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Florida Camp Lejeune Water Contamination Lawsuit

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

If you lived or worked at Camp Lejeune between 1953 and 1987, you may be entitled to $100,000-$550,000 in compensation. The Camp Lejeune Justice Act of 2022 opened a limited window to file claims. Key deadlines:

  • Claims filing deadline: August 10, 2024
  • Initial trials begin: March 2024
  • Fast-track settlements expected for qualifying cases

The Camp Lejeune water contamination lawsuit offers a chance for those affected to seek justice. If you or a loved one have been impacted, Schmidt & Clark, LLP is here to help you pursue the compensation you deserve.

Florida Camp Lejeune Water Contamination Lawsuit

For years, Camp Lejeune’s water contamination has been a significant concern for veterans, their families, and the community. The Camp Lejeune Justice Act of 2022 has provided an avenue for compensation and justice for those affected by this tragic situation.

This legislation has had a profound impact on the Florida Camp Lejeune Water Contamination Lawsuit, allowing victims to pursue their claims and seek the justice they deserve.

Camp Lejeune Lawsuit Justice Act of 2022

The Camp Lejeune Justice Act of 2022 was a much-needed legislative measure that allowed victims of water contamination to seek compensation for their injuries and illnesses [1].

Eligible claimants include those who resided, were employed, or were affected as unborn children at Camp Lejeune between 1953 and 1987 and who were exposed to the contaminated water for a minimum of thirty days.

Filing a claim under the Federal Tort Claims Act requires claimants to first submit their claim to the Department of Defense, the federal agency overseeing the Marine Corps Air Station.

If the claim is denied, a civil suit can then be brought in the Eastern District of North Carolina, with each case standing independently. This Act has paved the way for countless victims to seek the justice and compensation they rightly deserve.

Camp Lejeune Lawsuit Updates

Keeping updated on the unfolding developments in the Camp Lejeune lawsuit process is beneficial. Here are some key points to note:

  • Both parties in the MDL have requested a deferral of all case timelines until September 1st to formulate a proposed Global Case Management Order.
  • Plaintiffs have contested the government’s “barebones” defenses in court.
  • The Department of Justice is facing pressure to address the 900 toxic water lawsuits filed and devise a plan to provide fair settlement offers to victims.

The initial trials for Camp Lejeune are scheduled to commence in 2024, with discovery for track 1 illness trials anticipated to conclude within 120 days. These trials are expected to begin in March 2024. Affected individuals should keep abreast of the latest news regarding Camp Lejeune as the legal landscape continues to evolve.

The Impact of North Carolina Law on Florida Lawsuits

North Carolina’s 10-year “statute of repose” has presented challenges for victims seeking compensation in Florida Camp Lejeune lawsuits. This stringent regulation precluded individuals from initiating legal action once the statute lapsed, even if they were unaware of the contamination until after the expiration date.

However, the Camp Lejeune Justice Act of 2022 has granted Florida Camp Lejeune victims the opportunity to seek compensation through federal court, bypassing North Carolina law.

In North Carolina, wrongful death claims and survival actions can be pursued in the case of a deceased individual, with the personal representative of the decedent’s estate having the authority to bring a wrongful death lawsuit. Victims seeking justice and compensation need to comprehend how North Carolina law influences Florida lawsuits.

The Role of Veterans Affairs in Florida Camp Lejeune Claims

The Department of Veterans Affairs (VA) plays a crucial role in assisting Camp Lejeune victims in Florida. The VA may provide medical expense coverage and, for certain illnesses and diseases, disability compensation for those affected by the contaminated water at Camp Lejeune [2]. This assistance plays a role in the ongoing Camp Lejeune litigation.

The Cause Of the Contamination in the Groundwater at Camp Lejeune

The contamination of Camp Lejeune’s groundwater, caused by contaminated drinking water exposure, can be traced back to toxic chemicals present in the water, which have had a significant impact on the health of those exposed.

For victims seeking justice and compensation for their injuries and illnesses, understanding the cause of this contamination is of great importance.

“Multiple contamination sources were identified and included leaking underground storage tanks and waste disposal sites.”- Agency for Toxic Substances and Disease Registry (ATSDR)

What Toxic Chemicals Were Found in the Groundwater at Camp Lejeune?

