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The Camp Lejeune esophageal cancer lawsuit refers to legal action taken by veterans or their families who claim that their development of esophageal cancer was caused by exposure to contaminated water at Marine Corps Base Camp Lejeune.
The plaintiffs in the Camp Lejeune esophageal cancer lawsuit allege that their exposure to these chemicals in the base’s water supply caused them to develop esophageal cancer.
They claim that the government knew about the contamination and failed to take appropriate action to protect the health of those living and working at the base.
They argue that the government should compensate the veterans or their families for their medical costs, as well as for the pain and suffering caused by the disease.
At Schmidt & Clark, LLP, we are experts in contamination lawsuits. The whole team is committed to holding people responsible for their negligence and helping those affected by contamination to get the assistance they need.
Why Choose Schmidt & Clark, LLP For Your Claim
- We have over 20 years of experience representing injured people in their claims against large corporations and government agencies.
- Our lawyers represent the victims of water contamination at Camp Lejeune in the United States.
- Our law firm will deal with every aspect of your case on your behalf and guide you through every stage of litigation.
Table Of Contents
- Quick Summary
- Water Contamination at Camp Lejeune
- Why Is Esophageal Cancer Linked to Camp Lejeune Water Contamination?
- New Law Allows Camp Lejeune Lawsuits for Esophageal Cancer
- Are Veterans and Their Family Members Covered for Healthcare?
- What Are Average Settlements for Camp Lejeune Esophageal Cancer Cases?
- What Is the Burden of Proof During a Camp Lejeune Esophageal Cancer Claim?
- How to File a Camp Lejeune Esophageal Cancer Lawsuit?
- Do I Need to Hire a Lawyer to Represent Me in a Camp Lejeune Contamination Claim?
- How Much Will It Cost to File My Camp Lejeune Contamination Case?
- FAQs
- Get a Free Consultation With Our Attorneys
Quick Summary
- Camp Lejeune esophageal cancer lawsuits are an opportunity for victims to receive compensation for their medical treatment and lost wages.
- Water contamination on the Marine Corps base Camp Lejeune in North Carolina has been linked to esophageal cancer.
- There is an ongoing Camp Lejeune esophageal cancer lawsuit against the United States government by those who served at Camp Lejeune and are now suffering from Esophageal cancer
Water Contamination at Camp Lejeune
Between 1953 and 1987, drinking water at the military base Camp Lejeun was contaminated with volatile organic compounds such as trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride. These chemicals are known to cause cancer, liver damage, and other serious health problems.
Over one million active duty military personnel, family members, and civilian employees were exposed to the contaminated water supply. Of these people, approximately 100,000 may have been exposed to high levels of chemicals for years.
Camp Lejeune contamination occurred when leaking underground storage tanks got into the groundwater supply used for drinking water, bathing, and washing clothes.
The water at Camp Lejeune resulted in serious health problems for the Marines, their families, and the veterans stationed there. Many have died from cancer and other diseases caused by toxic water.
Related Article: Camp Lejeune Water Contamination Lawsuit
Why Is Esophageal Cancer Linked to Camp Lejeune Water Contamination?
Esophageal cancer is linked to Camp Lejeune water contamination because many of the water contaminants are known to cause esophageal cancer. This cancer affects the esophagus, causing chest pain and difficulty swallowing.
There is substantial medical and scientific evidence supporting a potential link between the chemicals found in camp water and esophageal cancer.
The water supply at Camp Lejeune was primarily contaminated with trichloroethylene (TCE) and tetrachloroethylene (PCE) from the 1950s until February 1987. This contamination resulted in widespread health issues among marine corps and civilians exposed to the contaminated water.
Many people develop esophageal cancer due to exposure to trichloroethylene (TCE), tetrachloroethylene (PCE), and vinyl chloride (VC) in contaminated water.
The VA clinical guidance estimates that around 1 million people may have been exposed to this toxic chemical while living or working at Camp Lejeune. TCE and PCE are classified as human carcinogens by the US Environmental Protection Agency (EPA).
Related Article: Camp Lejeune Toxic Water Served for Decades
New Law Allows Camp Lejeune Lawsuits for Esophageal Cancer
Until now, Camp Lejeune victims were not able to sue the federal government for compensation for esophageal cancer and other illnesses caused by toxic substances in the water.
In August 2022, President Trump signed a bill that allowed veterans and their families who lived at Camp Lejeune between February 1, 1953, and December 31, 1987, to file lawsuits seeking compensation for esophageal cancer and other illnesses caused by the toxic substances in the water.
Due to new legislation such as the Camp Lejeune Justice Act, a lot of attention has recently been paid to the water contamination at the Marine Corps Base at Camp Lejeune that happened between 1953 and 1987.”
– Pete Strom
Families of veterans can now begin the process of filing wrongful death claims
for their deceased family member in the US District Court for the Eastern District of North Carolina to receive a financial settlement.
The Camp Lejeune Act of 2012 offers veterans and their families healthcare benefits for injuries from Lejeune water.
Under this act, the onus remains on claimants to prove the basic facts of their claims, but the bill sets a lower standard of proof when it comes to the question of causality.
Are Veterans and Their Family Members Covered for Healthcare?
Yes, Veterans and their families are covered by the Department of Veterans Affairs (VA) disability benefits paid to veterans with a presumed condition and presented evidence of service at Camp Lejeune from 1953 to 1987.
The Camp Lejeune Act of 2012 offers veterans and their families healthcare benefits for injuries from Lejeune water.
