Guest Op/Ed: Camp Lejeune Justice Act Gives Hope to Victims
Posted
Guest Editorial
Founded in 1942, Camp Lejeune is just one of the hundreds of military bases whose environment abounds in dangerous amounts of toxic chemicals such as benzene, trichloroethylene, vinyl chloride, and perchloroethylene. Over 70 hazardous substances have been found contaminating Camp Lejeune, including PFAS, a group of chemicals that break down very slowly, hence their nickname "forever chemicals." The level of PFAS at this military installation is 2,500 times higher than the safe limit of 70 parts per trillion.
The most severe toxic exposure occurred at Camp Lejeune between 1953 and 1987. During this period, roughly one million military members, civilian personnel, and their families came in contact with harmful chemicals by engaging in activities that involved working close to a source of contamination or by just living on the site. While the level of most pollutants is now under control, some chemicals, including PFAS, are still lurking on Camp Lejeune. The 170,000 individuals currently living there are at risk of serious health problems.
Nevertheless, since the contamination of Camp Lejeune with toxic chemicals was at its peak between the early 1950s and the late 1980s, the veterans and their family members who were stationed at the base during this time have the highest risk of coming to struggle with debilitating diseases. Some of these diseases are lung cancer, scleroderma, brain cancer, cognitive disability, female infertility, and neurobehavioral disorders. It is important to note that pregnant women who spent time at Camp Lejeune may give birth to children with congenital defects.
What Does the Camp Lejeune Act Mean for Toxic Exposure Victims?
In 2012, Congress passed the Honoring America's Veterans and Caring for Camp Lejeune Families Act. This is a bipartisan, comprehensive, and bicameral legislative package whose purpose is to cater to the needs of veterans and their family members through improved healthcare, education, housing, and memorial services. However, the act failed to address toxic exposure victims' entitlement to financial compensation and VA benefits for their unjust suffering.
The same year, President Obama signed the Janey Ensminger Act, named after the daughter of a military member stationed at Camp Lejeune who lost her life to cancer at 9 years old. While this law most likely helped 750,000 individuals, like the Honoring America's Veterans and Caring for Camp Lejeune Families, it only authorizes healthcare to military personnel and their family members impacted by toxic exposure, failing to provide these people with a way to obtain the money and benefits they deserve.
Fortunately, on March 26, 2021, Representative Matt Cartwright proposed the Camp Lejeune Justice Act, a bill whose main goal was to allow toxic exposure victims to take legal action against the government and recover substantial compensation. More specifically, the Camp Lejeune Justice Act enables any individual who worked or resided at this military base for at least 30 days between August 1, 1953, and December 31, 1987, and developed a health problem to file a claim in the United States District Court for the Eastern District of North Carolina.
On June 16, 2022, Senate voted to pass the Camp Lejeune Justice Act. The bill also prohibits the government from asserting immunity from litigation in response to a lawsuit. No punitive damages can be recovered in any legal action under this act. Undoubtedly, the Camp Lejeune Justice Act is on the verge of becoming law. If the bill is signed into law by President Biden, toxic exposure victims will have 2 years to seek financial compensation from the government, starting with the date the Camp Lejeune Justice Ace is enacted.
Toxic Exposure Victims Are Also Entitled to VA Benefits – How to Avoid Claim Rejection
Both veterans and the family members affected by toxic exposure at Camp Lejeune are eligible for VA benefits such as disability compensation and free or affordable healthcare. Regrettably, filing a VA claim on your own is a very complex and difficult process. You must have irrefutable proof of your time spent at Camp Lejeune and the link between your diagnosis and toxic exposure. This proof may be hard to gather, or it may be unclear or incomplete, in which case the VA will inevitably reject your claim. Sometimes, errors may occur even if you provide all the necessary documents, and your claim will be rejected.
Up to 75% of VA claims are initially rejected, but a claim can be reopened, which is even more challenging to do by yourself, as the VA will ask for "new and material" evidence. This cannot be just your most recent medical records – it must be something so substantial that it will determine the VA to reopen your claim. Consequently, only a specialized attorney can offer you the assistance you need if you intend to file a VA claim. Working with a law firm will also get the burden of a complex legal process off your shoulders.
If you are a veteran with a very serious or fatal illness, you can receive up to $3,000 in disability compensation monthly. This can be of tremendous help if you struggle financially due to the cost of healthcare and treatment. Keep in mind that veterans are entitled to compensation from the government, too, which they can obtain by filing an injury claim, also with the expert guidance of a lawyer. The sum of money you can receive with injury claims ranges between $25,000 and $1 million or even more, depending on the severity of your diagnosis.
Although contamination at Camp Lejeune began occurring in 1953, it was only in 1982 that the U.S. Marine Corps found volatile organic compounds polluting the site. Today, Camp Lejeune is still in use, and the level of most toxic chemicals is under control, except for PFAS. People currently stationed at Camp Lejeune should research whether there is contamination in the areas where they work and live. As for those who have already developed a disease, they should take legal action to obtain valuable compensation and hold the responsible parties liable for negligence.
About the Author:
Jonathan Sharp is Chief Financial Officer at Environmental Litigation Group, P.C. The law firm, headquartered in Birmingham, Alabama, specializes in toxic exposure. Numerous clients the attorneys provide assistance to are veterans who struggle with the health effects of military toxic exposure.
The Bradenton Times encourages citizen participation and the sharing of their opinions on issues impacting our community or with the intent of informing our readers on a variety of topics. The letters to the editor and guest opinion columns published represent those viewpoints. It is important to understand that when The Bradenton Times publishes these opinions or letters, it does not necessarily represent the opinions of our publication or editorial board. We offer this service to allow readers to benefit from a variety of opinions and informational content. We require all comments to be civil. We may edit submissions for grammar and maintain the right to reject any submissions for publication.
Comments
No comments on this item
Only paid subscribers can comment
Please log in to comment by clicking here.