Camp Lejeune Wrongful Death Lawsuit

The newly enacted Camp Lejeune Justice Act of 2022 provides victims of Camp Lejeune water contamination and their family members the ability to file suit and recover damages.  Family members of individuals who were exposed to toxic water contamination at Camp Lejeune and later passed away from conditions linked to the contaminated water have the ability to file a Camp Lejeune wrongful death claim. Contact the Camp Lejeune wrongful death lawyers at Marin and Barrett, Inc. at (888) 348-2735 today for a free, no obligation initial consultation.

Who Is Eligible to File A Camp Lejeune Water Contamination Wrongful Death Lawsuit?

Over one million people who were present at North Carolina’s Marine Corps base Camp Lejeune between 1953 and 1987 were exposed to toxic chemicals in the contaminated military base tap water and bathing water supply.  Our Camp Lejeune lawsuit lawyers are helping individuals whose loved ones were exposed to water contamination at Camp Lejeune and later passed away from serious health problems, health complications and other medical issues that later developed or were diagnosed. Individuals can file claims for damages on behalf of their deceased loved ones who were:

• Veterans
• Family Members
• Civilian Workers
• Others who lived or worked on the military base

One of the most difficult and stressful life events a person will have is losing a parent, grandparent, or family member to severe disease or an accident. The emotional toll and financial burden it can leave on families impact them years later. 

It’s important for families to realize that sometimes a third party is at fault. The perspective we are presenting may be difficult for some to accept, but our personal injury attorneys can relieve some of the financial burden a family may be experiencing and serve justice to those who have caused harm with the intention of preventing similar incidents in the future. 

A very large example of third party responsibility for significant harm including disease, emotional trauma and financial stress, and suffering is the United States Federal Government’s actions related to the Camp Lejeune contaminated water supply.  For decades, the United States Government allowed underground storage tanks, a base dry cleaner, and waste disposal sites to leak dangerous chemicals into the Tarawa Terrace and Hadnot Point water treatment plants.  These water treatment plants failed to test their water supply leading to nearly 50 years of toxic water exposure at Marine Corps Base Camp Lejeune.

What Health Problems Have Been Linked to Wrongful Death at Camp Lejeune?

Did you have a parent, grandparent, or another family member who worked at or was stationed at Marine Corps Camp Lejeune for more than 30 days between 1953 and 1987 and passed away from one of the following diseases, cancers, a birth defect or fetal death (miscarriage) or other medical condition listed below? If you believe that your loved one was stationed at Camp Lejeune, whether it be boot camp, advanced infantry training, or spent significant time at the military base, and they were diagnosed and passed away from one of the medical conditions listed below, you may be able to bring a Camp Lejeune wrongful death lawsuit on their behalf to recover financial compensation through a fair settlement of a Camp Lejeune lawsuit for the harm that they suffered and medical expenses that they incurred.  The list of conditions with a presumptive service connection include:

• Kidney Cancer
• Non-Hodgkin’s Lymphoma
• Multiple Myeloma and other myelodysplastic syndromes
• Leukemia (all types)
• Liver Cancer
• Central Nervous System Cancer (brain or spinal cord)
• Miscarriage
• Infertility (male or female)
• Bladder Cancer
• Parkinson’s Disease
• Kidney Disease
• Pancreatic Cancer
• Breast Cancer (male or female)
• Rectal Cancer
• Prostate Cancer
• Esophageal Cancer

Those whose loved ones, including military veterans, military family members, and civilian base workers, suffered from other health issues after being exposed to toxic chemicals in Camp Lejeune’s drinking water supply include lung cancer, renal toxicity, hepatic steatosis, cervical cancer, cardiac defects, fatty liver disease, brain cancer, birth defects, colon cancer, and ovarian cancer may be eligible for financial compensation. Looking for more information, legal advice and help taking legal action? Read some of the most common questions below that we hear from our clients.

What is a wrongful death lawsuit? 

A wrongful death lawsuit may be filed when a person dies as a result of the misconduct or negligence of another. The purpose of this type of lawsuit is to compensate the survivors for their losses. Among the types of losses that a wrongful death claim can recover financial compensation for are loss of life, loss companionship, lost wages or medical expenses, suffering, and funeral expenses.  The wrongful death attorneys at the Marin and Barrett Law Firm can help you pursue a claim on behalf of your loved one.  In some cases, an individual may be entitled to seek punitive damages to punish the bad actor that caused their harm.  However, in this case the Camp Lejeune Justice Act prohibits punitive damages and claimants are limited to seeking compensatory damages through the administrative process or ultimately through a Camp Lejeune lawsuit.

How is a Camp Lejeune wrongful death lawsuit statute of repose different than the statute of repose in other types of wrongful death lawsuits?

In most wrongful death lawsuits, the time in which the family or survivors have to file a lawsuit depends on state law. This is known as the statute of repose. Most fall in the range of one to ten years, with two to three years being the most common. Camp Lejeune is a unique case due to the passing of the PACT Act by the federal government. While victims or their families have two years to file a lawsuit since the Pact Act passed this past August 2022, the Act has waived the defense of the statute of repose and statute of limitations so that loved ones may file a Camp Lejeune wrongful death claim regardless of when the loved one passed away, as long as they can satisfy the other lawsuit conditions.  However, the Camp Lejeune Justice Act of 2022, part of the PACT Act, sets a strict two year statute of limitations for all Camp Lejeune water contamination claims. The two years commenced on August 10th, 2022 and all claims must be filed before August 10th, 2024.

Who can file a wrongful death lawsuit? How is the Camp Lejeune wrongful death claims different from other lawsuits?

