The PACT Act and Its Connection to the Camp Lejeune Justice Act

It is unfortunate that many Veterans and Servicemembers, who take an oath to defend the country frequently work in hazardous conditions and environments. Operating military bases and conducting war activities often pose significant risks, and many military personnel may experience long-term health effects because of their service. Occasionally, Servicemembers may unintentionally meet hazardous and toxic materials while serving. When the US military withdrew from an area, they ordered those stationed overseas to burn materials to prevent enemy combatants from using them, resulting in clouds of toxic smoke. Furthermore, improper disposal of hazardous materials used in military operations often unknowingly exposed Servicemembers to hazardous materials on US military bases and training facilities, as evidenced by the contamination of Camp Lejeune’s drinking water between the 1950s and 1980s. The PACT Act was a piece of legislation that sought to address the issue of Veterans and Servicemembers exposed to toxic materials, primarily burn pits and Agent Orange. The PACT Act broadened the scope of VA healthcare law and benefits, particularly for Veterans who met these criteria, and extended it to include Servicemembers stationed at Camp Lejeune during the period of toxic water exposure.

Understanding the PACT Act and the Camp Lejeune Justice Act

To understand the PACT Act’s relationship to the Camp Lejeune Justice Act, it is first necessary to understand what both separate pieces of legislation are and what they do. The PACT Act, which is formally known as the “Honoring Our Pact Act,” is federal legislation that expands healthcare and benefits significantly to Veterans and Servicemembers exposed to toxic substances while on duty. This includes burn pits, Agent Orange, contaminated substances, and other environmental hazards during their military service. It particularly focused on Veterans from Vietnam, the Gulf War, and post-9/11 combat operations. The Act pinpointed specific health conditions that a Veteran’s exposure to these toxic chemicals during these operations was likely to cause.

The Camp Lejeune Justice Act of 2022 permits legal action and grants compensation for damages resulting from exposure to Camp Lejeune water from August 1, 1953, to December 31, 1987. The Camp Lejeune Justice Act acknowledges that the improper dumping of toxic chemicals left over from military operations at the base contaminated the water, leading to several health conditions experienced by Veterans and their families. Many of these issues include leukemia, bladder cancer, and birth defects in children born to women who were pregnant while at the base. The Camp Lejeune Act is a subsection of the PACT Act. Read more about the PACT Act in this article.

What is the Camp Lejeune Justice Act?

The Camp Lejeune Justice Act is legislation that allows specific individuals formerly stationed at the Marine base to file a claim for damages against the United States government as a result of exposure to contaminated water at the North Carolina base between 1953 and 1987. Servicemembers, Veterans, and any family member who exposed themselves to the contaminated water for at least 30 days and developed a recognized health condition as a result are eligible claimants. The Act outlines several qualifying health conditions brought on by exposure to the contaminated water, as well as legal protections and provisions for filing a claim. It fits hand in hand with the existing PACT Act, an updated section of this original Act, because it recognizes a specific situation in which Servicemembers were exposed to toxic substances but might not be explicitly covered under the conditions recognized in the original PACT Act, nor is it’s recognized list of conditions brought on by exposure to toxic chemicals in general. Those who fit the criteria for Camp Lejeune damages and settlements must work within the provisions of the PACT Act itself. By incorporating a distinct list of conditions caused by the Camp Lejeune water contamination, not previously included in the PACT Act, the CLJA enhances the victim’s capacity to submit a claim.

The History of Camp Lejeune Water Contamination

The Camp Lejeune US Marine Corps base in North Carolina experienced a period between the early 1950s and late 1980s where the water used for everyday activities such as drinking, bathing, and washing was found to be contaminated with trichloroethylene and perchloroethylene, primarily stemming from nearby dry-cleaning operations and underground fuel storage tanks on the base. In the early 1980s, researchers discovered the harmful toxins and shut down the contaminated wells, only to reopen some in violation of regulations. However, for several decades, the full extent of the Camp Lejeune water contamination negative health impacts went unnoticed and unaddressed. Even today, the full extent of the health impact on the victims remains under investigation. The source of the contamination likely originated from improper disposal of waste that seeped into the groundwater, although the exact start date of this contamination is still unclear. The affected have filed numerous lawsuits against the government for damages and compensation for medical bills and pain and suffering, citing the widespread nature of the contamination, potential health risks, and a list of recognized cancers and disorders triggered by it. The victims have received over $4 billion in damages as a result of the filing and settlement of over 850 lawsuits. Although the investigation is still ongoing, the number of individuals stationed at Camp Lejeune over the years raises the possibility that well over 2 million people could potentially be victims of the Camp Lejeune water contamination.

Legal Rights and Compensation Under the Camp Lejeune Justice Act

As mentioned above, those who are eligible to file a claim under the Camp Lejeune Justice Act include Servicemembers, Veterans, and any members of their family who were exposed to the contaminated water for longer than 30 days and developed one of the recognized health conditions outlined under the Act. Those who fit these criteria have legal rights under the Camp Lejeune Justice Act. Both the PACT Act and the Camp Lejeune Act outline these rights, as the Camp Lejeune Act is part of the PACT Act.

The Act outlines the victim’s right to sue the government for personal injury and wrongful death damages. If the Department of the Navy rejects their claim, they have the right to file a lawsuit. They also have the right to seek disability benefits.

The CLJA itself sets a two-year deadline of August 10, 2024, for the filing of the claim in the Camp Lejeune lawsuits. Camp Lejeune lawsuit compensation can include healthcare benefits, disability compensation, lawsuit damages, and non-economic damages, such as pain and suffering.

The main legal challenges to Camp Lejeune lawsuits are proving the contamination effects and ensuring that evidence is admissible in court. Victims must prove the scope of their contamination exposure and the length of time of exposure, as well as evidence linking their medical conditions to the contaminated water. The defense may challenge or declare medical evidence inadmissible in court. Read more about class action lawsuits involving Camp Lejeune victims in this article.

Frequently Asked Questions about the Camp Lejeune Justice Act

Consult a competent attorney familiar with this type of litigation for any legal questions regarding your Camp Lejeune lawsuit. However, the following are some of the more commonly asked questions regarding the Camp Lejeune Justice Act and Camp Lejeune water contamination issues: