consideration . As the study moves through the peer review process , its role in influencing litigation will be determined .
Elevating Diseases to Tier I : The Five-Year Gap in Scientific Studies
The absence of an updated ATSDR leaves a five-year gap in the analysis of studies of the potential effects of the Camp Lejeune toxins on specific diseases .
There are a number of diseases that did not get recognition from the 2018 ATSDR , not because it was determined that there was no causative link , but rather because there were insufficient studies to support a causative link .
Five years have passed since the 2018 publication , during which numerous studies have been conducted . The hope was that the amended 2023 ATSDR would fill the five-year gap by analysis and rating of the studies that occurred during the period . In the absence of the 2023 amended ATSDR , the opportunity exists to upgrade your cases to Tier I through an independent epidemiological study by your own expert .
We are currently reviewing our non-Tier I cases with our epidemiologist to determine which diseases may be subject to elevation to Tier I by virtue of new studies since 2018 .
Elevating Diseases to Tier I : The Bradford Hill Criteria
An additional method to qualify cases as Tier I is to use the Bradford Hill criteria , recognized by the Fourth Circuit Court of Appeals , which has been used long before the publication of the 2018 ATSDR .
The Bradford Hill criteria are a set of nine principles developed by Sir Austin Bradford Hill to help determine a causal relationship between a specific factor and a disease . These principles include strength ( the size of the association ), consistency ( reproducibility of findings across studies ), specificity ( association is limited to specific workers and specific diseases ), temporality ( the cause precedes the effect ), biological gradient ( also known as dose-response curve ), plausibility ( the biological or social explanation for the association ), coherence ( the association aligns with existing theory and knowledge ), experiment ( evidence from experiments can support the existence of a causal relationship ), and analogy ( consideration of similar relationships ).
Under the Daubert standard which the 4th Circuit Court of Appeals ( which has jurisdiction of the Camp Lejeune cases in the Eastern District of North Carolina ) adheres to , these criteria provide a comprehensive framework for assessing the reliability and admissibility of expert testimony on causation .
This ensures that courts rely on evidence that is not only scientifically valid but also pertinent to the case at hand , significantly impacting environmental and public health litigation by prioritizing scientifically sound evidence in court decisions .
Through the combination of the discovery of new scientific studies that support the Tier I level of diseases and the use of the Bradford Hill criteria , there is a substantial possibility of increasing the number of Tier I qualifying diseases and cases in your docket .
Administrative Claims
At last count , 152,377 administrative claims have been filed with the Department of Navy . It is estimated that 350,000 claimants are presently under contract , which indicates that in the five months remaining for filing claims before they are barred by the statute of limitations in August 2024 , an additional 200,000 cases will be filed . This
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