Camp Lejeune Contaminated Water Claims

Important Updates Regarding Camp Lejeune Contaminated Water Claims

September 8, 2023/Kendall Law Group LLC

For those who have been following the developments surrounding the Camp Lejeune contaminated water claims, there have been significant updates that you should be aware of. The Department of the Navy and the Department of Justice have adopted a new voluntary framework to evaluate and potentially settle claims under the Camp Lejeune Justice Act (CLJA). This framework, known as the Elective Option (EO), aims to provide a more efficient system for resolving certain claims.  Until now, no claims under the CLJA have been settled so this development is welcome news and will hopefully result in resolving claims for certain claimants.

Key Highlights of the Elective Option (EO)

  • Purpose of the EO: The EO is designed to allow claimants to resolve certain CLJA claims more swiftly than through litigation. It’s available to claimants with Qualifying Injuries who resided or worked at Camp Lejeune for at least 30 days during the relevant time period.
  • Benefits of the EO: Claimants who have previously received healthcare or disability benefits related to Camp Lejeune from the Department of Veterans Affairs (VA) can use those benefits to help establish eligibility for an EO offer. Accepting an EO offer should not affect the claimant’s VA benefits.
  • Elective Option Grid: The EO has introduced an “Elective Option Grid” which categorizes claims based on the severity of the injury and the duration of exposure.
  • Qualifying Injuries: The EO has categorized injuries into two tiers:

Tier 1: Kidney Cancer, Liver Cancer, Non-Hodgkins Lymphoma, Leukemias, and Bladder Cancer.

Tier 2: Multiple Myeloma, Parkinson’s Disease, Kidney Disease/End Stage Renal Disease, and Systemic Sclerosis/Systemic Scleroderma.

Additional Requirements

This process is still complicated and requires specialized knowledge to be successful. For a claim to be considered under the EO, it must meet certain requirements, including:

  • Proper presentation to the Department of the Navy: The injury must have been first diagnosed or treated before August 10, 2022. A latency requirement states that the earliest date of diagnosis or treatment must be not less than two years after the claimant’s first exposure and not greater than thirty-five years after the claimant’s last exposure.
  • Evidentiary Standards: Claimants need to provide medical documentation showing the diagnosis or treatment of the qualifying injury. They also need to provide housing or employment documentation showing their stay or work at Camp Lejeune during the specified period.
  • The Review Process: The Department of the Navy will undergo a multi-step process to review claims, including determining the perfection of the claim, screening for a qualifying injury, and conducting an internal investigation.

Benefits of Accepting an EO Settlement

Claimants who accept an EO settlement are guaranteed payment without the need to prove that the contaminated water was the cause of their illness. This is especially beneficial as recovery outside the EO is not guaranteed and might require extensive proof.

Are You Eligible to File a Claim?

If you or a loved one has been affected by the Camp Lejeune water contamination and believe you are eligible for a claim, don’t navigate this complex process alone. Kendall Law Group LLC, your leading Kansas City Camp Lejeune Contaminated Water Attorneys, are here to help. We offer a free consultation to discuss your case and guide you through the next steps. Contact us today at (816) 531-3100 and let our experienced team advocate for the compensation you deserve. For more detailed information on this topic, visit our Camp Lejeune Practice Page.

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