This includes families of service members , civilian contractors , and civilian workers on base , who meet the 30-day non-contiguous exposure requirement and who contracted one or more of the multiple known diseases discussed below .
Burden of Proof :
Plaintiff has the burden to show one or more relationships between the water at Camp Lejeune and the harm suffered by plaintiff . To meet this burden of proof , plaintiff shall produce evidence showing that the relationship between exposure to the water at Camp Lejeune and harm suffered by plaintiff is :
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 .
Section ( B ) is a unique standard which is based on the epidemiological standard of equipoise , i . e ., it is as least as likely as not that the subject chemical or toxin has a causal relationship to the harm . The epidemiological standards of equipoise in evaluating a causative link between a chemical and a harm are 1 ) sufficient , 2 ) equipoise and above , 3 ) below equipoise , 4 ) evidence against a causal relationship . “ Sufficient ” meet the standard of “ more likely than not , while “ equipoise and above ” is sufficient to show that a causal relationship is as likely as not , which is sufficient to establish causation between exposure to water and the harm to Plaintiff . To meet the burden , it is only necessary to comply with the lesser standard of “ at least as likely as not .”
Presumptive Causation
Another unique aspect of this burden of proof are acknowledgments by the Agency for Toxic Substances and Disease Registry ( ATSDR ), a government agency within the Department of Health and Human Services , that there are sufficient scientific studies in certain diseases to support presumptive causation , i . e ., that the causal relationship between the toxic water and the harm may be presumed for certain qualifying diseases .
The Department of Defense in 1997 contacted ATSDR to begin causation studies to determine if there were causal connections between the toxic water and the deaths and multiple diseases . ATSDR conducted six extensive studies and Public Health Assessments ( PHA ) which culminated in the 2017 ATSDR Superseding PHA report . The report by this respected Health and Human Services agency concluded that a sufficient scientific causal relationship exists between ten diseases and the contaminants in the Camp Lejeune water supply . It is presumed that it is at least as likely as not that the toxic water was a cause of kidney cancer ; non-Hodgkin ’ s lymphoma ; multiple myeloma ; leukemia ; liver cancer ; bladder cancer ; Parkinson ’ s disease ; end-stage renal disease ; systematic sclerosis / scleroderma ; or cardiac birth defects .
Exclusive Jurisdiction and Venue
The United States District Court for the Eastern District of North Carolina has exclusive jurisdiction over any action filed under subsection ( b ) and shall be the exclusive venue for such an action . Nothing in this subsection shall impair the right of any party to a trial by jury . Section 804 ( b )
This is obviously a unique provision which allows a jury trial in a lawsuit against the U . S . Government in the Federal Court in North Carolina , where Camp Lejeune is located . We have already begun focus groups in North Carolina to get an early analysis of relevant juror attitudes .
804 ( e ) ( 2 ): Subrogation for Health and Disability Benefits Relating to Water Exposure .
Any award paid under this section shall be offset by the amount of any disability award , payment or benefit provided to the award recipient … under Veterans Affairs programs , Medicare , Medicaid … in connection with healthcare or a disability relating to exposure to the water at Camp Lejeune .
Filing a claim or lawsuit under CLJA will not affect ongoing veterans ’ benefits as the Veterans ’ Administration has no connection to CLJA . However , if a veteran collects healthcare or disability benefits arising out of water exposure at Camp Lejeune , the government provider may have a subrogation interest , but only for healthcare or benefits that they can prove were based on Camp Lejeune water exposure .
804 ( h ): Administrative Claims Required Before Filing Suit
A prerequisite to filing suit in federal court under the Camp Lejeune Justice Act is to file an administrative claim under Section 2675 of Title 28 , United States Code . Navy JAG has posted a website which contains a fillable
56 x The Trial Lawyer