A victim’s surviving spouse or family can file a wrongful death lawsuit. What is unique about Camp Lejeune’s water lawsuits is the length of time that has passed since the exposure to the toxic water. Normally, our team works with the victim’s spouse or children to file a lawsuit. In the Camp Lejeune lawsuits, we not only hear from the victim’s spouse or their children, but we are also hearing from the victim’s grandchildren as well as other relatives who wish to pursue claims on behalf of their loved ones. In some wrongful death cases, an individual may be entitled to seek punitive damages to punish the bad actor that caused their harm.  However, in this case the Camp Lejeune Justice Act prohibits punitive damages and claimants are limited to seeking compensatory damages through the administrative process or ultimately through a Camp Lejeune lawsuit.

I have a grandfather that passed away from cancer and was stationed at Camp Lejeune. Can I bring a wrongful death claim on his behalf? 

If your grandfather lived or worked on Marine Corps Camp Lejeune for more than 30 days between the years 1953 and 1987 and was diagnosed with one or more of the following types of medical conditions then yes, you are eligible to pursue a claim on his behalf:

• Kidney Cancer
• Non-Hodgkin’s Lymphoma
• Multiple Myeloma and other myelodysplastic syndromes
• Leukemia (all types)
• Liver Cancer
• Central Nervous System Cancer (brain or spinal cord)
• Miscarriage
• Infertility (male or female)
• Bladder Cancer
• Parkinson’s Disease
• Kidney Disease
• Pancreatic Cancer
• Breast Cancer (male or female)
• Rectal Cancer
• Prostate Cancer
• Esophageal Cancer

What proof will be necessary for to pursue a Camp Lejeune wrongful death lawsuit?

Two items of proof are necessary to begin the claims process in a Camp Lejeune wrongful death case. The first is proof that the decedent lived or worked at Camp Lejeune during the contamination period. As noted above, the years are between 1953 and 1987 and for 30 days or more. The second item of proof is to show they died prematurely from a health condition associated with water contamination. These are all items our legal team will help work with you on receiving. Additionally, to provide a full picture of the harm suffered by water contamination victims and caused by dangerous chemicals, an experienced attorney will attempt to obtain medical records detailing your loved ones medical care and medical treatment as well as military personnel and military service records. This medical evidence will help your water contamination lawyer show how the dangerous chemicals in the water caused these types of cancer.  This type of proof is required to bring successful personal injury claims and obtain maximum compensation on your loved ones behalf.  It is not necessary that your loved one have filed for or received health care benefits or disability benefits to pursue a wrongful death claim based on Camp Lejeune water contamination.

How much compensation can families get for Camp Lejeune wrongful death lawsuits?

The Congressional Budget Office has estimated that the Marine Corps Camp Lejeune claims have projected $6 billion to settle these cases. However, the CBO is ill-equipped to accurately measure the potential liability for the contaminated water supply and the value of claims in these cases. With over 900,000 individuals exposed to toxic water contamination, it is difficult to even estimate the total number of Camp Lejeune water contamination lawsuits that will be filed let alone the value of each water contamination claim for compensation. Additionally, it is unknown how many wrongful death claims will be filed as a result of exposure to volatile organic compounds in the contaminated drinking water at Camp Lejeune and for which disease.

The type of injury or the severity of the disease will likely dictate the settlement amount and individual settlement payouts. While water contamination attorneys predict that lawsuits could range anywhere between $25,000 – $1,000,000 – we feel that the best lens to have on case settlements like this is historic settlements. Any settlement received may impact your ability to receive continued V.A. disability benefits.

Here are a variety of different cases that have been settled in the past related to the different diseases that Camp Lejeune victims are eligible for:

• 2015: Takeda Pharmaceutical agreed to pay to settle claims alleging that it’s diabetes medication Actos caused bladder cancer in patients. The average amount of damages paid out to each individual plaintiff would be nearly $300,000 per case.
• 2018 – $6.8 million verdict – Jury verdict in failure to diagnose kidney cancer where a family sued a Doctor alleging that he chose not to refer the Plaintiff to a urologist for a complete workup, which would have led to a timely diagnosis of his kidney cancer.
• 2015 – $1.6 million verdict—The verdict was rendered against Delaware-based chemical company DuPont after concluding the company’s negligent dumping of C8 chemicals in the Ohio river caused the Plaintiff’s kidney cancer.
• 2008 – $8.0 million verdict—The Plaintiff worked as a seaman for Exxon Shipping Company (later renamed SeaRiver Maritime) for 15 years before he was diagnosed with kidney cancer. He worked on several tankers which transported crude oil and a variety of chemicals. The air on these ships was contaminated with benzene. The 52-year-old Plaintiff ultimately had to have his kidney removed and was forced to retire early.
• 2018: $4.5M settlement for a worker who developed leukemia after a workplace exposure to Benzene and other chemical solvents. After working numerous years at the plant, and regularly being exposed to benzene and solvents, the plaintiff developed chronic myelogenous leukemia (CML).
• 2016: A Philadelphia jury awarded an $824,000 verdict in a benzene leukemia lawsuit. Louis DeSorbo claimed benzene in printing solvents caused his acute myeloid leukemia.

Wrongful Death Claims Under North Carolina Law

Under the Camp Lejeune Lawsuit Act (PACT Act) it was decided that the cases would be filed and handled under North Carolina law. The act and North Carolina law states that civil lawsuits can now be brought on behalf of deceased Camp Lejeune residents or employees who died from injuries related to the drinking water contamination. These cases would be brought under the wrongful death tort laws of North Carolina because that is the location where the harm occurred. 

Two Causes of Action For Camp Lejeune Death

There are two separate causes of action that North Carolina recognizes that can be brought on behalf of someone after they die: (1) a legal claim for wrongful death, and (2) a survivorship claim. Camp Lejeune’s claims are based on North Carolina statutes and can be pursued through the legal process in the Eastern District of North Carolina Federal District Court.