The Camp Lejeune contamination has caused severe health problems for many who resided or worked there from 1953 to 1987. Exposure to toxic chemicals, mainly volatile organic compounds, has been linked to a wide range of severe medical conditions.
In response to this, the Camp Lejeune Justice Act of 2022 was enacted, offering hope for compensation to those affected. According to VA News, President Biden signed the Honoring Our PACT Act of 2022 into law in August. The Camp Lejeune Justice Act is contained in Section 804 of this statute. It enables new claims to be brought by those who were exposed to tainted water at Camp Lejeune.
With the CLJA in place, one of the most challenging aspects of pursuing Camp Lejeune compensation cases is establishing causation. This is the relationship between polluted water and health problems. In this piece, we will look at the critical aspects and concerns involved in proving causation in these cases.
Understanding the Contaminants
To build a strong case, it’s essential to understand the specific contaminants found in Camp Lejeune’s water supply. TCE, PCE, benzene, and vinyl chloride are the main chemicals that were identified. They are all well-documented carcinogens and pose serious health threats.
Trichloroethylene and perchloroethylene, for instance, are volatile organic compounds (VOCs) used in industrial processes such as dry cleaning. According to JD Supra, these toxins were discharged as a waste product by an off-base dry cleaner. Improper disposal of these waste products into the soil contaminated one of the water supply units at the base.
Duration and Extent of Exposure
The duration and extent of exposure to contaminated water play a vital role in establishing causation. According to TorHoerman Law, individuals who resided or worked at Camp Lejeune for extended periods are at a higher risk.
The higher the duration and intensity of the exposure, the greater the risk of harmful health impacts. Those who consumed the contaminated water over several years face a higher likelihood of developing associated illnesses.
Medical Records and Diagnosis
Obtaining comprehensive medical records and a clear diagnosis of the health condition linked to water contamination is crucial. These records serve as essential evidence to establish a direct connection between exposure and illness.
Medical records should detail the individual’s medical history, symptoms, diagnostic tests, and treatments. A well-documented diagnosis from a healthcare professional linking the illness to chemical exposure strengthens the case.
Expert Testimony
Expert witnesses, such as medical professionals, can offer essential testimony to prove the relationship between exposure and health effects. Their expertise can help convince judges and juries of causation.
Toxicologists can explain the mechanisms by which the contaminants in Camp Lejeune’s water supply can lead to specific health conditions. Epidemiologists can provide statistical analyses showing a correlation between exposure and disease incidence.
Their testimonies can be persuasive in demonstrating that the contaminated water was a substantial contributing factor to the health problems.
Filing Federal Tort Claims
According to Justia, initially, plaintiffs must file a Federal Tort Claims Act (FTCA) claim with the Department of the Navy. If the claim is denied or remains unresolved after six months, individuals can proceed with their lawsuit.
This administrative step allows the government to acknowledge the claim and potentially offer a settlement before moving to court. However, the responsibility of proving causation still lies with the claimant, making the collection of proof and expert assistance crucial.
Impact on VA Benefits
Filing a Camp Lejeune lawsuit does not affect a claimant’s eligibility for VA benefits. Veterans can seek both compensation and VA benefits to ensure they get the care they need for their medical problems.
It’s essential for affected veterans to understand that they have the right to seek Camp Lejeune compensation through legal action. This is without jeopardizing their access to VA healthcare and disability benefits. This ensures that they can address their immediate healthcare needs while seeking compensation for the harm they’ve suffered.
Legal Representation
Seeking experienced legal representation is critical. Seasoned attorneys with a background in environmental law and toxic torts can guide claimants through the complex process of causation.
These lawyers have the knowledge and skills required to construct a persuasive case. This involves having access to a network of expert witnesses who can offer critical testimony. Additionally, they can counsel clients on the best course of action and assist them in navigating legal situations.
With the right legal team by their side, individuals affected by this tragedy can increase their chances of securing justice.
Final Word
Pursuing compensation in Camp Lejeune contamination cases hinges on establishing a clear link between exposure and resulting health conditions. Understanding the contaminants, duration of exposure, comprehensive medical records, and expert testimony are key elements in building a strong case.
Filing federal tort claims initially and seeking experienced legal representation are crucial steps in navigating this complex process. Additionally, seeking compensation does not affect veterans’ eligibility for VA benefits. This ensures that they can address immediate healthcare needs while pursuing justice.
