Camp Lejeune Water Contamination Class Action Lawsuit Update November 2024

November 8, 2024

• Court Establishes Rules for Expert Medical Examinations: The judges overseeing the Camp Lejeune water contamination litigation have issued an order outlining procedures for expert medical examinations of plaintiffs. The order clarifies the scope of examinations, notification requirements, procedural standards, restrictions on testing, and reciprocal examination rights for both plaintiffs and the government. This aims to ensure fairness and efficiency in the handling of medical evaluations within the litigation.

October 25, 2024

• Camp Lejeune Claims Unit Implements New Strategies to Expedite Settlements: The Camp Lejeune Claims Unit (CLCU) is taking steps to speed up the settlement process by simplifying documentation requirements, automatically advancing pending claims, and addressing duplicate claims. These initiatives aim to reduce administrative delays and prioritize claimants' cases based on existing documentation, potentially leading to faster resolutions for those affected by the water contamination at Camp Lejeune.

October 16, 2024

• Case Numbers Rise as Evidence Dispute Takes Center Stage: The number of Camp Lejeune lawsuits continues to climb, reaching 2,185, with over half a million administrative claims still pending. Meanwhile, a crucial debate is unfolding over what evidence will be permitted in court. Plaintiffs are advocating for a comprehensive approach, including evidence of vapor intrusion and emissions in addition to water contamination. However, the government is pushing to limit the scope to water contamination only. This disagreement will significantly impact the outcome of upcoming bellwether trials, particularly those involving leukemia and non-Hodgkin's lymphoma.

October 11, 2024

• Court Orders Increased Transparency in Camp Lejeune Settlement Process: In an effort to promote transparency and efficiency in the Camp Lejeune water contamination settlement process, the court has ordered the government to provide regular updates on administrative settlements to the Settlement Masters and Settlement Liaison. This information will include the number of claims settled and the number of outstanding settlement offers. This move aims to keep the settlement process moving forward smoothly and ensure that all parties have access to the necessary information to effectively resolve the litigation.

October 4, 2024

• Camp Lejeune Judges Hold Off on Case Management Order Changes: Following the government's agreement with Settlement Masters on information sharing procedures, the judges overseeing the Camp Lejeune water contamination litigation have decided to postpone any changes to Case Management Order No. 14 discussed in our September 24 update. They will monitor the implementation of the new agreement to ensure it facilitates a smooth and efficient settlement process before making any further adjustments to the order. 

September 25, 2024:

• Status Hearing Held: A status hearing was held to discuss ongoing discovery issues in the Camp Lejeune water contamination litigation. The next conference is scheduled for October 22, 2024.

September 25, 2024:

• Court Orders NAS to Produce Privilege Log: In a separate development, Judge Jones ruled that the National Academy of Sciences (NAS) must produce a detailed privilege log for documents related to its 2009 report on Camp Lejeune's contaminated water. This ruling comes after the Plaintiffs' Leadership Group sought these documents, and the NAS resisted, citing confidentiality concerns. The court emphasized that NAS must adhere to federal discovery rules, regardless of confidentiality issues.

September 24, 2024:

• Camp Lejeune Lawsuit Update: There's some good news for those affected by the Camp Lejeune water contamination. The U.S. government and the Settlement Masters have reached an agreement on how to share information while protecting sensitive government data. This is a small but important step forward, smoothing the path towards potential settlements for veterans and their families.

September 18, 2024:

• Camp Lejeune Claims Update: The Department of the Navy has received an estimated over 550,000 administrative claims related to Camp Lejeune water contamination, and is currently working to finalize data entry and address duplicate claims. As of September 2024, a total of 2,089 lawsuits have been filed under the Camp Lejeune Justice Act (CLJA), with 66 of those cases having been dismissed.

September 12, 2024

• Estate Issues Partially Clarified: The court addressed motions related to legal representation in Camp Lejeune cases. Three plaintiffs successfully demonstrated their standing, while a fourth case was stayed to allow time for proper estate administration. The court declined to provide a broad definition of "legal representative" or address statute of limitations concerns due to lack of relevance in current cases.

