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Camp Lejeune

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Camp Lejeune, NC

Did you serve, live or work at Marine Corps Base Camp Lejeune, North Carolina between 1953 and 1987?
Contaminated water at the base during that time has been linked to these serious health problems:

  • Multiple Cancers
  • Neurological Diseases
  • Reproductive Diseases
  • Birth Defects

If you were exposed and hurt the camp Lejeune Justice Act of 2022 may make it possible for you to recover a settlement.
Call right now you may be entitled to substantial compensation, (866) 857-7119.

Camp Lejeune Act Cases

On June 16, 2022, the Senate passed the Honor Our PACT act bill (Honoring Our PACT Act – H.R. 3967) which contained the language from the Camp Lejeune Act bill (Camp Lejeune Act – H.R. 2192) that was proposed. The bill is anticipated to be signed by the President in the near future.

Who is Covered?

An individual, including a veteran, or the legal representative of such an individual, who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning August 1, 1953, and ending December 31, 1987, to water at Camp Lejeune that was supplied by the United States or on its behalf may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm which—

(1) was caused by exposure to the water;
(2) was associated with exposure to the water;
(3) was linked to exposure to the water; or
(4) the exposure to the water increased the likelihood of such harm.

What type of Injuries are covered?

  • 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

What is the process for filing a claim?

The bill specifies that a disposition by a federal agency, in compliance with Section 2675 of title 28, prior to filing an action. Claims can be filed with the VA (Camp Lejeune Water Contamination Health Issues | Veterans Affairs (va.gov). If they are denied the claim can proceed to litigation in the Eastern District of North Carolina.

What is the burden of proof for a VA claim?

You’ll need to file a claim for disability compensation and provide this evidence (supporting documents).

You must provide all of this evidence:

  • A document proving your relationship to the Veteran who served on active duty for at least 30 days at Camp Lejeune (like a marriage license, birth certificate, or adoption papers), and
  • A document proving that you lived at Camp Lejeune or MCAS New River for at least 30 days from August 1953 through December 1987 (like utility bills, base housing records, military orders, or tax forms), and
  • Medical records that show you have one of the 15 conditions listed above (as well as the date the illness was diagnosed and that you’re being treated or have been treated in the past for this illness)

And you’ll need to provide evidence that you paid health care expenses for your claimed condition during one of the time periods listed below.

You must provide evidence of payment during one of these time periods:

  • Between January 1, 1957, and December 31, 1987 (if you lived on Camp Lejeune during this time period, we’ll reimburse you for care received on or after August 6, 2012, and up to 2 years before the date of your application), or
  • Between August 1, 1953, and December 31, 1956 (if you lived on Camp Lejeune during this time period, we’ll reimburse you for care received on or after December 16, 2014, and up to 2 years before the date you apply for benefits)
    You may want to provide a Camp Lejeune Family Member Program Treating Physician Report (VA Form 10-10068b)

You’ll need to ask your doctor to fill out and sign this form before submitting it to us. We don’t require this form, but it can help give us important information to determine your eligibility for benefits.
Download VA Form 10-10068b (PDF)

Where are denied claims filed next?

(d) Exclusive Jurisdiction And Venue.—The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any action filed under subsection (b), and shall be the exclusive venue for such an action. Nothing in this subsection shall impair the right of any party to a trial by jury.

What is the burden of proof in Court?

(c) Burdens And Standard Of Proof.—

  1. IN GENERAL.—The burden of proof shall be on the party filing the action to show one or more relationships between the water at Camp Lejeune and the harm.
  2. STANDARDS.—To meet the burden of proof described in paragraph (1), a party shall produce evidence showing that the relationship between exposure to the water at Camp Lejeune and the harm is—

(A) sufficient to conclude that a causal relationship exists; or
(B) sufficient to conclude that a causal relationship is at least as likely as not.

Are there any limitations on damages?

  • Exclusive Remedy.—
    • IN GENERAL.—An individual, or legal representative of an individual, who brings an action under this section for a harm described in subsection (b), including a latent disease, may not thereafter bring a tort action against the United States for such harm pursuant to any other law.
    • HEALTH AND DISABILITY BENEFITS RELATING TO WATER EXPOSURE.—Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative—
      • under—
        • any program under the laws administered by the Secretary of Veterans Affairs;
        • the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
        • the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and
      • in connection with health care or a disability relating to exposure to the water at Camp Lejeune.
  • No Punitive Damages.—Punitive damages may not be awarded in any action under this section.

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Hours of operation

Open: 24/7
Speaks Law Firm is recognized by National Attorney ranking services for excellence in the fields of auto injury and workers’ compensation in North Carolina.
© Copyrights 2022. Speaks Law Firm. All Rights Reserved.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship