The Extensive Terror Camp Lejeune Brought Among American Families
Boca Raton, FL – Over the last century, US army servicemen and women were unknowingly exposed to a broad range of toxic substances improperly stored on or close to military bases across the country. Although contamination was unintentional, numerous soldiers stationed with their families at such locations were exposed to hazardous toxins known to produce debilitating and life-threatening illnesses.
North Carolina’s Camp Lejeune is perhaps the most notorious case of long-term toxic contamination at US army bases, with the Department of Veterans Affairs (VA) estimating that up to 1 million troops and their loved ones living on the site were exposed to severe health hazards for more than 30 years. Despite contamination being recognized and qualifying sufferers for VA benefits, affected veterans and their families have been repeatedly denied compensation due to the complicated bureaucratic process resulting in an unreasonably high rate of rejected toxic injury claims.
Camp Lejeune’s Toxic Legacy
Although rarely brought up, the regrettable truth is that most US veterans were exposed to harmful substances during their service, either while training, performing their duties, or just by being stationed in contaminated areas. Some of the most infamous hazardous toxins veterans came into contact with include asbestos, agent orange, and long-lasting per- or polyfluoroalkyl substances (PFAS) known as “forever chemicals.”
Between 1953 – 1987, nearly 1 million marines and their families stationed at Camp Lejeune faced a high contamination risk from volatile organic compounds (VOC) found in oil, radioactive waste, industrial chemicals, degreasers, and solvents. Up to 70 contaminants were identified across the base’s grounds in concentrations 240 to 3400 times higher than acceptable safety limits.
Among the most hazardous substances contaminating the base are known carcinogens like trihalomethanes, benzene, perchloroethylene, vinyl chloride, halogenated hydrocarbons, and perchloroethylene. Prolonged exposure to these toxins leads to their progressive build-up in bodily tissues and organs, resulting in life-threatening illnesses such as cancer (several types), liver defects, infertility, miscarriage, congenital issues, sclerosis, and neurodegenerative conditions like Parkinson’s disease.
Toxic Injury Claims Repeatedly Rejected by VA “Experts”
The extensively-proven toxic contamination at Camp Lejeune determined Congress to pass legislation in 2012 to provide affected veterans and their families access to adequate healthcare and medical benefits. Accordingly, the VA established a set of guidelines meant to determine the eligibility of toxic injury claims, employing “subject matter experts” to confirm the service-related status of each individual claim.
An investigation into VA personnel records uncovered concerning facts regarding the credentials of several “experts” tasked with approving claims. Notably, several of the claimed experts were only skilled in general and preventive medicine, being critically unqualified to appropriately evaluate the types of conditions Camp Lejeune veterans and their relatives were experiencing.
As a result of this strategy, toxic injury claims approval rates drastically dropped from an average of 25% to a paltry 5%. While the VA disputed these facts and provided its own statistics beginning from 2011, the Department’s figures likewise indicate a severe decrease in claim approvals after allowing “subject matter experts” to determine eligibility.
At a national level, only 1% – 4.5% of Camp Lejeune toxic injury claims were approved between 2013 and 2016. Out of the 1314 claims filed by veterans in Missouri between 2011 and 2019, a shocking 82% were denied.
Limited progress was achieved in 2017 after Congress and the VA determined that 8 illnesses would be classified as Camp Lejeune presumptive conditions, slightly increasing claim approval rates that kept lingering under 25%. While veterans consider the Department’s efforts to move in the right direction, they also believe that the list should be amended to include a wider range of conditions associated with Camp Lejeune’s contamination.
Honoring our PACT Act of 2022 Passes House and Senate Votes
More than 800 lawsuits stemming from Camp Lejeune’s contamination were consolidated in a North Carolina MDL by 2016; however, the multi-district litigation was unfortunately dismissed due to technicalities involving the state’s statute of repose. As a result, thousands of affected veterans and their kin were left without the possibility of legal recourse after exhausting all available appeal avenues against the MDL’s dismissal.
The US military’s long-standing toxic exposure issue received much-needed recognition after President Biden took office in 2021, with Matt Cartwright submitting the Camp Lejeune Justice Act of 2021 to the House of Representatives in March. Although the bill was scarcely addressed and its progress ultimately halted, it was redrafted in 2022 and resubmitted to the House with strong bipartisan support.
The bill was eventually merged into the more encompassing Honoring our PACT Act of 2022, which aims to establish adequate benefits and compensation for veterans impacted by service-related toxic exposure. As expected, the bill passed both the House and Senate votes and was signed by Joe Biden in early August.
The Honoring our PACT Act enables Camp Lejeune victims to submit federal lawsuits, effectively bypassing North Carolina’s previously problematic statute of repose. Veterans and affected family members can file their lawsuit within 2 years of the bill’s passing or since they have been diagnosed with a Camp Lejeune-related condition. Moreover, 23 new diseases have been added to the list of presumptive conditions, and the burden of proof has been significantly reduced for plaintiffs who can now cite a valid study linking their condition to the base’s contamination as sufficient proof.
The US army’s progress in tackling the long-standing issue of toxic exposure in its ranks has dragged on at a slow pace for decades, leaving many veterans who dutifully served their country to struggle with debilitating illnesses on their own. Fortunately, the passing of the Honoring our PACT Act represents a light of hope for millions of veterans who can now access the long-overdue support and compensation their faithful service entitles them to.
About the Author
Jonathan Sharp presently serves as CFO at Environmental Litigation Group, P.C., a law firm in Birmingham, Alabama, that specializes in toxic exposure cases and helps veterans and their families affected by toxic exposure on military bases including Camp Lejeune, NC.