September 10, 2024

• Extension for Settlement Masters: The government requested a one-week extension to respond to a court order regarding amendments to Case Management Order No. 14, aiming to establish procedures that would enable collaboration with Settlement Masters while protecting sensitive information.

September 9, 2024

• Parkinson's Disease Study Strengthens Claims: A new study by UCSF researchers strengthens the link between Camp Lejeune water contamination and Parkinson's disease progression. The findings suggest that exposure to VOCs, including trichloroethylene, may accelerate the disease's progression. This research could significantly impact the litigation landscape for those with Parkinson's disease claims.

September 5, 2024:

• Camp Lejeune Settlement Process Streamlining: The court is considering modifying Case Management Order No. 14 to enhance the efficiency of settlement processes. Proposed amendments focus on protocols for Settlement Masters' access to DOJ data. They include allowing the use of personal technology and equipment, subject to security measures, and decoupling the appointment of Settlement Masters from specific contractual terms regarding technology. The aim is to expedite settlement discussions by removing unnecessary procedural hurdles. Comments on these proposed amendments are due one week from yesterday's issuance.

August 26, 2024:

• Navy Faces Half a Million Camp Lejeune Claims: 546,500 administrative claims for compensation related to toxic water at Camp Lejeune have been filed with the U.S. Navy, according to a recent court filing. The Navy is currently reviewing these claims for duplicates.

August 22, 2024:

• Government Completes Depositions in Camp Lejeune Cases: The government has finished taking depositions from all 100 Track 1 Discovery Plaintiffs in the Camp Lejeune litigation. This marks a significant step forward in the pretrial process, as depositions allow both sides to gather evidence and assess the strength of their cases.

August 19, 2024:

• Government Resists Document Production in Camp Lejeune Case: The government responds to a plaintiff's motion to compel production of electronically stored information (ESI), arguing the request is belated, disproportionate, and irrelevant to the key issues of exposure, causation, and damages in Camp Lejeune claims. 

August 15, 2024:

• Slow Progress in Camp Lejeune Settlement Talks: The government's response to the court's Settlement Masters Engagement Order reveals a bureaucratic delay in reaching a final agreement to compensate the settlement masters. While "constructive conversations" are ongoing, the DOJ's concerns about protecting sensitive government information and equipment usage are slowing down the process.

August 11, 2024:

• Plaintiffs Request Court Order to Release Government Documents: Plaintiffs involved in the Camp Lejeune toxic water litigation have expressed growing frustration over the government’s delay in producing documents from the Agency for Toxic Substances and Disease Registry, and the Department of Veterans Affairs. Despite repeated requests, essential materials remain unavailable, significantly impacting the discovery and deposition process. They have requested a court order to release these documents.

August 9, 2024:

• Case Management Changes: The court overseeing the Camp Lejeune toxic water litigation has announced procedural changes. Updates on settlement negotiations will no longer be a regular part of status conferences. Additionally, the court has expressed dissatisfaction with the quality of previous case updates and has implemented a revised schedule for expert discovery and pretrial proceedings. The next status conference is scheduled for August 27, 2024.

August 8, 2024:

• Expert Discovery Timeline Set for Camp Lejeune Lawsuits: As fact discovery concludes next week, the Camp Lejeune litigation is moving towards the expert testimony phase. A timeline has been established for Track 1 lawsuits, with plaintiffs required to disclose their experts on toxic chemical exposure within 75 days. The United States will then have 45 days to disclose its experts, followed by 21 days for plaintiffs' rebuttal experts. Similar schedules apply to general causation, specific causation, and damages phases. Each phase of expert discovery must be completed within 45 days of disclosures. Subsequently, Daubert motions and motions for summary judgment are due within 30 days of the end of expert discovery, with 21 days for oppositions and 14 days for replies.

