Camp Lejeune Claims Update for Junell & Associates Clients

LAST UPDATED 04/21/2025

Important:  Please bookmark this page for future reference as all Camp Lejeune updates will be posted to this platform. If you have any questions, you may reach us by phone at 800-221-1561 text us at 844-407-1256, or via e-mail at CampL@junell-law.com. It is extremely important you continue to update us with your current contact information (phone, email, address) as there are time constraints involved if an offer is determined on your behalf.

 

Status Update 2/6/2025

Claims

More than 550,000 Camp Lejeune claims were filed with the Department of Navy (DON) by the August 2024 deadline. Of these claims, the DON estimates 100,000 are duplicate claims, leaving approximately 450,000 administratively filed CLJA claims. DON stated they are working through evaluating these claims and weeding out any additional duplicates.

Settlements

In the meantime, the Department of Justice (DOJ) has told the Court that they are looking at an ultimate resolution of the administrative claims and cases filed in court as being treated similarly. The DOJ stated they will not be issuing any settlement offers for administrative claims until the first wave of trials have concluded, unless the claimant pursues the “Elective Option”. To be eligible for the “Elective Option” a claimant must have documentation meeting all of the following requirements:

  • At least 30 days of residential or occupational exposure to Camp Lejeune contaminated water between August 1, 1953, and December 31, 1987
  • Initial diagnosis or treatment of one of the following diagnoses before August 10, 2022:
    • Kidney Cancer
    • Liver Cancer
    • Non-Hodgkin’s Lymphoma
    • Leukemia
    • Bladder Cancer
    • Multiple Myeloma
    • Parkinson’s Disease
    • Stage 4 or 5 Chronic Kidney Diesase/End State Renal Disease
    • Systemic Sclerosis/Systemic Scleroderma
  • Earliest date of diagnosis or treatment of one of the above diagnoses must be not less than 2 years after first exposure and not more than 35 years after last exposure.

 

The Court has not been encouraged by this news so the Court appointed a panel of Settlement Masters to assist in settlement negotiations but has issued a gag order regarding the details of those settlement negotiations.

To date, the DOJ has extended settlement offers to only 114 claimants, resulting in 80 settlements totaling $20,300,000.00. The DOJ previously stated the reason the vast majority of claims have

not received offers was the need for sufficient medical evidence substantiating a qualifying  medical diagnosis limited to the list above, and evidence the claimant was present at Camp Lejeune for 30 days or more between the requisite time frame. However, the DOJ is now holding off on extending any offers until the first track trials conclude. In the meantime, plaintiff attorneys, including our firm, are arguing there is medical evidence and government reports to support the contention that Camp Lejeune water causes more than the nine (9) diseases above.

Trials

There are 2,298 CLJA actions filed in the Eastern District of North Carolina, and these are divided amongst four judges. The first trial will commence in the fall of 2025. Individual cases have been selected for Track One: (1) Bladder Cancer, Kidney Cancer, Leukemia, Non-Hodgkin’s Lymphoma and Parkinson’s Disease. In addition, the Court ruled, plaintiffs were not entitled to jury trials as that was not written in the PACT Act which allowed for Camp Lejeune claims to move forward; this issue is currently being briefed before the United States Supreme Court. In addition, there are bills before Congress to allow jury trials, as well as allow for more judges to try these cases, which would result in added pressure on the government for settlement.

New Laws

On December 22, 2024, the Environmental Protection Act banned all uses of trichloroethylene (TCE), and consumer uses, along with many commercial uses, of perchloroethylene (PCE). These chemicals were found in the Camp Lejeune water and the EPA stated these chemicals pose unreasonable risks to one’s health, even at low levels. The EPA specifically referred to issues surrounding Camp Lejeune and the resulting health issues as justification for banning these chemicals.

The Camp Lejeune Justice Act of 2024 is before Congress but not yet a bill but would allow more judges to be appointed to try cases, expand the ability to bring a claim, and expand the damages to go beyond diseases and include other harms as well.

Summary

At this juncture, the Court and DOJ are not conclusive as to the extent of the list of diseases that could be compensable nor is there a consensus as to a fair settlement amount for substantiated diseases. We will continue to work with DON, DOJ, the courts and other plaintiff counsels to ensure justice is achieved in the best interest of our clients.

 

Status Update 11/5/2024

More than 550,000 Camp Lejeune claims were filed with the Department of Navy by the August 2024 deadline. Of these claims, the JAG estimates 100,000 are duplicate claims leaving the number of Camp Lejeune claims at probably 450,000. JAG stated they are working through evaluating these claims and weeding out the duplicates, but it will take time given the volume.

