Camp Lejeune litigation focuses on proving water contamination link

Attorney Complaints
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Tom Methvin, Principal, Managing Attorney | Beasley Allen, law firm, GA

Beasley Allen is leading the legal efforts in the Camp Lejeune litigation, having filed numerous administrative claims for individuals who developed cancer or other health issues after being at Camp Lejeune. The firm is preparing bellwether cases and collaborating with experts to establish necessary evidence for court success.

The Camp Lejeune Justice Act (CLJA) of 2022 provides criteria for pursuing claims related to exposure to contaminated water at Camp Lejeune. Claimants must have been exposed to the water for 30 days or more between August 1, 1953, and December 31, 1987, and suffered harm due to that exposure. The act requires claimants to show that their exposure and subsequent harm are "sufficient to conclude that a causal relationship is at least as likely as not."

Despite clear rules, there remains a legal battle over proving causation of illnesses by the water at Camp Lejeune. Courts require proof of both general causation—establishing that an illness can be caused by specific toxins—and specific causation—proving personal exposure likely caused the illness.

In the general causation phase, plaintiffs argue they can prove it using various scientific evidence types. Meanwhile, the Department of Justice seeks detailed monthly data on chemicals in the water from 1953 to 1987, advocating for court determination of minimum chemical levels causing diseases.

If courts find a causal link between certain chemicals and health conditions, plaintiffs must then demonstrate exposure and that this exposure "is at least as likely as not" responsible for their condition when considering other risk factors—a lower burden than typical civil cases.