August 1, 2024:

• Camp Lejeune Claims Update: As of August 1, 2024, a total of 1,895 Camp Lejeune civil lawsuits have been filed under the CLJA, along with 325,123 administrative claims with the Navy. However, the Navy has only made 109 settlement offers, of which 64 have been accepted, representing less than half of 1% of all claims filed.

July 29, 2024:

• Confidentiality Order Issued in Camp Lejeune Settlement Talks: A Magistrate Judge issues an order prohibiting public statements or disclosures about ongoing global settlement negotiations in the Camp Lejeune litigation. This restriction extends to monthly status reports filed on PACER, aiming to protect the confidentiality and integrity of the settlement process, encourage open communication, and prevent any perceived or actual bias in judicial proceedings.

July 18, 2024:

• Opt-Out Ruling Affirmed: The court denies the government's motion for reconsideration regarding the opt-out provision for Track 2 plaintiffs in the Camp Lejeune litigation. The judges determine that the existing Track 2 pool remains representative and that accommodations can be made for plaintiffs unable to fully participate in discovery or trial without removing the opt-out provision.

July 10, 2024:

• Early Settlement Offers and Payouts: In the Camp Lejeune litigation, 93 cases qualify for the government's elective early settlement program. Of those, 37 have accepted offers ranging from $100,000 to $450,000, while 9 have been rejected and 26 are pending. Outside this program, the government has made settlement offers to 111 individual plaintiffs, with 58 accepted and 3 rejected. Over $20 million has been paid out to 81 plaintiffs, with bladder cancer claims yielding the highest average payout.

July 9, 2024:

• Law Firms Stop Accepting New Camp Lejeune Cases: As the August 10th filing deadline for Camp Lejeune lawsuits approaches, InjuryClaims.com partner attorneys and law firms cease accepting new cases. They will focus on finalizing existing claims and preparing for the next steps in the litigation.
  
  
• Settlement Masters Appointed: The North Carolina judges appoint Thomas J. Perrelli and Christopher G. Oprison as settlement masters to facilitate settlement discussions in the Camp Lejeune Justice Act cases. Magistrate Judge James E. Gates is appointed as settlement liaison to assist. The settlement masters' role is to establish a settlement structure and facilitate discussions between parties without coercive authority.

July 8, 2024:

• Camp Lejeune Lawsuits and Claims Surge: The number of civil lawsuits filed under the Camp Lejeune Justice Act increases slightly to 1,851, while administrative claims surge by over 24,000 in just two weeks, reaching approximately 285,484.

June 29, 2024:

• General Causation Before Trial Motion: North Carolina judges have decided to address two key issues before the first Camp Lejeune trials:
  
  
  • Toxic Chemical Exposure: Plaintiffs must prove the presence and levels of specific chemicals, such as benzene, TCE, PCE, and vinyl chloride, in the water at Camp Lejeune from 1953 to 1987. This involves demonstrating contamination levels at various water distribution systems, a point the government has not agreed to stipulate.
    
    
  • General Causation: Plaintiffs must establish a causal relationship between the chemicals in the water and the Track I Illnesses (bladder cancer, kidney cancer, leukemia, Parkinson’s disease, and non-Hodgkin’s lymphoma).

The court will expedite expert discovery on these issues, potentially followed by Daubert and dispositive motion briefings. The parties are ordered to jointly submit a proposed pretrial schedule by July 12, 2024, outlining timelines for limited expert discovery and necessary briefings. This approach is expected to streamline trials and potentially allow for back-to-back-to-back proceedings.

June 28, 2024:

• Status Conference Scheduled: The next status conference for the Camp Lejeune litigation is set for July 16th. The current focus is on preparing individual bellwether cases for trial.

June 24, 2024:

• Deadline Approaching: The deadline to file a claim under the Camp Lejeune Justice Act is approaching on August 10th - less than 2 months away. Potential claimants are encouraged to seek a free case review from a qualified Camp Lejeune Water Contamination attorney.

June 22, 2024:

• Case Count Update: The total number of Camp Lejeune civil lawsuits filed under the Camp Lejeune Justice Act reaches 1,825. Additionally, 261,293 administrative claims have been filed with the Navy under the Act.

