Located in North Carolina (NC), Camp Lejeune is a military base with a population of 120,000. It’s home to numerous military families, veterans, civilian workers, etc. However, water contamination lawsuits have plagued this Navy base for many years.
Today, most of these lawsuits are pending because the judges and the government are taking advantage of various legal loopholes. For example, a small NC rule prevents out-of-state lawyers from fighting for three or more clients in this state. Due to that, a judge refused to take Camp Lejeune cases from lawyers who aren’t registered in North Carolina.
In this blog, we will discuss the water contamination incident and a legal loophole that’s threatening the outcome of these cases.
What Happened at Camp Lejeune?
At military bases, the government is responsible for offering amenities like safe drinking water, healthcare, recreational activities, etc. Hence, the residents of Camp Lejeune trusted the government and used the amenities provided.
Little did they know that since 1953, the drinking water was contaminated with dry cleaning solvents due to an illegal off-base waste disposal method. It wasn’t until 1987 that researchers found trichloroethylene, perchloroethylene, and other contaminants in the water.
By then, it was too late because over one million people were exposed to the harmful chemicals. These civilians and veterans developed health issues like different types of cancer, multiple myeloma, Lou Gehrig’s disease, fertility issues, etc. Since the government knew about the toxicity, the affected individuals filed lawsuits and wanted justice for the wrongdoing.
Where Did the Strike on Jury Trials Come From?
It all started with the 2022 Camp Lejeune Justice Act (CLJA). According to TorHoerman Law, the CLJA allowed veterans, workers, and family members of deceased residents to file new claims against the government. Earlier, these victims couldn’t sue the responsible parties, but the CLJA changed everything. Now, the victims could receive the rightful financial compensation for damages and illnesses.
Based on that, the Camp Lejeune settlement amounts could range between USD 10,000 and USD 1,000,000 or more. Unfortunately, CLJA not only brought much-needed relief to the victims but also stopped the need for jury trials against the government.
Technically, if someone files a Camp Lejeune lawsuit through the CLJA, they aren’t eligible for a jury trial. That’s because the CLJA doesn’t explicitly say that jury trials are allowed.
The plaintiffs soon demanded a jury trial since they wanted more than the ‘appropriate relief’ promised under CLJA. But in November 2023, the government passed a motion specifically aimed at banning jury trials in Camp Lejeune cases.
The government used the ‘no jury’ rule because they wanted a bench trial. Doing so could ensure the verdict’s favorability for the defendants since it would be under a federal judge. Even then, the plaintiffs have a right to a jury trial only when Congress has granted it.
What Have the Lawyers Done to Allow Jury Trials?
Some lawyers believe that the government did this to avoid or delay providing compensation. In response to the ‘no jury’ motion, the lawyers helped the plaintiffs file an opposition in December 2023. They are currently fighting this misguided effort made by the government to ban or stop jury trials.
This motion urges the court to reject the government's appeal. The plaintiffs state that it goes against the initial acknowledgment by Congress that all Camp Lejeune lawsuits have the right to a jury trial. The lawyers also argued that the CLJA intended to give the plaintiffs a chance to tell their story in front of a jury.
These attorneys stated that the government has ‘ruthlessly evaded’ providing compensation to the plaintiffs for many years. For example, they initially tried to cover up the contamination incident and then used loopholes in the technical legal arguments to evade responsibility.
The Camp Lejeune lawyers have asked the judge to consider these instances. That’s because these prove that the defendants have tried to jeopardize or influence the case’s outcome.
The lawyers argue that every long-suffering victim has the statutory right to a jury trial. They stated that the Camp Lejeune plaintiffs should have a jury trial guarantee because the judges will be less generous than the juries.
As of September 2023, over 93,000 lawsuits have been filed under the CLJA. If the judge approves the government’s ‘no jury’ motion, these plaintiffs might not get what they actually deserve.
The Future of the Camp Lejeune Lawsuit
According to Bloomberg Law, victims had until the end of August 2023 to register their Camp Lejeune cases and sue the government. However, they can file cases against the Navy if their claims are rejected within six months. Currently, 1,400 lawsuits have been filed under this notion.
Eventually, the lawyers will select a potential 100 bellwether cases for trial. These will help gauge the weaknesses and strengths of the evidence provided for the majority of the claims. While these won’t have a binding impact on other claims, they will significantly help parties negotiate compensation.
If everything goes right, the Camp Lejeune lawsuit will become the largest mass tort case in history, with claims exceeding USD 3.3 trillion. In total, there are over 129,000 claims filed against the government. Each of these plaintiffs can get individual payouts of up to USD 1,000,000.
In conclusion, the Camp Lejeune lawyers and the government will continue to negotiate parameters for the settlements. It’s only a matter of time before victims start receiving the compensation they deserve.
