Camp Lejeune is a United States Marine Corps base located in North Carolina. Between 1953 and 1987, the drinking water at Camp Lejeune was contaminated with several hazardous chemicals. These chemicals are known to cause various health problems, including cancer, birth defects, and infertility.
Many people exposed to the contaminated water at Camp Lejeune have developed critical health problems. However, it can be difficult to establish causation in these cases.
Despite the challenges, several ways exist to establish causation in Camp Lejeune contamination cases. Establishing causation is crucial because it allows victims to receive compensation for their injuries. Federal compensation for Camp Lejeune victims requires establishing causation providing aid eligibility to those with clear links to contamination.
This article explores challenges in proving causation in Camp Lejeune contamination cases and strategies to surmount these obstacles.
Complexity of Exposure Pathways
One of the biggest hurdles in establishing causation in these contamination cases is the complexity of exposure pathways. Exposure pathways are the routes by which people can come into contact with contaminants.
The base’s water contamination involved various chemicals with distinct toxic properties, complicating the assessment of exposure risks. Multiple contact pathways further intensified the complexity.Â
These included drinking, bathing, and cooking with contaminated water, inhaling polluted air, and direct skin contact with the contaminated water or soil. These pathways contributed to the complexity of assessing health risks.
According to Justia, the ATSDR has linked specific contaminants to various health conditions. Notably, PCE is associated with bladder cancer, while TCE is linked to kidney cancer, non-Hodgkin’s lymphoma, and cardiac birth defects. Benzene is connected to non-Hodgkin’s lymphoma, leukemia, and VC to liver cancer.
Complex exposure pathways hinder precise assessment of chemical quantity and its impact on an individual’s health in contamination cases. For example, determining VOC exposure through inhalation poses challenges, especially with other exposure routes like drinking and bathing.
Latency Period and Delayed Health Effects
The latency period is the time between exposure to a hazardous chemical and developing a health problem. The latency period can be many years, even decades, for many of the health problems associated with Camp Lejeune contamination.
The latency period and delayed health effects of exposure to hazardous chemicals at the Camp vary across different health outcomes. For cancer, the latency period can span many years or even decades, with variations depending on the cancer type.Â
Birth defects are most prevalent in the first trimester of pregnancy but can persist throughout. Neurological disorders, including Parkinson’s, Alzheimer’s, and multiple sclerosis, may take years or decades to manifest after exposure.
The extended latency period complicates establishing causation in litigation, necessitating long-term health tracking across generations.
Those exposed to Camp Lejeune’s contaminated water and experiencing related health issues should seek legal counsel for guidance. The attorney can help you assess the strengths and weaknesses of your case and develop a legal strategy for establishing causation.
Multiple Contaminants and Chemical Mixtures
The complexity introduced by this multitude of pollutants compounds the difficulty of pinpointing a specific agent responsible for adverse health effects. In Camp Lejeune’s case, the contamination comprised a cocktail of hazardous substances. These included VOCs like trichloroethylene (TCE) and perchloroethylene (PCE), heavy metals, and other toxins.
The complex mixture of contaminants raises questions about which chemicals or combinations cause health issues and how they interact for different outcomes.
JD Supra reports that in 1982, the Marine Corps detected TCE and PCE in Camp Lejeune’s water supply. It was found that the toxic compounds exceed EPA drinking water standards. These compounds are known carcinogens and can have varying toxicological effects on the human body.
This data highlights the complex exposure scenarios at Camp Lejeune, underscoring the need for a nuanced approach to establish causation.
Individual Health and Genetic Factors
These factors make it difficult to predict how a person will be affected by exposure to hazardous chemicals. For example, two veterans exposed to the same level of the same hazardous chemicals may develop different health problems. It may also happen that one veteran may develop health problems while the other veteran does not.
Recognizing the intricate interplay of individual health and genetic factors, the Camp Lejeune Justice Act offers a unique provision. It permits veterans and their families to file claims, even without definitive proof linking their health issues to the base’s contaminated water.
If you, as a Camp Lejeune veteran exposed to contaminated water, face health issues, consult a seasoned attorney. They will evaluate your case’s merits and devise a legal strategy, addressing the complexities of individual health and genetic factors. Though hiring an experienced attorney can be costly, new laws are making them affordable for everyone to some extent.
In the latest Camp Lejeune lawsuit update, the DOJ cited the Federal Tort Claims Act to enforce the cap. The Act restricts attorneys’ fees in government negligence or wrongful act litigations, imposing limits on their compensation.
According to TorHoerman Law, legal fees are now capped at 25%, reducing the lawyer’s share of client winnings from 40%. It implies that some clients will receive more money than anticipated.
Evolving Regulatory Standards
Regulatory standards for hazardous chemicals are constantly evolving as scientists learn more about the health risks of these chemicals. It complicates causation in the camp’s contamination cases, particularly for individuals exposed to lower levels of hazardous chemicals.
The government might assert that veterans and families weren’t exposed to sufficiently high chemical levels to induce health issues. This argument may persist despite the levels being deemed safe at the time.
Even with lower chemical exposure levels, government liability for health issues is possible if contamination is proven a contributing factor.
Statute of Limitations and Legal Hurdles
The statute of limitations refers to the timeframe within which legal action must be initiated, and it varies from state to state. The protracted latency period between exposure to contaminants and the onset of health effects can complicate matters significantly.
The statute of limitations for personal injury cases may vary from State to State. But typically, it varies between two to three years from the injury’s date or discovery.
Under the CLJA, claimants must submit a claim under the Federal Tort Claims Act to the Department of the Navy, as stated by Consumer Notice. If the Navy denies the claim, claimants are then permitted to proceed with filing their Camp Lejeune lawsuit in North Carolina. Similarly, if six months elapse without a Navy response, claimants can initiate the lawsuit in North Carolina.
The statute of limitations emphasizes the need for timely legal action and a grasp of legal complexities. Pursuing justice demands scientific evidence and vigilant adherence to legal deadlines.
To Conclude
Camp Lejeune’s contamination saga is a stark reminder of the formidable obstacles that impede environmental litigation justice. From examining the challenges in establishing causation in the camp’s contamination cases, it’s clear that seeking justice is a multifaceted journey.Â
It requires collaboration across disciplines, unwavering determination, and a commitment to addressing the intricacies of environmental health and legal recourse.