June 18, 2024:

• Plaintiffs Select Bellwether Cases: Plaintiffs have chosen their cases for the bellwether trial, including cases involving bladder cancer, kidney cancer, leukemia, non-Hodgkin's lymphoma, and Parkinson's disease. The selected cases are:
  
  
  • Bladder Cancer: Cagiano v. USA, Case No. 7:23-cv-00569-BO-RN; Criswell v. USA, Case No. 7:23-cv-01482-BO-BM; Dyer v. USA, Case No. 7:23-cv-00357-D-RJ
    
    
  • Kidney Cancer: Fancher v. USA, Case No. 7:23-cv-00275-M-BM; Howard v. USA, Case No. 7:23-cv-00490-FL; Mousser v. USA, Case No. 7:23-cv-00667-D-RN
    
    
  • Leukemia: Connard v. USA, Case No. 7:23-cv-01557-M-RN; Gleesing v. USA, Case No. 7:23-cv-01486-FL; Hill v. USA, Case No. 7:23-cv-00028-M-KS
    
    
  • Non-Hodgkin’s Lymphoma: Carter v. USA, Case No. 7:23-cv-01565-M-KS; Davis v. USA, Case No. 7:23-cv-00043-BO-BM; Kidd v. USA, Case No. 7:23-cv-01489-FL
    
    
  • Parkinson’s Disease: McElhiney v. USA, Case No. 7:23-cv-01368-BO-RJ; Peterson v. USA, Case No. 7:23-cv-01576-M-RJ; Rothchild v. USA, Case No. 7:23-cv-00858-D-KS

June 6, 2024:

• Camp Lejeune Water Contamination Settlements Reach $14.4 Million: A joint status report filed in a North Carolina federal court reveals that 33 settlements, totaling $14.4 million, have been reached so far in cases alleging injuries caused by water contamination at Marine Corps Base Camp Lejeune. This marks a significant development in the ongoing litigation over decades of exposure to toxic chemicals at the base.

June 5, 2024:

• Camp Lejeune Plaintiffs Must Prove Water Caused Illnesses: The North Carolina federal court overseeing the Camp Lejeune water contamination litigation ruled that plaintiffs must demonstrate both general and specific causation to prove their illnesses were caused by exposure to contaminated water at the base. This ruling could significantly impact the burden of proof for those seeking compensation for health issues related to the contamination.

June 4, 2024:

• Selection Process for Bellwether Trials: Lawyers and the government agreed on a plan to select plaintiffs for bellwether trials focusing on specific illnesses. These illnesses include kidney cancer, bladder cancer, leukemia, non-Hodgkin's Lymphoma, and Parkinson's Disease allegedly caused by the contaminated water at Camp Lejeune. Plaintiffs chosen will waive the right to claim any other illnesses related to the water contamination.
  
  
• Benefits of Collaboration: This collaborative approach aims to streamline the litigation process. By focusing resources on a smaller group, the discovery and trial preparation become more efficient. Additionally, it might lead to a quicker global settlement for these specific illnesses.
  
  
• Timeline for First Trials: The first trials are expected to begin in late 2024 or early 2025, after the discovery process is complete.

May 28, 2024:

• Camp Lejeune Justice Corrections Act Introduced: A new bill aims to expedite court cases, grant jury trial rights to victims, and expand the jurisdiction for Camp Lejeune lawsuits. Additionally, the bill proposes a 20% cap on attorney fees before a lawsuit and 25% after a lawsuit or settlement – aligning with Department of Justice caps.

May 26, 2024:

• Camp Lejeune Justice Act Filing Deadline: A reminder that the deadline to file a claim under the Camp Lejeune Justice Act is August 10th, 2024.

May 10, 2024:

• Case Count Update: As of May 10th, there are 1,764 lawsuits filed and 227,309 administrative claims submitted to the Navy. While new lawsuits are slowing down, administrative claims are significantly increasing.

March 27, 2024:

Claims Statistics: There were 1,662 lawsuits filed and approximately 176,662 administrative claims filed with the Navy as of March 26th.

