A June 5, 2024 joint report from the government and plaintiffs provides an update on the administrative claims and lawsuits. Other Camp Lejeune updates since our prior article are also provided below.
The Claims Numbers
232,892 administrative claims have been filed with the Department of the Navy. Only a fraction – 93 – have been deemed eligible for settlements at this time, with settlements reaching $14.4 million so far. The Navy continues to churn through the enormous number of claims.
Camp Lejeune Lawsuits
Plaintiffs have filed 1,813 lawsuits in the Eastern District of North Carolina.
J. Edward Bell III of the Bell Legal Group PLLC, Zina Bash of Keller Postman LLC, Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein LLP, W. Michael Dowling of the Dowling Firm PLLC, Robin L. Greenwald of Weitz & Luxenberg PC, James A. Roberts III of Lewis & Roberts PLLC, and Mona Lisa Wallace of Wallace & Graham PA represent the military personnel and their families in the cases.
U.S. Department of Justice Civil Division lawyers Adam Bain and Haroon Anwar represent the government.
Track 1 Bellwether Trials on the Horizon
The lawsuits have been organized into tracks based on the alleged diseases plaintiffs suffered to expedite proceedings. Track 1 cases (kidney cancer, bladder cancer, leukemia, non-Hodgkin’s lymphoma, or Parkinson’s Disease) are inching toward the first bellwether trials.
Track 1 trial plaintiffs will only be compensated for a Track 1 illness and illnesses resulting from a Track 1 illness or treatment thereof.
On June 10, 2024, the judges ordered the plaintiffs to select three plaintiffs for each of the Track 1 illnesses to go to trial. They have until June 16th.
In February, the Court determined that prostate cancer, kidney disease, lung cancer, liver cancer, or breast cancer are Track 2 illnesses. Determinations on additional tracks are coming.
Judges Reject Plaintiffs’ Lower Causation Standard
The federal court in the Eastern District of North Carolina recently ruled that plaintiffs must prove that exposure to the contaminated water at the Marine’s Camp Lejeune caused their harm. In the June 5, 2024 ruling, the court disagreed with the plaintiffs' argument that claimants should not have to prove specific causation.
No Appellate Review of Jury Trial Ban
In mid-May, the judges also rejected a motion for immediate appellate review of the court’s earlier decision that the Camp Lejeune lawsuits would not be jury trials. The court said the general rule of waiting for a final judgment before appeals held sway.
The Court’s unanimous denial of the plaintiffs’ request for certification of the right to a jury trial for appeal by the Court of Appeals, was yet another blow to plaintiffs.
