Camp Lejeune Water Lawsuits Inch Closer to Trials Under New Plan
Decades After Exposure, Veterans May Finally Receive Justice
After years of delays, a clear path is starting to emerge to bring the Camp Lejeune water contamination lawsuits to trial. A federal judge overseeing thousands of pending cases has ordered plaintiff attorneys and the Department of Justice to jointly submit a case management plan to streamline and advance the litigation.
The massive litigation involves claims that toxic chemicals contaminated drinking water at the Marine Corps base in North Carolina over a 30-year period. This exposure allegedly caused various diseases and health conditions for former residents and workers at the base.
First Trials Could Occur in 2024
The proposed plan would designate specific diseases to be on "tracks" for accelerated discovery and trials. The first diseases suggested for Track 1 are:
- Bladder cancer
- Kidney cancer
- Leukemia
- Parkinson's disease
- Non-Hodgkin's lymphoma
For each disease, plaintiffs would select 10 cases and the government would choose 10 more to form an initial discovery pool. Intensive fact discovery would occur over a 4-month period after cases are selected.
Expert witnesses for both sides must be designated within 45 days after the fact discovery deadline. This aggressive schedule could lead to the first Track 1 trials occurring in early 2024 if the court accepts the plaintiffs' proposal.
The government recommended a slower timeline for Track 1 in its proposal. But either plan would be a major step forward after years of stalled litigation.
Expanding to Additional Diseases
While the initial track focuses on 5 conditions, plaintiffs and the DOJ must suggest additional diseases to be included in Tracks 2 and 3 within 60 days. The judge directed the parties to propose 5 more diseases for each of the next two tracks.
This will allow discovery and trials to steadily expand to other common health conditions allegedly caused by the contaminated water, such as liver cancer, kidney disease, and heart disease. Veterans who did not make it into early trial tracks would have their cases stayed until the disease is included.
The first trial verdicts would establish evidence and liability factors that may promote broader settlement negotiations to resolve cases without trials. Settlement talks between the parties have already begun.
Why Is This Significant?
- There are currently over 1,200 pending Camp Lejeune lawsuits in federal courts. Total plaintiffs could eventually exceed 20,000.
- Many plaintiffs are elderly or gravely ill and have waited decades for justice.
- The first trials would establish key evidence on whether the contaminated water can cause certain diseases. This could lead to more settlements and consistent case values.
- Growing publicity from trials could pressure the government to negotiate a broad settlement for remaining plaintiffs. But trials must begin before this is likely to occur.
- Veterans are growing frustrated by the endless delays in the litigation. Seeing trials commence would restore confidence that justice can occur despite government opposition.
The judge's order demonstrates progress toward meaningful trials is finally occurring after years of procedural delays. While disagreements on case management details remain, the joint proposal shows the momentum is shifting toward plaintiffs having their day in court soon.
