What is The Honoring Our PACT Act?
The PACT ACT is a veterans health care bill that contains the Camp Lejeune Justice Act.
- This opens up the courts (for a period of two years) to people who were harmed by the water at Camp Lejeune to sue for damages. Currently, lawsuits are prohibited due to a quirky North Carolina law called the statute of repose that only allows people to sue 10 years after exposure.
- This is not a VA claim. It’s not through the VA. It’s not linked to the VA presumptive list. It’s a lawsuit against the government in the federal courts. It’s also not an automatic settlement. You have to win your case.
- The bulk of the PACT Act deals with burn pits and other toxins. Our focus is Section 804, which you can read in its entirety on the next few pages. Then we’ll break it down.
Why is The Honoring Our PACT Act important to victims of Camp Lejeune water toxicity?
The Honoring PACT Act includes the Camp Lejeune Justice Act.
The Honoring PACT Act enables additional healthcare coverage for more than three million veterans exposed to toxic burn pits and Vietnam-era veterans exposed to the deadly herbicide Agent Orange. It also includes a long-awaited chance for retribution for the Marines, Sailors, their families and civilians killed and injured by exposure to the toxic water at Camp Lejeune.
Is The Honoring Our PACT Act a law?
Yes. On July 2, 2022, The U.S. Senate voted The Honoring Our PACT Act into law. President Biden signed the bill on August 10, 2022 at The White House.
Is this a class action lawsuit?
- No.
- First, a definition: A class action is a group of plaintiffs who have a similar complaint against one defendant.
- While Camp Lejeune is a single complaint (toxic water) against one defendant (the government) from a large group of people (all of you), we won’t be filing it that way. Why? Because the plaintiffs in a class action are treated as a single entity rather than individuals, and any compensation would be divided equally. We believe each person’s claim should be decided on its own merits.
- So here’s another definition: A mass tort is a process where a large number of cases with similar allegations are grouped together for judicial efficiency throughout the litigation process, but all the claims retain their individuality and are judged based on their own circumstances.
- What this might mean is that cases with similar medical diagnoses are filed together. For example, in all Parkinson’s cases. But each case inside a mass tort will stand on its own.
How does it all work?
It depends…
The language of the Camp Lejeune Justice Act requires individuals affected by the water at Camp Lejeune to file a claim with the responsible governmental agency FIRST before filing a lawsuit in federal court. In this particular case, that agency is the Department of the Navy.
Here is the text from the legislation that we’re talking about:
(h) 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.
- This is different than a VA claim. So even if you’ve already filed a VA claim, you still must file with the Department of the Navy.
- Many of you have filed a claim (which would have been called an SF-95) in the past decade or so and either been accepted, denied, or just ignored. Whether you filed independently or with an attorney, all of these count. If you’ve already gone through this process, you head straight to court. The attorneys file what is known as a Complaint. You are the plaintiff; the United States government is the defendant. And it proceeds through the court system just like any other case.
- If you’ve never filed a governmental claim for Camp Lejeune injuries in the past, then your path is a little different. First, your attorney will file a claim similar to the SF-95. It’s a form used to present claims for injury or death against the United States. The government has 6 months to accept or deny it. If they deny or fail to respond in that timeframe, then you move on to the lawsuit phase as described above.
What is The PACT Act of 2022, Sec. 804?
It is the Camp Lejeune Justice Act of 2022 and the federal cause of action relating to water at Camp Lejeune.
- (a) Short Title.—This section may be cited as the “Camp Lejeune Justice Act of 2022”.
- (b) 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.
- (c) 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.
- (d) 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 (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.
- (e) 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 (b), 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.
- (f) 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.
- (g) No Punitive Damages.—Punitive damages may not be awarded in any action under this section.
- (h) 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.
- (i) Exception For Combatant Activities.—This section does not apply to any claim or action arising out of the combatant activities of the Armed Forces.
- (j) Applicability; Period For Filing.—
- (1) APPLICABILITY.—This section shall apply only to a claim accruing 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 two 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.
