 2023: The government is using “assumption of risk” as a defense in the lawsuits, a move that has frustrated some families of Marines. However, this defense may have been included for procedural reasons and should not necessarily be taken seriously.

August 14, 2023: One year after the passage of the Camp Lejeune Justice Act, there’s increasing concern about the slow pace of claims processing, leading to a rise in wrongful death cases. A CNN story highlighted these concerns.

August 13, 2023: The Department of the Navy has stated its commitment to resolving over 80,000 claims related to Camp Lejeune, with a special unit set up to focus solely on these cases. They are working to develop a framework for expedited claims processing.

August 1, 2023: The first joint status report for the Camp Lejeune lawsuits was submitted by both parties. They have requested an extension until September 1, 2023, for individual case deadlines to allow time for a global case management order to be developed.