Camp LeJeune Toxic Water - Compensation
Congress passed the H.R. 3967 - Honoring our Pact Act of 2022 a comprehensive Act whose main mission is to improve health care and benefits to veterans who were exposed to toxic substances. Section 804 of the Act specifically allows compensation for injuries to individuals, including veterans, who resided, worked or were otherwise exposed (including in utero exposure) for thirty (30) days or more to the contaminated water at Camp LeJeune and MCAS New River between August 1, 1953 and December 31, 1987. Section 804 is also referred as the Camp LeJeune Justice Act of 2022 ("Justice Act").
Updated 07/28/22: Although the bill passed both the House and the Senate in June of this year, the Senate blocked the bill yesterday rejecting revisions the House made. Stand by for further updates.
UPDATED 08/02/22: BILL PASSED TONIGHT!
§ 804 (c) (2) provides that in order to meet the burden of proof to maintain a claim, the party seeking compensation has to show that the relationship of the injuries or illness with the exposure to the water contamination is either:
(A) Sufficient to conclude that a causal relationship exists; or
(B) Sufficient to conclude that a causal relationship is at least as likely as not;
The Act further provides that the Eastern District Court of North Carolina has exclusive jurisdiction over any action commenced for compensation pursuant to this Act. The Act provides that a claim for damages must be filed within two (2) years of the signing of this Act.
The Act also eliminates the governmental immunity pursuant to section 2680(a) of Title 28 of the United States Code that has resulted in many dismissals of cases for compensation due to exposure to the water contamination at Camp LeJeune.
2680(a) - any claim based upon an act or omission of an employee of the Government, exercising due care in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused)
Although paragraph (f) of the Act requires that an administrative claim must be filed with the federal agency (Department of Navy is the appropriate federal agency regarding the injuries related to the water contamination at Camp LeJeune) and that agency has to deny the claim before a lawsuit can be instituted, the DEPARTMENT OF THE NAVY ANNOUNCES DECISION TO DENY ALL PENDING CAMP LEJEUNE FEDERAL TORT CLAIMS ACT CLAIMS therefore alleviating individuals from this requirement.
Fill out the no obligation form below to see if you qualify for compensation for injuries and/or illnesses you or your loved one suffered as a result of exposure to the toxic chemicals in the contaminated water at Camp LeJeune.
Attorney Inez de Ondarza Simmons comes from a military family and has also lived on military bases and is therefore especially dedicated in helping current and former service members as well as civilian personnel receive their fair and just compensation for injuries from exposure to the contaminated water.