Nestled in North Carolina (NC), Camp Lejeune is a Navy base home to almost 120,000 military families and civilian workers. The base has excellent infrastructure, including schools, shopping centers, hobby shops, etc. While this Navy base offers many amenities today, there was a time when the basic one was compromised.
Between 1953 and 1987, the public water supply at Camp Lejeune was contaminated by volatile organic compounds (VOCs). It happened because of illegal waste disposal methods from a dry cleaning company. Some dry-cleaning solvents and degreasers seeped into two water treatment plants, contaminating them with trichloroethylene (TCE) and perchloroethylene (PCE).
Since the residents didn’t know about this, they used the water for over 30 years. Due to the exposure to TCE and PCE, approximately 1 million people were affected. They developed all types of cancer, multiple myeloma, fertility issues, and more.
The worst part is that the government tried to cover up this incident. However, it wasn’t until 2022 that the victims could file lawsuits. This lawsuit is ongoing, and no verdict has been passed. One of the main reasons would be the defendant’s continuous manipulation of legal loopholes and trial delays.
In this blog, we will discuss three such setbacks in the Camp Lejeune case that might affect its outcome.
#1. No Jury Trials
According to TorHoerman Law, when the 2022 Camp Lejeune Justice Act (CLJA) was passed, the victims and their families were overjoyed. This law allowed them to file new claims against the government to secure their rightful financial compensation. Little did they know about the CLJA loophole that the defendants would later use.
In late 2023, the defendants passed a motion highlighting that the CLJA doesn’t specify the requirement for jury trials. Hence, they urged the judge to move forward with a bench trial and eventually ban jury trials.
For the defendants, a bench trial would be beneficial because it doesn’t leverage emotions to pass verdicts. Moreover, the plaintiffs won’t have any grounds to appeal the results. That means the defendants can get away with paying a lesser compensation amount.
A few weeks after this motion, the plaintiffs contested the ‘no jury’ rule. They claimed that Congress had initially acknowledged every Camp Lejeune victim’s right to a jury trial. Moreover, the best lawyers for the Camp Lejeune lawsuit have urged the court to reject the defendant’s misguided efforts to influence the verdict.
All this back and forth has delayed the outcomes and pushed the trial dates. It also proved how ruthlessly the Camp Lejeune defendants tried to evade responsibility and liability.
#2. No Out-Of-State Lawyers
Camp Lejeune lawyers across the country have spent a lot of money, effort, and time to prepare for the trial. They wanted to fight the government on behalf of the military veterans who were exposed to the toxic water. However, recently, a North Carolina rule threatened that.
This obscure and rare rule limits out-of-state lawyers from appearing in an NC court to represent more than three unrelated cases. Law firms registered in other states had to explain why they should be allowed to represent Camp Lejeune victims. When that happened, numerous cases were turned away by the federal judge.
But the lawyers didn’t back down. They argued that all Camp Lejeune cases are indeed related. Moreover, the attorneys stated they should get a pass because of a ‘good cause’ and humanitarian exception.
According to Bloomberg Law, the plaintiffs also argued that most clients don’t live in North Carolina and have poor health. That’s why burdening them to hire NC-registered lawyers could be considered inhumane.
This incident caused a setback for thousands of Camp Lejeune cases. Some victims were forced to find an alternative way to get their grievances heard.
#3. Significant Delay in Trial
The plaintiffs have been waiting for a Camp Lejeune trial to gain their rightful compensation. However, incidents like the ‘no jury motion’ and ‘no out-of-state lawyers’ rule have stopped them from going to trial. That’s why Camp Lejeune lawsuits have been piling up against the government.
Lawyers have blamed these trial delays on staff shortages, funding issues, and legal loopholes. They state that the government doesn’t have enough manpower to review the compensation claims quickly. For example, it took the district judges until August 2023 to finally name a leadership team to represent Camp Lejeune victims. As a result, the pace of resolving the Camp Lejeune claims has outraged the plaintiffs.
As time passes, the plaintiffs are becoming sicker. In some cases, personal injury lawsuits are slowly turning into wrongful death claims. Approximately 20% of the cases turned into wrongful death lawsuits. Victims of the Camp Lejeune water contamination incident are dying as they wait for the compensation they deserve.
The number of unresolved cases is growing, and the only hope is the trial dates in March 2024. Till today, only three settlement offers have been made through the voluntary Elective Option. Even then, plaintiffs cannot expect quick payouts, irrespective of the proof they have.
In conclusion, the Camp Lejeune lawsuit has a long way to go. The lawyers are certain that, eventually, they’ll get justice for the plaintiffs. However, they need to overcome various legal challenges first.
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