Where will the cases be heard?
North Carolina.
This is the exact language from the bill:
- 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 E astern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.
- This means the federal courts in the Eastern District of North Carolina have jurisdiction.
- Will you have to travel to North Carolina? The answer is most likely no. If your case makes it to trial, then yes, you would have to appear. But keep in mind, less than 1 percent of cases make it to the courtroom. The vast majority reach some kind of settlement.
- If your deposition testimony is required, it would likely be conducted remotely (via something like Zoom).
Can I file for a deceased family member?
Yes. But you must be appointed the personal representative of their estate
Sometimes, this is called an executor, an executrix or administrator.
An estate is a legal term for the entity created to control the assets and debts of a person after his or her death. A deceased person can’t be named a plaintiff in a lawsuit, nor can they receive money in any type of settlement.
The estate is the mechanism that allows the personal representative to file on their behalf. A wrongful death lawsuit would list the plaintiff as “John Smith, personal representative for the Estate of Jane Smith.”
For example, in South Carolina, the most basic way of doing this is filing a petition with the probate court. If the decedent had a Will, you would petition for an informal appointment. If they did not, you would petition for a formal appointment.
The laws vary by state and sometimes by county, so it might be best to contact your local probate court to learn the rules specific to where you live or even to contact a local probate attorney who can guide you through the process.
To proceed with your case, we will need a Certificate of Appointment or Letter of Administration.
Once a case is over, any settlement check would be issued to the estate and distributed according to the terms of the will, or if there is no will, according to the laws of intestacy in your state.
I have signed with a law firm…now what?
As soon as the bill is signed into law, we will begin filing governmental claims with the Department of Navy. If you’ve signed your Authorization to File with your law firm, yours will be filed immediately. They will also be filing Complaints in court for those who’ve already gone through the claims process.
In the coming days, you’ll be assigned an attorney within the law firm who will reach out to you to discuss your case, answer your questions and explain the next steps.
What does the Camp Lejeune Justice Act really do for victims of exposure to the water contamination?
The Camp Lejeune Justice Act provides the opportunity for reparations for the military and civilian victims of the water contamination, granting them due process in the court system.
Is this part of the Federal Tort Claims Act?
No. When this bill goes through, it will not be part of the Federal Tort Claims Act (FTCA) but will allow the victims of Camp Lejeune Water Contamination to have a jury trial and seek restitution through the court system.
Is this a VA claim?
No. This is a civil claim to provide compensation for the damage that happened by exposure to the contaminated water at Camp Lejeune.
What is the timeframe of the recognized exposure?
The recognized victims worked or lived on the base from 1953 to 1987 for 30 days or more.
Do the 30 days spent on base have to be consecutive?
No. As long as the time spent on Camp Lejeune adds up to 30 days, the victim is eligible.
How long do victims have to file?
Victims can file for two years from the date of enactment of the statute. The bill was signed by President Biden on August 10, 2022.
What if VA benefits have been paid for medical expenses? Are victims still eligible to file a claim?
Yes. If victims have received health benefits from the Veterans Administration, they are still eligible for reparation for medical coverage — past, present and future — as well as a loss of quality of life and pain and suffering. However, victims will not be paid twice for the same instance.
What if the victim is deceased?
Family members and caretakers can file on their behalf if they set up an estate on behalf of the deceased.
How is the Camp Lejeune Justice Act different than the Janey Ensminger Act?
The Janey Ensminger Act is for VA claims, the Camp Lejeune Justice Act is for stand-alone court claims.
The Janey Ensminger Act presumes a service connection, for veterans’ benefits purposes, for any illness associated with contaminants in the water supply at Camp Lejeune, during a period in which the water there was contaminated by volatile organic compounds. However, it does not include benefits to dependents of veterans or costs associated with injuries or diseases diagnosed before the legislation was passed in 2013.
Additionally, civilian employees are not included as beneficiaries in the Janey Ensminger Act.