In the unfolding drama surrounding the tainted water at Marine Corps Base Camp Lejeune, 2024 is poised to be a pivotal year as the first trials emerge, shaping the future of one of the largest mass torts in history. With nearly 150,000 administrative claims and 1,500 lawsuits filed, the litigation centers on water contamination at the North Carolina Marine base, persisting for decades with chemicals linked by government scientists to various cancers and diseases.
The Stakes in 2024
Lead attorney Ed Bell of Bell Legal Group underscores the significance of the upcoming year, stating that 2024 will be “critical” as the first cases proceed to trial. These trials will not only decide liability and damages. Still, they will also establish the value of claims for different diseases, including leukemia, Parkinson’s disease, non-Hodgkin’s lymphoma, bladder cancer, and kidney cancer.
Legal Challenges and Disputes
However, reaching this stage is not without its challenges. Questions loom, including which cases should go to trial and who should preside over these trials. The U.S. Department of Justice remains tight-lipped on the matter, and the government is disputing whether Camp Lejeune claims should be subject to a jury trial. The crux of the argument lies in the interpretation of the PACT Act, with government attorneys contending that it does not expressly grant claimants the right to seek jury trials, proposing that trials proceed before a judge.
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Unresolved Questions
Beyond the courtroom clashes, 2024 may bring resolution to other crucial questions. One such question involves determining who qualifies to bring a claim for individuals who succumbed to diseases after exposure to contaminated water.
Legislative Background and Initiatives
The groundwork for these claims and lawsuits was laid in August 2022 when President Joe Biden signed the PACT Act, eliminating government immunity. The litigation officially commenced in 2023, with the first lawsuits filed in February in the Eastern District of North Carolina. A team of plaintiffs’ attorneys, including Ed Bell, Zina Bash of Keller Postman, and Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein, was appointed to oversee the litigation.
The “Elective Option” and Settlement Attempts
In September, the Navy and the U.S. Department of Justice introduced an “elective option,” presenting predetermined settlement amounts to individuals affected by specific diseases based on the duration of their exposure. By October 30, government attorneys had initiated the first payouts to Camp Lejeune victims, with $1,450,000 paid to resolve six cases by December 19.
Ongoing Disputes and Revelations
As the year drew to a close, the plaintiffs’ leadership team faced setbacks in their efforts to compel the government to disclose a new, unpublished study on cancer incidence rates at Camp Lejeune. The legal landscape surrounding this environmental catastrophe remains complex, and 2024 is poised to be a watershed moment as litigation enters a critical phase.
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