Toxic chemicals that were found in the groundwater at Camp Lejeune include Benzene, Vinyl chloride (VC), Trichloroethylene (TCE), and Perchloroethylene (PCE).

These chemicals originated from industrial activities, improper disposal of chemicals, and leaking underground storage tanks.

Exposure to these chemicals has been linked to liver cancer, liver cirrhosis, and various types of cancers in the brain, lungs, and other soft tissues.

Health Issues Due To Exposure to These Chemicals

Exposure to the toxic chemicals present in Camp Lejeune’s groundwater has been associated with numerous cases of congenital disabilities, cancer diagnoses, and serious degenerative conditions necessitating health care benefits such as:

Exposure to the toxic chemicals present in Camp Lejeune’s groundwater has been associated with numerous health conditions.
Based on the Department of Justice’s Elective Option, these conditions are grouped into compensation tiers:

Tier 1 ($450,000 – $550,000)

Tier 2 ($400,000 – $500,000)

Other Associated Conditions

While not specifically listed in the top tiers, the following conditions have also been linked to Camp Lejeune water contamination:

It’s important to note that compensation amounts may vary based on the duration of exposure and whether the case involves a wrongful death.

The severity of these health issues underscores the importance of recognizing the need for justice and compensation for those affected.

Who Qualifies For A Florida Camp Lejeune Water Contamination Settlement?

Individuals who resided, worked, or were exposed to toxins in the water at Camp Lejeune for 30 days or more between August 1953 and December 1987 qualify for a Florida Camp Lejeune water contamination settlement.

In addition to meeting these criteria, claimants must also provide evidence of a connection between their medical condition and exposure to contaminated drinking water at Camp Lejeune.

Damages That You Can Recover From a Camp Lejeune Water Contamination Lawsuit

Victims seeking compensation through a Camp Lejeune water contamination lawsuit may be eligible for various types of damages, including:

  • Medical expenses
  • Property damage
  • Loss of income
  • Pain and suffering
  • Other economic and non-economic forms of harm

The amount of compensation awarded will depend on the severity of the medical condition and the damages incurred.

Camp Lejeune Water Contamination Lawsuit Settlement Amounts in Florida

The Camp Lejeune water contamination lawsuit has seen significant developments since the passage of the Camp Lejeune Justice Act in 2022. Here’s the latest on the settlement progress:

As of November 2024, over 166,000 administrative claims have been submitted to the Department of the Navy (DON), with 2,089 lawsuits filed under the Camp Lejeune Justice Act (CLJA) as of September 2024.

Recent Settlement Amounts

The Department of Justice has proposed a tiered settlement structure:

  • Tier 1 ($450,000 – $550,000): For severe conditions like bladder cancer, kidney cancer, leukemia, liver cancer, and non-Hodgkin lymphoma.
  • Tier 2 ($400,000 – $500,000): For conditions including kidney disease, multiple myeloma, Parkinson’s disease, and scleroderma.

Notable Case Outcomes

  • Three cases have been settled for a total of $850,000.
  • A new case was filed with a demand of $100 million.
  • Only 17 out of 166,000+ claims have been settled via the government’s fast-track settlement process.

Current Litigation Status

The litigation is in the discovery phase, with both parties gathering evidence. The government has already produced over 18 million pages of documentation as part of this process.

Florida Camp Lejeune victims seeking compensation for their injuries and illnesses caused by water contamination may be eligible for settlement amounts ranging from $100,000 to $550,000, depending on the severity of their medical condition.

Pursuing Both VA Benefits and Legal Compensation in Florida

With the opportunity to pursue both VA benefits and legal compensation, these victims have multiple avenues to seek the financial support they need.

Florida Camp Lejeune victims, including Camp Lejeune veterans, have the option to pursue both VA benefits and legal compensation to address the financial and medical hardships they face due to their exposure to contaminated water.

The Camp Lejeune Justice Act of 2022 does not impede eligibility for VA disability or health care benefits, allowing victims to explore both avenues of support.

