Camp Lejeune Lawsuit: ClashBetween Congress Intentions &Plaintiff Expectations

The water contamination tragedy of North Carolina’s Camp Lejeune was the worst of
its kind in US history. For three decades (1953 – 1987), this Marine Corps Base’s
residents consumed water polluted with Volatile Organic Compounds (VOCs).
Even after the contamination was detected in 1982, the three polluted supply tanks
were closed only in 1985. At the time, little did the veterans, civilians, or even the
government know the future repercussions. Over the next decade, hundreds and
thousands of cases of life-threatening conditions were reported.

President Obama offered the victims (estimated to be nearly one million) free medical
aid. In August 2022, President Joe Biden waved the torchlight of hope with the Camp
Lejeune Justice Act (CLJA). The Bill paved the way for legal justice and monetary
compensation for the losses suffered.
It will soon be two years since the CLJA’s passing and frustrations continue to rise
over delayed justice. Even the journey to this point has had its highs and lows. In this
article, we will discuss the Camp Lejeune lawsuit in detail to examine how the
plaintiff’s expectations are clashing with Congress’ intentions.

All Talk and No Show During Initial Months

As per TorHoerman Law, most plaintiffs under this litigation suffered horrific
injuries, including cancer of the blood, bladder, breast, and Parkinson’s disease,
among others. Some even developed multiple conditions known to be associated with
the Camp’s toxic waters.
Given the fact that legal justice was offered decades after the incident and the serious
nature of the injuries, one would expect the government to resolve claims speedily.
However, the opposite seemed to be true, especially during the initial months after the
CLJA was passed.
Even with thousands of claims awaiting resolution, not a single one was resolved. The
Navy had promised to launch an online portal for easy claims resolution and
management. In May 2023, questions arose as to what was causing the delay. The
Navy’s attorney claimed that the delays were a result of funding and staffing
shortages.
By that time, hundreds of claims had turned into lawsuits due to the fulfillment of the
six-month resolution deadline. The plaintiff’s counsel was confident that the
government was desperately trying to drag the litigation in hopes of dishing out
unfair payouts.

Elective Option: The DOJ’s Attempt to Fast-track Claims

Fast-forwarding a few more months, the Navy came forth with an entirely novel
solution – the Elective Option – in September 2023. Also known as the voluntary
settlement program, the Elective Option was introduced to resolve certain high-
priority claims.
As with all things in life, this option also had a separate price. Though claimants could
have their case resolved sooner, the compensation awarded would be less than that of
a lawsuit. Moreover, plaintiff lawyers argued that the Elective Option would not make
sense in a majority of cases.

In other words, it may be a suitable or the only choice for claims where a direct link
between the claimant’s injuries and the toxic waters cannot be established. Otherwise,
straightforward cases involving multiple injuries would lose thousands of dollars with
this settlement method.
As for the Navy Judge Advocate General (JAG), the Elective Option is the easier choice.
Its simplified rubric would let them focus on a few key aspects of the claim, mainly the
type of injury. For veterans eager to receive justice before passing away, voluntary
settlement could be the sole path to take.

Negligible Progress and Plaintiff Frustrations

Even early this year, the Camp Lejeune lawsuit update was that most cases were stuck
due to the unattractive Elective Option and disputes over a jury trial. Despite the cons
of the voluntary settlement program, are some claimants/plaintiffs accepting the
government’s offer?
Yes, with a few even embracing it. This does not nullify the fact that this method only
accelerates the resolution process. It fails to serve the victims the justice they deserve.
There have been several concerns in the past two months itself.
For instance – The DOJ made 58 offers in February 2024 based on case qualifications.
Out of those, 24 were only accepted. From the remaining, 25 expired, 2 were rejected,
and 7 are still awaiting a response. The progress somewhat remained stagnant for
March.
Out of the 59 settlement offers made by the DOJ, just 24 received positive responses.
Currently, 8 are pending, 2 were rejected, and 25 expired. Can we call the Elective
Option an utter failure?
Perhaps it is still too early to do so. One thing is crystal clear – There needs to be a
better actionable plan that facilitates faster claims resolution. After all, 1,662 lawsuits
and over 170,000 administrative claims are pending.

Meanwhile, the pretrial discovery process has progressed and offers much hope to the
plaintiff’s counsel. Though there will be no jury trial for Camp Lejeune cases, the
bench trial option is expected to fast-track individual settlements.
Congress may have genuinely intended to offer timely fair compensation but till now,
its attempts have only led to plaintiffs’ frustration. Since the CLJA, numerous
claimants have succumbed to their injuries or natural causes of death.
What shall we say regarding their expectations? The only thing left to do is to hope for
a better outcome from the upcoming trials.