Veterans need to prove that they have conditions such as esophageal cancer while their family is entitled to reimbursement of medical expenses.
Family members are required to present the following documents to be reimbursed:
- Documents demonstrating a legal relationship with the Veteran who stayed at Camp Lejeune.
- Records indicating that the family member lived on the base for a minimum of 30 days between 1953 and 1987
- Records indicate that you paid healthcare expenses for a covered condition.
What Are Average Settlements for Camp Lejeune Esophageal Cancer Cases?
Esophageal Cancer cases have an average Camp Lejeune settlement amount that ranges between $300,000 to $600,000. This includes medical and non-medical costs associated with a cancer diagnosis, treatment, and recovery.
Many esophageal cancer claims could justify jury verdicts well over $1,000,000.
The average settlement amount will differ based on several factors, including the type of injury, age at the time of injury or diagnosis, and other personal circumstances.
However, it is essential to note that this amount does not include any legal fees or court costs associated with Camp Lejeune lawsuit.
What Is the Burden of Proof During a Camp Lejeune Esophageal Cancer Claim?
The burden of proof during a Camp Lejeune Esophageal Cancer claim is on the claimant. In other words, the claimant has to prove that they have been exposed to contaminated water.
The claimant must have enough evidence to show that they were injured or sick by a covered event.
The claimant must prove that:
- They were exposed to contaminated water supplies at Camp Lejeune between 1953 and 1987
- They subsequently developed esophageal cancer as a result of the water contamination.
- That such exposure was either caused by an act of negligence of someone other than them or was not reasonably foreseeable at the time and place of exposure.
How to File a Camp Lejeune Esophageal Cancer Lawsuit?
Usually, the US Department of Veterans Affairs (VA) does not permit veterans or their family members to sue for service-related illnesses. However, under the Camp Lejeune Justice Act of 2022, veterans and their families can sue for compensation for esophageal cancer caused by contaminated water at Camp Lejeune.
Veterans and their families who wish to file a lawsuit have just two years from the date of passage of the Camp Lejeune Justice Act to file a lawsuit.
Besides the two-year deadline, veterans must exhaust all administrative recourses before filing a lawsuit in a federal court.
Any person who meets the following criteria may be eligible to file a Camp Lejeune esophageal cancer lawsuit:
- Present at Camp Lejeune between August 1, 1953, and December 31, 1987
- Exposure to water at Camp Lejeune for at least 30 days
- Were diagnosed with Esophageal cancer
Do I Need to Hire a Lawyer to Represent Me in a Camp Lejeune Contamination Claim?
With the enactment of the Camp Lejeune Act of 2022, Hiring a lawyer is critical to facilitate filing your contaminated water claim.
While drafting your claim, you can get expert advice from a personal injury lawyer on the link between esophageal cancer and water at camp lejeune
Besides ensuring you get the compensation you’re entitled to, a lawyer can look into your case, explain the procedure for claiming your financial compensation or health benefits, and bargain for a fair settlement in court.
Also, if you have applied for disability benefits and have been refused, an attorney can help you appeal on your behalf.
See the other toxic tort claims our lawyers have covered.
How Much Will It Cost to File My Camp Lejeune Contamination Case?
You don’t have to pay a penny upfront to file esophageal cancer claims. Most attorneys and law firms work on the so-called “contingency” basis, which means you never pay a penny from your pocket.
The only time they collect charges is if and when you receive compensation for injuries caused by Camp Lejeune water. Their fees are removed from the amount you recover so that you never pay out of pocket.
Most lawyers and law firms collect a contingency fee of 30 percent to 40 percent of the settlement amount.
FAQs
1. Do I Qualify for Disability Benefits From the Veterans Administration (VA)?
You qualify for disability benefits if you worked at Camp Lejeune or MCAS New River for a minimum of 30 days from August 1953 to December 1987 and did not receive a dishonorable discharge when you left the military.
2. What Are the Presumptive Conditions I Must Have Developed to Deem Myself Eligible?
Presumptive conditions are medical records that show you have at least one of these health conditions: Adult leukemia, Aplastic anemia, and other myelodysplastic syndromes, Bladder cancer, Breast cancer, Kidney cancer, Liver cancer, Multiple myeloma, Non-Hodgkin’s lymphoma, Parkinson’s disease.
3. Who Is Covered, and What Exactly Are the Benefits?
Veterans, reservists, and guardsmen have been included in health care and compensation (payment) benefits for injuries caused by Lejeune water.
4. What Are the Symptoms of Camp Lejeune Water Contamination?
Some of the symptoms that have been reported in people who were exposed to the Camp Lejeune contaminated water include prolonged fatigue/weakness, neurological problems, fever, infections, weight loss, cancer, swollen lymph nodes, birth defects, bleeding or bruising, reproductive problems, liver damage, and more.
Get a Free Consultation With Our Attorneys
We’ve been helping families get justice for 20 years, and we have the experience and knowledge needed to make sure that your claim is thoroughly evaluated.
Our lawyers at Schmidt & Clark, LLP are standing by to provide you with a free consultation. All you have to do is call us or contact us online to set up an appointment with one of our experienced attorneys.
References:
- https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/
- https://www.atsdr.cdc.gov/sites/lejeune/qa_healthstudyactivities.HTML
- https://www.consumernotice.org/legal/camp-lejeune-lawsuits/
- https://www.publichealth.va.gov/exposures/camp-lejeune/