The Camp Lejeune Parkinson's disease lawsuit is a legal action taken by individuals who have developed Parkinson's disease as a result of exposure to the contaminated water at Camp Lejeune, a U.S. Marine Corps base in North Carolina.
These lawsuits are typically filed against the United States government, seeking compensation for medical expenses, lost wages, and pain and suffering associated with 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 firm will deal with every aspect of your case on your behalf and guide you through every stage of litigation.
- The Camp Lejeune Parkinson's Disease Lawsuit is a case that made the headlines following the exposure of tainted water at Camp Lejeune in the 1980s.
- The contaminated water was consumed by thousands of military service members and civilians stationed there.
- This exposure laid the foundation of a class action lawsuit that saw many victims from around the country join together to create one large entity, which then filed for damages against the federal government.
Water Contamination At Camp Lejeune
Between 1953 and 1987, the water system at Marine Corps Base Camp Lejeune in North Carolina was contaminated with various chemicals, such as trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride.
These toxic chemicals have been shown to cause Parkinson's disease, cancer, liver damage, and other serious health issues.
Over 1 million Marines, their families, and civilian employees have been exposed to toxic water at Camp Lejeune. About 100,000 of these individuals may have been exposed to high concentrations of chemicals over the years.
This happened when contaminants leaked into the groundwater used for drinking water, bathing, and washing clothes.
The contaminated drinking water has caused serious health problems for the Marines, their families, and veterans who have served there. Many of them had Parkinson's disease, cancer, and other illnesses. Others have long-term health problems due to the harmful chemicals.
Why Is Parkinson's Disease Linked To Camp Lejeune Water Contamination?
Parkinson's disease is linked to Camp Lejeune water contamination because many of the water contaminants have been linked to the development of Parkinson's disease.
The strong scientific and medical evidence establishes a potential link between contaminants in the water and Parkinson's disease.
Camp Lejeune's water supply was mainly contaminated with toxic substances such as; trichloroethylene (TCE) and tetrachloroethylene (PCE) between 1950 and February 1987.
As a result of this contamination, the potential health outcomes have been minimal amongst veterans and civilians who have experienced exposure to contaminated water.
There is a significantly increased risk of developing Parkinson's disease as a result of long-term occupational exposure to trichloroethylene (TCE), tetrachloroethylene (PCE), and vinyl chloride (VC) in contaminated water.
The Department of Veterans Affairs estimates that about 1 million people were exposed to these contaminants while living at Camp Lejeune. Trichloroethylene (TCE) and tetrachloroethylene (PCE) are known to cause Parkinson's disease.
New Law Allows Camp Lejeune Lawsuits for Parkinson’s Disease
The Camp Lejeune Justice Act was adopted in August 2022. This new legislation gives Camp Lejeune victims and their families new hope and opportunities.
It was enacted to correct what the Camp Lejeune Families Act could not and did not do for many victims of the contamination disaster.
According to the Camp Lejeune Justice Act, victims can file a Camp Lejeune Parkinson's disease lawsuit against the government for compensation for injuries caused by Camp Lejeune and file a water contamination lawsuit.
The statute requires proof that a victim was stationed at the base, working, or otherwise exposed to water at Camp Lejeune for a minimum of 30 years between August 1, 1953, and December 31, 1987.
This federal law overrides the North Carolina statute that previously barred victims from pursuing damages for events at Camp Lejeune related to their exposure to contaminated water.
Those who could not once file a lawsuit and were denied Veterans Administration benefits are allowed to apply for compensation for their losses under the Camp Lejeune Justice Act.
Are Veterans and Their Family Members Covered for Health Care?
One may be eligible for health care benefits if they are the spouse, surviving spouse, dependent child, or family caregiver of a Veteran or service member. Camp Lejeune veterans may also be eligible for health care benefits due to a disability related to your Veteran's service.
In this case, one qualifies for the health care benefits as long as the conditions below are met:
- They worked at Camp Lejeune or MCAS New River for 30 days minimum from August 1953 to December 1987.
- They did not receive a dishonorable discharge when they left the military.
What Is the Average Settlement for Camp Lejeune Parkinson’s Disease Cases?
Cases involving Parkinson's disease at Camp Lejeune will be settled for between $1 million and $1.25 million. This is a significant figure for a mass TORT case.
However, the average Parkinson's disease settlement will likely result in the highest settlement payout of any injury in this litigation.
This legislation ensures that all of the victims receive more than fair Camp Lejeune water contamination settlement amounts as compensation. It is compensation for the pain and suffering they have endured due to the water pollution at Camp Lejeune.