JAG and the Department of Justice have also agreed that to help streamline the claim reviews and accelerate settlement efforts, they will attempt to expedite offers to those who can readily prove they were on Camp Lejeune at a single point in time, typically in personnel files. Under this approach, eligible claimants will receive offers based on evidence proving their 30 days of presence on Camp Lejeune. Those claimants can also provide additional documentation to enhance the settlement offer by showing an extended duration on Camp Lejeune.

To date, the JAG has extended settlement offers to 114 claimants, resulting in 80 settlements totaling $20,300,000. JAG has stated the reason the vast majority of claims have not received offers is the need for the medical records proving medical diagnosis and evidence the claimant was present at Camp Lejeune for 30 days or more between 1953 and 1987.

As mentioned in our 8/13/2024 update below, the litigation in Federal Court is still moving along. The first set of cases to be tried have 5 individuals for each of the following illnesses: bladder cancer, kidney cancer, leukemia, Parkinson’s disease and non-Hodgkin’s Lymphoma. Fact depositions have been completed and expert discovery is still underway. These cases are slated for trial in 2026. The Court ordered in September that the parties must meet and confer to agree to a sequence for the trial.

 

Status Update 8/13/2024

On August 10, 2024, all Camp Lejeune water contamination claims had to be filed with the Navy Judge Advocate General’s Corp (JAG). By the close of this deadline, more than 323,000 claims were filed and about 1,900 lawsuits that previously were filed as claims with JAG are now filed in federal court.

Litigation Update

There are currently only 4 judges in the Eastern District of North Carolina eligible to hear Camp Lejeune cases. There is a bill in Congress to allow more judges to hear the Camp Lejeune cases because there are so many cases and so few judges. We are hopeful that this bill passes to allow for more judges to hear these cases, ensuring that the court system will move faster.

In the meantime, the Court has also ruled we are not entitled to a jury trial as that right was not written as part of the PACT Act. So, all trials will be before a judge. The Government has been successful in putting off trials until 2026. The Government has been making efforts to separate claims where the person exposed to Camp Lejeune’s contaminated water suffered one disease versus multiple diseases.

Despite their efforts, the Court has selected a few Track 1 cases for trial in 2026. The Track 1 cases are specific cases picked by the Court, with the disease limited to bladder cancer, kidney cancer, leukemia, Non-Hodgkin’s Lymphoma and/or Parkinson’s Disease. Fact discovery on these cases ends this week which means expert reports will be due soon to prove general and specific causation. General and specific causation means proof the Camp Lejeune water is contaminated causing specific types of damages and that for the specific individual being worked up for the trial that the contaminated Camp Lejeune water caused their specific disease.

A Discovery Pool for Track 2 cases has also been set up. The Court again selected a few cases to be worked up for trial. However, the individuals eligible for this Track 2 Discovery Pool suffer from prostate cancer, kidney disease, lung cancer, liver cancer, and/or breast cancer.

Settlement

The Court continues their request for all parties to discuss a way to resolve this litigation. On July 15, 2024, Jenner & Block chair Thomas Perrelli and DLA Piper partner Christopher Oprison were appointed Special Masters to help determine a resolution for all individuals who were exposed to the contaminated Camp Lejeune water. The Court has also entered an order restricting the parties from discussing where they are in settlement discussions. The progress of settlement talks will be discussed with the Court in private and then the Court will determine what information will be disseminated to all counsel.

We do know that to date, there have been 93 settlement offers under the early settlement program and only 37 of those have been accepted. Meanwhile, there have been 111 settlements outside of the early elective program, with $20,000,000 already paid out to those individuals. A breakdown of the settlements to date show settlement offers are highly dependent on the evidence of time at Camp Lejeune and the disease. For example, settlements have been:

  • Bladder cancer: settlements ranging from $150,000 to $300,000
  • Leukemia: settlements ranging from $100,000 to $300,000
  • Parkinson’s Disease: settlements of $400,000
  • Non-Hodgkin’s Lymphoma: settlements ranging from $150,000 to $300,000
  • Kidney cancer: settlements ranging from $150,000 to $300,000
  • Kidney disease (end stage renal disease): settlements ranging from $100,000 to $250,000

To be considered for any type of compensation we need documentation to prove:

  • You were at Camp Lejeune 30 days or more between August 1953 and December 1987; and
  • You suffered a disease associated with the type of chemical exposure you would have received at Camp Lejeune. Not all Camp Lejeune water wells were contaminated with the same chemicals, so it is important to link what well you would have used with the disease you have to prove the contaminated Camp Lejeune water caused your disease.

Status of Litigation February 1, 2024

Status of Litigation January 10, 2024

First, Junell & Associates would like to wish you a happy New Year.  Below is the latest news and updates on the Camp Lejeune litigation.  The information is divided into the status of the litigation and the upcoming trials and the second is an update on the status of the administrative claims process.

