will be a major challenge for DON and for the attorneys who choose to wait to the last minute to file .
The Elective Option
There is a mistaken belief among attorneys and clients that the Elective Option , generated by the Department of Justice and administered by the Department of Navy is available to all plaintiffs . The method of selection is that the DOJ and the DON review records and determine the veterans to whom they will offer the Elective Option .
As of the latest statistics , DOJ selected 28 cases that meet their “ EO ” criteria . Each case involved a Tier I disease . Of the 28 offers , two were rejected , six offers expired , 18 remain pending , and two were accepted . The accepted offers include one case of bladder cancer at $ 150,000 and one case of kidney cancer at $ 300,000 .
DOJ also approved 52 claimants who were submitted by DON . Of the 52 offers , one was rejected , ten offers expired , 33 offers are pending , and eight offers were accepted totaling $ 2,050,000 . The accepted offers included one case of Parkinson ’ s disease at $ 250,000 , one case of non-Hodgkin ’ s lymphoma at $ 300,000 , one case of bladder cancer at $ 300,000 , a second case of bladder cancer at $ 150,000 , one case of leukemia at $ 150,000 and three cases of leukemia at
$ 300,000 each . Case Resolution
The Courts advise in the latest status report that the parties are engaging in discussions regarding a global resolution of claims that remain in the administrative and legal processes . The parties were exploring a resolution questionnaire and a resolution roadmap as well as the use of a Special Master to help resolve issues regarding global settlement information and procedures .
Conclusion
Those working in leadership have made remarkable progress through hard work and total devotion to the cause . These cases were on track for potentially beginning trials in the next few months . The denial of the right to trial by jury for these veterans will slow the beginning of trials . However , bellwether selections , discovery , pretrial depositions , and all other pretrial matters proceed apace . During this delay , we can advance the number of bellwethers that we have ready for trial as soon as the Judges call for them .
We all owe a vote of thanks to the attorneys in leadership for their excellent work in diligently pushing these cases towards a speedy resolution on behalf of the world ’ s best and most deserving clients .
80 x The Trial Lawyer