In 1982, a shocking discovery was made on the grounds of North Carolina’s Camp Lejeune. It was found that three water tanks across the Base – Tarawa Terrace, Holcomb Boulevard, and Hadnot Point – were contaminated with Volatile Organic Compounds (VOCs).
Despite this discovery in 1982, the three polluted wells were only shut down in 1985. The compounds contaminating the Camp’s water were so dangerous that all those who consumed it were at risk of developing life-threatening health conditions.
As expected, unfortunate cases of cancer, Parkinson’s disease, female infertility, etc. started emerging. By 2012, victims were granted free medical care by the Obama administration. However, President Joe Biden opened the door to legal justice in August 2022.
He officially passed the Camp Lejeune Justice Act (CLJA), under which the Federal government would give up its sovereign immunity in court. Camp Lejeune victims could file an administrative claim first, followed by a lawsuit (in case no resolution was made within six months).
The litigation’s filing window is to remain open till August 2024. In the ongoing legal battle, a breakthrough was expected as of January 2024. What is that breakthrough, is it here yet, and how will it impact the litigation’s progress? This article will answer all these questions.
The Slow Start Followed by Some Progress
After the CLJA was officially passed, Camp Lejeune victims were looking forward to speedy justice. After all, they had already been waiting for decades. All started on a positive note as thousands of claimants filed their administrative claims with the Navy JAG.
According to TorHoerman Law, the Navy made no visible efforts to accelerate the resolution process as the months passed. Claimants were becoming increasingly frustrated because many were old and frail due to age and disease. They feared they would never live to see the day of their justice.
The Navy’s attorney held a lack of staffing and funding responsible for the resolution delays. The plaintiff’s counsel sensed something fishy, believing this was the government’s move to avoid paying fair Camp Lejeune water contamination settlement amounts.
Thankfully, some good news awaited the plaintiffs in the form of the government’s early settlement program or elective option. This was not suited for most cases (especially those with a direct link between their injury and the Camp’s contaminated water). Later, it was also found that nearly 85% of claims would not even qualify for the elective option.
So, the litigation was sailing along significant ebbs and flows. The plaintiff’s counsel was making tremendous efforts to push for a jury trial. At the same time, the government kept asking for more time. It even went far enough to claim that the CLJA made no provisions for the victims to get a jury trial.
The Anticipation Surrounding a New ATSDR Report
Around this time, news began circulating that the government was about to release the 2023 ATSDR Cancer Incidence Study. As prepared and published by the Agency for Toxic Substances and Disease Registry, this report was claimed to be a breakthrough in the litigation.
An epidemiologist termed it ‘ground-breaking’ because it would have more information on Tier 1 cancer cases. At the same time, both sides were preparing for the first trials, expected to be held as early as April 2024.
The government was certainly reluctant because it knew the new report could turn the tables in the plaintiffs’ favor.
Study Release and Findings
Finally, the wait was over as the ATSDR report was released on February 2nd, 2024. Much of its findings were not exactly a surprise for the plaintiff’s attorneys. It would only serve as concrete evidence that their stand against the government had always been right.
For instance – the study reported that especially between 1975 and 1985, those stationed at Camp Lejeune were more likely to develop certain cancers when compared to military personnel across other Bases (such as Camp Pendleton).
This study discussed things like confidence intervals and hazard ratios. In other words, such things indicate how Camp Lejeune residents were more likely to develop certain cancers (compared to residents across other Camps) and how confident researchers are in these findings.
For instance – Suppose the hazard ratio for bladder cancer is 1.42. This means that Camp Lejeune residents were 42% more likely to develop bladder cancer when compared to residents of Camp Pendleton. Let’s look at the increased rates for specific cancers (in the case of military personnel) as discovered in the ATSDR report –
- Thyroid cancer – 22% more likely
- Myeloid cancers – 24% more likely
- Acute myeloid leukemia – 38% more likely
- Soft tissue cancers – 21% more likely
- Cancer of the larynx – 21% more likely
- Cancer of the esophagus – 27% more likely
As for civilian workers across the Base, the following increased rates were observed –
- Female ductal breast cancer – 32% more likely
- Squamous cell lung cancer – 63% more likely
- Myeloid cancers – 40% more likely
These percentages give a clear idea of how risky being stationed at Camp Lejeune was (since both military servicemen and civilians had greater chances of developing life-threatening health issues).
So, what are the cancers that entered the picture with this report (at least for some lawyers)? These include lung cancer, thyroid cancer, laryngeal cancer, pharyngeal cancer, and colon cancer.
Now that the report has been published, the plaintiff’s counsel is increasing its pressure for speedy settlements. This makes sense since this side has enough official proof against the defendant. As of now, the court has established the deadlines and steps for the trial’s Track 1 discovery pool.
The government is still pushing for delays, and will likely do so to avoid making fair settlements. In any case, the ATSDR report is here and is a breakthrough (as expected).
