A historic piece of legislation which was signed by President Joe Biden earlier this year has been making the headlines in the United States.
It relates to the causes of cancers and other serious illnesses – through contaminated water supplies – in former servicemen and women who were stationed at the Camp Lejeune US Marine base in the US state of North Carolina between the 1950s and 1980s.
The new legislation paves the way for thousands of former US military personnel to seek compensation, and the law applies to former British servicemen and women too!
Paul McClorry, a solicitor at UK-based Hudgell Solicitors, and Mike Doyle, an American attorney specialising in military and maritime claims at Doyle Dennis LLP Trial Lawyers, answer some key questions relating to the case.
What is the background to Camp Lejeune being the cause of cancers?
Camp Lejeune was established in September 1941 as a base for marines and sailors to train. Over the years it became the primary East Coast of the US training, air base, and expeditionary forces headquarters for the Marines and other military personnel.
It has been established that, over the course of four decades, between 1953 and 1987, contaminated drinking water with chemicals at levels up to 280 times higher than permitted by safety standards, put the health of hundreds of thousands of people at risk.
Many people, including service members and family members living on base in the US who were exposed to this contaminated water went on to develop serious health conditions.
President Biden signed legislation in August 2022 which contained the Camp Lejeune Justice Act, creating a federal right of action for anyone to seek compensation for exposure to contaminated water at that base over the four-decade period.
What kind of diseases did the water at Camp Lejeune cause?
It’s believed the contaminated water has been responsible for causing numerable cancers as well as Parkinson’s disease, renal failure and more. Some of the illnesses linked to toxic tap water at Camp Lejeune include;
- Adult leukaemia
- Bladder cancer
- Kidney cancer
- Liver cancer
- Oesophageal cancer
- Lung cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinson’s disease
- Auto-immune diseases
How many people are thought to have been affected by toxic water at Camp Lejeune?
It’s estimated that, over a 34-year period, as many as a million people may have been exposed to the local toxic water supply. It has been identified as impacting not just serving personnel, but also members of their families, especially children, relying on the base’s contaminated water over the years.
What is currently happening in the United States?
A huge campaign is being run to ensure all affected and who endured undue suffering, severe illness, permanent disability, and loss are found and compensated.
At present, television and radio advertisements in the States are awash with information urging people to come forward if they were affected, to make sure they make a claim during a two-year window.
Thousands of claims for compensation have already been lodged in the US in a matter of weeks. It is expected to be one of the largest mass litigations in US history.
What about former British servicemen and women and their dependents?
The law also allows former British servicemen and women to seek compensation, but of course we are talking about a period which stretches from around 30 to 70 years ago, so those affected are likely to be older generations, who may not be aware this is now happening.
It’s important for families to think about their loved ones, especially if they have gone on to suffer from serious illnesses such as cancer, and ask questions as to whether they were ever stationed in the US, and if so whether it was at this camp, during this time.
Veterans groups and associations can also help by making members aware.
The exact numbers of former British servicemen and women affected are presently unclear, but research suggests it is likely there were thousands stationed at the camp on training exercises during the period of risk.
Who is entitled to seek damages?
The law allows military personnel, their family members and civilians to seek compensation from the US Government, regardless of which country they now live in or their citizenship.
This action is available to individuals exposed to contaminated water for at least 30 days, regardless of whether they are veterans, family members or civilians.
The 30 days do not have to have been consecutive, so as long as time spent at the camp totals 30 days, the victim is eligible.
Primary carers, including spouses and children of the individuals who were directly exposed, can sue for damages on behalf of the poisoned.
Even if the carers were not poisoned themselves and loved ones have since died, they can now seek compensation.
How long do victims of toxic water exposure at Camp Lejeune have to submit a claim?
Victims can submit their claim for two years from the date of enactment of the Pact Act which came into effect on 10th August 2022.
About the legal specialists
Paul McClorry is co-chair of the American Association for Justice’s International Practice Section (an association of personal injury lawyers acting for claimants in American courts). He has extensive experience of working alongside US lawyers and experts on cases relating to compensation for injuries.
Mike Doyle’s practice includes the representation of plaintiffs in maritime personal injury, international and trans-national personal injury. He is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and is a Fellow in the National College of Advocacy of the American Association for Justice.
Timely Legal Advice
If you or a loved one were stationed, lived or worked at Camp Lejeune from 1953 to 1987 for 30 days or more, you may have a route to compensation. It is important to seek timely legal advice as, under the new US law, claims can only be brought within a two-year timeframe from 10th August 2022. Start My Claim
