Noteboom The Law Firm

Camp Lejeune Victims Have Limited Recourse

December 15, 2010 - There are potentially thousands to tens of thousands of veterans and their family members who were exposed to the contaminated and toxic water that was present at Camp Lejeune for 30 plus years. There are 3 major limitations on victims being able to financially recover for any illnesses developed because of that exposure. Those limitations are:

• The government cannot be sued in class-action lawsuits;
• Members of the military are limited in their capability to sue the federal government by the U.S. Supreme Court; and
• Victims can only sue for damages up to 2 years following their diagnosis as prevented by the statute of limitations.

Despite many lawyers shying away from taking cases spawned by the Camp Lejeune contaminated water at least one case is currently active. Other cases are on hold pending many Congressional decisions that must be made regarding the Camp Lejeune situation.

The Veterans Affairs Committee has been sitting on a bill that if passed, would grant Department of Veterans Affairs (VA) benefits to veterans and their dependants who were stationed at Camp Lejeune between the years 1950 and 1985. Legislation from last year prevents the Navy from dismissing any disability claims tied to Camp Lejeune's water prior to the release of a new scientific study expected in 2011.

A minimum of 200 Marine veterans have already submitted disability claims for VA benefits linked to their exposure to Camp Lejeune's toxic water. Approximately 20 of those claims have been approved. Every one of the soldiers who served at Camp Lejeune during the years in question have a right to know to what they were exposed, and what health issues can stem from that exposure.