Litigation

There is a lot of work being done in the litigation arena to prepare for the Camp Lejeune bellwether trials. Results from these trials will play a big role in determining the value of the various injures from the exposure to Camp Lejeune toxic water.

The Camp Lejeune litigation was supposed to be different since the government published studies admitting they contaminated the Camp Lejeune wells. The PACT Act also allows for a lower burden of proof that the water contamination caused diseases. Unfortunately, the DOJ now is denying everything, trying to keep every defense option open and contesting every issue.  They have even denied evidence from its own agencies about the Camp Lejeune water contamination and its link to certain diseases.  The plaintiff attorneys believe this is not what Congress intended when it passed the PACT Act.

Plaintiff attorneys have scheduled depositions for three different agencies (1) the Department of Veterans Affairs (2) the United States Marine Corps, and (3) the Agency for Toxic Substances and Disease Registry (called the ATSDR).  The ATSDR is directed by congressional mandate to perform specific functions concerning the effect on public health of hazardous substances in the environment.  The ATSDR has already published studies proving the Camp Lejeune contamination and resulting diseases. The ATSDR has a new study showing elevated cancer rates in military and civilian personnel who lived and worked at Camp Lejeune. Plaintiffs have requested a copy of the study which hasn’t been released yet, however the government lawyers have caused a delay in the report being released.  The study was supposed to be released within five years and it remains unpublished eight years later. This is an important study, and we will continue to fight to have the results released as soon as possible.

We are also fighting the government on whether plaintiffs must open an estate in North Carolina.  This will impose an unnecessary burden and expense on the plaintiffs, meaning those victims who lived or worked at Camp Lejeune and now suffer from diseases related to that water contamination.

Additionally, we have served five sets of document requests to the government along with other pretrial discovery. Plaintiffs are also pushing back against the government’s proposal for no jury trials.

Approximately 1,300 lawsuits have been filed with the courts. These cases have gone through the administrative claims process and are now proceeding in the court system as they could not resolve in the administrative claim process. Camp Lejeune trials are expected to begin in March 2024.

Administrative Claims

All Camp Lejeune cases must first be filed with the Navy JAG.  Proof of military service must be submitted such as a DD214, a NAVMC118, or old letters from addresses within the Lejeune area.  Proof of illness is typically proven through medical records that show each plaintiff has a qualifying condition.  After this proof is submitted to the Navy, if the administrative claim is denied or the JAG doesn’t decide within 180 days, then a civil lawsuit can be filed in the Eastern District of North Carolina federal court.  Remember the lawsuit is against the federal government, and is separate from the VA. In addition, once you decide to file a civil lawsuit in federal court, you no longer can proceed through the administrative claim process.

As of December 2023, more than 130,000 administrative claims have been filed nationwide.

Veterans Benefits

It is important to understand that a Camp Lejeune settlement will not affect your benefits from the U.S. Department of Veterans Affairs.

Settlements

No Camp Lejeune lawsuits have been settled yet.  Most likely at some point, the government will develop a matrix formula that helps determine Camp Lejeune settlement amounts by placing each case into a specific category or tier.

Elective Option

The government created a voluntary Elective Option (EO) that certain victims are eligible for which categorizes illnesses into 2 tiers.  However, the EO requires a high threshold to qualify.  The values range between $450,000 for 5 years of exposure for a Tier 1 bladder cancer, kidney cancer, leukemia, liver cancer, or non-Hodgkin’s lymphoma to $150,000 if the plaintiff had 30 – 364 days of exposure.  As of January 2024, eight Camp Lejeune payouts were made under the EO program.

  • Be diagnosed with or treated for a qualifying health condition before August 10, 2002, and
  • Have a date of diagnosis or treatment occurring between 2 and 35 years after first exposure to contaminated water, and
  • Have lived or worked at Camp Lejeune for at least 30 days.

Thus far, less than a handful of cases have settled through the OE process. One thing learned in this EO process is that we cannot rely on the government for establishing a plaintiff’s time at Camp Lejeune because the government came back with incorrect information as to the time at Camp Lejeune which then decreases the settlement offer.

Probates

If your claim is filed on behalf of a deceased loved one, it is extremely important that you provide us a copy of the death certificate and any probate documents available.  All estates must be probated before the upcoming August 10, 2024 deadline.   

Junell & Associates’ staff and attorneys are working hard to obtain all your records to show that you were in the Lejeune area for at least 30 days.  We are also working to gather all your records proving that you have a qualifying condition.  The JAG is overwhelmed by all the submitted claims and due to a limited budget, they do not have enough staff to keep up with all the filed claims.  At this point, they do not even have a process set up for us to submit your documents supporting your case to them.  We will continue to put pressure on the JAG for a determination of your claim.

We consider it a privilege to represent you.  Please call us at 800-221-1561 or email us at CampL@junell-law.com.

Thank you,

Junell & Associates, PLLC