Claimants filing a lawsuit according to the Camp Lejeune Justice Act (CLJA) must demonstrate that they were exposed to the polluted water at Camp Lejeune between 1953 and 1987 and conceived one of the cancer types or other health conditions linked to the water pollution.
This applies to the affected victims of water pollution and those who have lost loved ones and wish to file a Camp Lejeune wrongful death lawsuit.
What Is the Burden of Proof During a Camp Lejeune Parkinson’s Disease Claim?
The burden of proof in a claim related to Parkinson's disease and exposure to contaminated water at Camp Lejeune falls on the individual making a claim. 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 Parkinson's disease 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 Do I Get Started With My Camp Lejeune Water Contamination Case?
It is credible that most successful Camp Lejeune Water Contaminations Cases are settled after a formal complaint is filed in federal court. In most cases, a successful claim will necessitate an attorney's services.
To get started, you should consider the two stages here:
- Determine Your Qualification: The first step in making an official claim is deciding whether or not to make a claim. To file a valid claim, a person must demonstrate that; they spent thirty days at Camp Lejeune from 1953 to 1987, exposed to unsafe water, and suffering from a toxic-exposure-related illness.
- Prepare Your Evidence: One has to gather evidence to demonstrate eligibility when filing a claim. Military records of the person, their spouse, or their children are the most typical ways to prove that they were at Camp Lejeune. The DD214 and NAVMC118 are the most common military documents. Photographs or old letters from addresses in the Lejeune area could also serve as proof of presence. Medical records are typically used to demonstrate illness.
See all related toxic tort lawsuits our attorneys have covered.
How to File a Camp Lejeune Parkinson’s Disease Lawsuit
File an Administrative Claim
The administrative claim process is the next step in filing a claim. The form is also known as "form 95" in some circles.
The claimant must clearly state who they are, how they were exposed, their illness from the toxic exposure at Camp Lejeune, and the number of damages sustained.
The government has 180 days from when the formal administrative claim is filed to accept or deny the claim. The Navy's lawyers will handle the administrative claim for the Camp Lejeune Parkinson’s Disease lawsuit from now on.
Make a Formal Complaint
The formal complaint describes how a person was exposed, their illness, and the damages sustained due to the disease. A lawsuit starts by filing a formal complaint.
The defendant, in this case, will be the United States, and treatment of Justice will represent. When the lawsuit is filed, the government will respond. The next step in a lawsuit is exchanging information between the parties.
In a case of this magnitude, the judge will almost certainly establish rules for how the claims are handled to maximize efficiency.
Prove the Illness Caused by the Toxic Exposure
The final step in the claim process will be proving your entitlement to the government. No one can determine what the absolute value of settlements will be.
The settlement amounts reflect economic loss as well as pain and suffering. Consequently, the evidence of exposure and illness becomes crucial in successfully resolving the claim.
Do I Need to Hire a Lawyer to Represent Me in a Camp Lejeune Contamination Claim?
You will almost certainly need to hire a lawyer to help you file a lawsuit now that the Camp Lejeune Justice Act of 2022 has been passed.
A lawyer can assist in navigating the process and paperwork and representing you in court. They would help you gather the necessary evidence and work with you to obtain the compensation you are entitled to.
The legal process for compensation is time-consuming and involves, among other things, filing specific documents in precise formats at particular times.
Without a thorough understanding of the court and its procedures, you risk being barred from filing simply for failing to provide the necessary documentation on time.
How Much Will It Cost to File My Camp Lejeune Contamination Case?
Every Camp Lejeune lawyer will not be paid until you receive a settlement. So, if you hire our law firm or almost any other law firm in this litigation, you will not have to put up any money or risk losing money. Many firms charge victims a 40% contingency fee for Camp Lejeune claims.
Do I Qualify for Disability Benefits From VA?
You are eligible 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.
What Are the Presumptive Conditions I Must Have Developed to Deem Myself Eligible?
A medical report that shows you have at least one of these illnesses: Adult leukemia, Aplastic anemia, and other myelodysplastic syndromes, Bladder cancer, Kidney cancer, Liver cancer, Multiple myeloma, Non-Hodgkin’s lymphoma, Parkinson’s disease.
Who Is Cornered, and What Exactly Are the Benefits?
Veterans, reservists, and guardsmen are included in health care and compensation (payment) benefits.
What Are the Chemicals in Camp Lejeune Water That Causes Parkinson’s Disease
Chemicals in Camp Lejeune water that causes Parkinson's disease include trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride. These contaminants have been linked to a number of health problems, including cancer, birth defects, and neurological conditions such as Parkinson's disease.
Get an Expert Attorney to Make Your Claims Indisputable!
We've been helping families get justice for 20 years, and we have the experience and knowledge to ensure your claim is thoroughly evaluated.
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