Filing a Florida Camp Lejeune Water Contamination Lawsuit

To file a Florida Camp Lejeune water contamination lawsuit, claimants must first submit an administrative claim to the Judge Advocate General for the Department of the Navy. This is a necessary step before any Camp Lejeune lawsuit can be initiated.

Once a determination has been made on the administrative claim, a lawsuit may be filed in the designated U.S. federal court in North Carolina. For victims seeking justice and compensation, understanding the lawsuit filing process is of utmost importance.

Documentation Requirements for Florida Claimants

Florida Camp Lejeune claimants need to gather the necessary documentation to file a successful Camp Lejeune claim.

This includes proof of residence at Camp Lejeune, medical records demonstrating any injuries related to water contamination, and a DD Form 214 (DD214) [3].

To file a successful Camp Lejeune claim, claimants must gather specific documentation. Here are the key documents required:

Military Records Needed

  • DD Form 214 (Certificate of Release or Discharge from Active Duty)
  • Official Military Personnel File (OMPF)
  • Military orders
  • Transfer orders
  • Awards or commendations
  • Medical Documentation Required

Medical Records Needed

  • Medical records showing diagnosis of covered health conditions
  • Date of diagnosis and treatment
  • Camp Lejeune Family Member Program Treating Physician Report (VA Form 10-10068b) (optional but helpful)

Residence Proof Options

  • Tax forms
  • Utility bills
  • Base housing records
  • Leasing agreements
  • School enrollment forms
  • Insurance policy information

Employment Verification

  • Employment records for civilian workers
  • Social Security employment records

VA Claims Documentation

  • Camp Lejeune Family Member Program Claim Form (VA Form 10-10068a)
  • Itemized billing statement from health care provider
  • Explanation of Benefits from other health insurance (if applicable)

Providing comprehensive documentation strengthens the claim and increases the likelihood of receiving compensation.

If obtaining these records proves challenging, legal professionals specializing in Camp Lejeune claims can offer assistance in gathering the necessary documentation.

Navigating the Federal Court System from Florida

Navigating the federal court system when filing a Camp Lejeune water contamination lawsuit from Florida may seem daunting. Still, with the help of a knowledgeable attorney, claimants can successfully pursue their Camp Lejeune cases.

The lawsuit must be filed in the designated U.S. federal court in North Carolina, and the process for Camp Lejeune lawsuits is identical to those filed from any other state.

Understanding the intricacies of the federal court system and collaborating with competent Camp Lejeune lawyers enables Florida Camp Lejeune victims to pursue justice and compensation for their injuries and illnesses confidently.

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Have you or a loved one been injured or exposed to a toxic chemical at work or in the home that has caused a severe life-threatening side effect, illness, disease, or death?

FAQs

1. Who can file a Camp Lejeune water contamination lawsuit in Florida?

Individuals who lived or worked at Camp Lejeune for at least 30 days between 1953 and 1987 and developed health issues may be eligible to file a lawsuit in Florida.

2. What health conditions are linked to Camp Lejeune water contamination?

Health conditions linked to the contamination include various cancers, neurological disorders, birth defects, and other serious illnesses due to exposure to toxic chemicals in the water.

3. How do I start a Camp Lejeune water contamination lawsuit in Florida?

To start a lawsuit, contact an experienced attorney specializing in environmental and toxic tort cases to evaluate your eligibility and guide you through the legal process.

Get Your Free Consultation From Florida Camp Lejeune Water Contamination Lawyers

If you or a loved one has been impacted by the water contamination at Camp Lejeune, our team at Schmidt and Clark, LLP is ready to stand by your side. We are well-versed in these types of cases and are committed to guiding you through each step of the legal process.

You deserve to comprehend your legal rights and potential for a lawsuit fully. We offer free consultations, and our clients are not charged unless we achieve a positive result for their case.

Contact Schmidt and Clark today for a thorough assessment of your case. Allow us to be your reliable ally in this journey.

Reference:

  1. https://news.va.gov/114142/new-measure-camp-lejeune-file-lawsuits/
  2. https://www.publichealth.va.gov/exposures/camp-lejeune/#:~:text=In%20accordance%20with%20the%202012,Breast%20cancer
  3. https://www.va.gov/disability/how-to-file-claim/evidence-needed/

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