Camp Lejeune Justice Act of 2022: A Non-Lawyer’s Assessment

Camp Lejeune Justice Act of 2022

A Non-Lawyer’s Assessment

By Norman E. Hooben - September 11, 2022

Now many of us have seen the television ads and have been inundated with over the radio ads, “Have you served at Camp Lejeune between August 1, 1953, and December 31, 1987.
“You drank the contaminated water.” or “We can help!” or other such verbiage on the hour or half-hour, every day 24/7. You got to admit the ads become obnoxious after so many repetitions.
According to one lawyer’s ad these are some if not all of the cancers one may assume to have been caused by the drinking water on Camp Lejeune:

·         Bladder cancer

·         Breast cancer

·         Esophageal cancer

·         Female infertility

·         Hepatic steatosis

·         Kidney cancer

·         Leukemia

·         Lung cancer

·         Miscarriage

·         Multiple myeloma

·         Birth defects

·         Scleroderma

·         Non-Hodgkin’s lymphoma

·         Renal toxicity

·         Neurobehavioral effects

·         Myelodysplastic syndromes

Now for brevity’s sake I’ll post the law…or Act, if you wish, below. You can read it if you like but my assessment is what the law does not say.

The sources/causes of the maladies listed above have existed in the population for many years; perhaps always, who knows. Now if you developed any of the above from other sources you don’t have to prove it. Just prove that you were at Camp Lejeune during the dates indicated and for whatever period of time necessary.
Now Camp Lejeune is a training base (aren’t they all) but more specifically a Basic Training Base. You’re there for 8, 10, 12, weeks and then you move on to somewhere else; it’s the essence of the military, you move around a lot. I personally had 13 moves during my 21 year Air Force career, and that’s not counting all the TDY’s (temporary duty locations).
Not all the marines spend a career in the military. Some return to civilian life and may get jobs at chemical companies, manufacturing companies, or even an ordinary gas station where many of the toxicants causing cancer exist. But if you do come down with some cancer, let’s just forget about where you work; just prove that you were at Camp Lejeune. If you are a marine or some other branch of the military, you can go anywhere in the world the government sends you.

I was in Vietnam and met a sergeant with a number of years working in the POL (Petroleum, Oil, and Lubricants), he told me he was getting a medical discharge because of excessive lead build up in his wrists. The name escapes me, but he did say it was some form of cancer. Why not a POL Act for this dedicated NCO?

Now I don’t know about the Marine Corps’ Military Public Health (MPH) departments but my experience with the Air Force’s MPH section water samples were taken very frequently.  Samples were taken from various buildings/workstations, and I actually saw the guy take a sample from my outside hose connection at my on-base house. And they published and kept records of any and all contaminants.  Did the Marines do this?  If so, where are the records?  Why has it taken so long to report the discrepancies?

Now the area of the law that makes one wonder is the STATUTE OF LIMITATIONS.  Why does one have to get their claim in within two years after the date of enactment of this Act…read the Act below? 

But the most troubling part of the lawsuits comes with another section of the law.

It says this: No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title.

Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both. ·         (June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 4, July 18, 1966, 80 Stat. 307.)

So, all you hungry lawyers out there sue for $2,000,000 take $1,000,000 for yourself and pay the fine of only $2000.

Hope ya’all liked my assessment because guess who’s paying all these hungry lawyers? Look in the mirror for your answer.

N.E.H.
ps: I think we could call it the "Make The Lawyers Rich ACT

117th CONGRESS 2d Session

 

H. R. 6482

To establish a cause of action for those harmed by exposure to water at Camp Lejeune, North Carolina, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

January 25, 2022

Mr. Cartwright (for himself, Mr. Price of North Carolina, and Mr. Murphy of North Carolina) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To establish a cause of action for those harmed by exposure to water at Camp Lejeune, North Carolina, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Camp Lejeune Justice Act of 2022”.

SEC. 2. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP LEJEUNE, NORTH CAROLINA.

(a) In General.—An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.

(b) Burdens And Standard Of Proof.—

(1) IN GENERAL.—The burden of proof shall be on the party filing the action to show one or more relationships between the water at Camp Lejeune and the harm.

(2) STANDARDS.—To meet the burden of proof described in paragraph (1), a party shall produce evidence showing that the relationship between exposure to the water at Camp Lejeune and the harm 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.

(c) Exclusive Jurisdiction And Venue.—The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any action filed under subsection (a), 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.

(d) Exclusive Remedy.—

(1) IN GENERAL.—An individual, or legal representative of an individual, who brings an action under this section for a harm described in subsection (a), including a latent disease, may not thereafter bring a tort action against the United States for such harm pursuant to any other law.

(2) HEALTH AND DISABILITY BENEFITS RELATING TO WATER EXPOSURE.—Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative—

(A) under—

(i) any program under the laws administered by the Secretary of Veterans Affairs;

(ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or

(iii) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and

(B) in connection with health care or a disability relating to exposure to the water at Camp Lejeune.

(e) Immunity Limitation.—The United States may not assert any claim to immunity in an action under this section that would otherwise be available under section 2680(a) of title 28, United States Code.

(f) No Punitive Damages.—Punitive damages may not be awarded in any action under this section.

(g) Disposition By Federal Agency Required.—An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code.

(h) Exception For Combatant Activities.—This section does not apply to any claim or action arising out of the combatant activities of the Armed Forces.

(i) Applicability; Period For Filing.—

(1) APPLICABILITY.—This section shall apply only to a claim arising before the date of enactment of this Act.

(2) STATUTE OF LIMITATIONS.—A claim in an action under this section may not be commenced after the later of—

(A) the date that is 2 years after the date of enactment of this Act; or

(B) the date that is 180 days after the date on which the claim is denied under section 2675 of title 28, United States Code.

(3) INAPPLICABILITY OF OTHER LIMITATIONS.—Any applicable statute of repose or statute of limitations, other than under paragraph (2), shall not apply to a claim under this section.

 

 

28 U.S. Code § 2678 - Attorney fees; penalty

·         U.S. Code

·         Notes

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No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title.

Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both.

(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 4, July 18, 1966, 80 Stat. 307.)