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The health battle faced by military servicemembers and their families: Understanding Camp Lejeune's toxic water crisis

For decades, the brave individuals who served, lived, or worked at Camp Lejeune, a United States Marine Corps base in North Carolina, faced a hidden enemy far from any battlefield: toxic water. From the 1950s through the 1980s, these people were unknowingly exposed to a cocktail of dangerous chemicals in their drinking water, leading to severe health consequences.

The depth of water contamination at Camp Lejeune

The contamination crisis at Camp Lejeune is a sobering chapter in its history, one rooted in the discovery of high levels of volatile organic compounds (VOCs) in the base's water supply. The source of this contamination was pinpointed to two on-base water treatment facilities, which released a toxic array of substances into the tap water. These weren't just trace amounts; the water contained VOCs like trichloroethylene (TCE), a degreasing agent, and perchloroethylene (PCE), used in dry cleaning, at concentrations up to 3,400 times higher than what current safety standards allow. The presence of other harmful chemicals, such as benzene and vinyl chloride, was also confirmed.

Exposure to these chemicals have been linked to a laundry list of ailments such as various cancers, neurological disorders like Parkinson’s disease, and a host of reproductive problems, including stillbirths, infertility, and miscarriages.

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Who was affected?

According to the Agency for Toxic Substances and Disease Registry (ATSDR), an estimated one million people may have been exposed to the contaminated water at Camp Lejeune between August 1, 1953 and December 31, 1987.

They include active-duty Marines, sailors, Coast Guard members, civilian workers, their families, and even visitors to the base.

Commonly reported injuries and illnesses of those exposed include:

• Non-Hodgkin's lymphoma
• Parkinson's disease
• Breast cancer
• Esophageal cancer
• Lung cancer
• Neurobehavioral effects
• Renal toxicity
• Scleroderma
• Miscarriages/Fertility issues
• Adult leukemia
• Aplastic anemia and other myelodysplastic syndromes
• Bladder cancer
• Kidney cancer
• Liver cancer
• Multiple myeloma

Each of these conditions carries its own set of challenges and health implications, making the need for comprehensive medical care and appropriate compensation all the more critical for the victims. If you recognize any of these conditions in yourself or a loved one and have a history connected to Camp Lejeune, it may be time to seek further information on legal recourse.

The national impact of a local crisis

The water contamination at Camp Lejeune stretches well beyond North Carolina. For over three decades, Marines and their families used water that was contaminated with toxic chemicals at levels much higher than what is currently considered safe. This has led to health problems for many who served or lived on the base, affecting veterans across the nation.

“Anybody who served in the United States Marine Corps, and went for combat training, probably went to Camp Lejeune in North Carolina,” Rep. Matthew Cartwright (D-PA) told The Hill. “So this is not just a North Carolina issue; it’s a national issue.”

The Camp Lejeune Justice Act is a significant milestone for those impacted by the water contamination. After a hold-up due to a procedural delay known as a Blue Slip Objection, the legislation's passage is a win for the many who have been waiting for acknowledgment and action. It's a step forward in addressing past oversights by the government and opens the door for those affected to actively seek legal redress. 

The new legislation builds on the "Caring for Camp Lejeune Veterans Act of 2011," which initially directed the Department of Defense to cover medical care through the VA for those impacted. Now, the Camp Lejeune Justice Act opens a new avenue for those who have suffered to seek compensation for their health issues stemming from contaminated water directly. Importantly, there is a two-year window in which individuals can initiate a lawsuit against the U.S. government, giving a defined timeframe for victims to seek compensation and justice. The Camp Lejeune Justice Act has set a deadline to file a claim by August 10th, 2024. 

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You are not alone

If you or your family used the water at Camp Lejeune, whether for drinking or bathing, there's help out there for you. Legal experts can walk you through how to seek compensation and justice for your health problems. By filling out a simple form for a free case review, you can find out if you qualify for financial compensation without affecting your VA disability benefits.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.