Veterans, Others Begin Suing Under New Camp Lejeune Injury Law

Camp Lejeune veterans and others have begun to file the first of what are expected to be thousands of lawsuits alleging they were sickened by tainted water at the Marine Corps base.

The suits were filed under the Promise to Address Comprehensive Toxics Act, also known as the Camp Lejeune Justice Act, which was enacted last year. The new law lets individuals seek damages if they were exposed for at least 30 days to the toxic water at the Jacksonville, N.C., base between August 1953 and December 1987.

For decades, the water at Camp Lejeune was contaminated with chemicals known to cause cancer and a host of other often fatal diseases, the suits in the US District Court for the Eastern District of North Carolina say. Hundreds of thousands of service members and civilians drank, bathed in, cooked with, and swam in the water, veterans allege.

Camp Lejeune’s poisoned water has also been linked to widespread birth defects and high rates of stillborn babies, the suits, filed Feb. 11 and 12, say.

The law set up an administrative process that requires claims first to be filed with the Department of the Navy, which has six months to adjudicate each one. If no settlement is reached, plaintiffs can sue in the Eastern District of North Carolina.

Dozens of Camp Lejeune suits were filed over the weekend, according to a Bloomberg Law docket search. The suits are also the subject of a $145 million marketing campaign and Republican members of Congress may seek to cap legal fees in the lawsuits.

Early Allegations

Among the early plaintiffs is Bruce W. Hill, a former military chaplain at Camp Lejeune, who alleges his exposure caused leukemia, while former marine Terrance Shine, who was stationed at Camp Lejeune multiple times, alleges exposure to toxic chemicals caused severe Parkinson’s disease.

Jerome M. Ensminger, a marine at Camp Lejeune whose daughter, Jane Ensminger, died when she was nine, also is among those who recently sued under the new law. Jane Ensminger’s leukemia was caused by exposure to numerous chemicals including TCE, PCE, vinyl chloride, and benzene, the lawsuit says.

Eric W. Flynn of the Bell Legal Group in Raleigh, N.C., who represents Hill and Shine, said their suits were among the first of dozens the firm has just filed. Hill’s and Shine’s suits were filed the day after the six-month administrative period ended, he said.

“We are glad to get them started on their way to seeking justice under the Camp Lejeune Act,” Flynn said Monday.

The Department of Veterans Affairs estimated in 2017 that about 1 million veterans were potentially affected by the tainted water. The Congressional Budget Office, an economic scorekeeper for Congress, estimates the claims will cost the government about $6.1 billion over 10 years.

About 15,000 administrative claims had been made as of late December. Most haven’t hit the six-month toll that allows them to take their case to federal court.

All lawsuits must be filed by Aug. 10, 2024.

Cause of Action: Camp Lejeune Justice Act.

Relief: Damages and all other appropriate relief.

Response: The Justice Department didn’t immediately respond to a request for comment.

Attorneys: Bell Legal Group PLLC represents Shine and Hill. Henson & Fuerst PA and Watts Guerra LLC represent Ensminger.

The cases are Hill v. US, E.D.N.C., No. 7:23-cv-00028, complaint 2/11/23, Shine v. US, E.D.N.C., No. 7:23-cv-00023, complaint 2/11/23; and Ensminger v. US, E.D.N.C., No. 4:23-cv-00030, complaint 2/12/23.