Tillis, Colleagues Introduce Legislation to Eliminate Barriers to Justice for Camp Lejeune Victims

Sep 26 2024

Tillis, Colleagues Introduce Legislation to Eliminate Barriers to Justice for Camp Lejeune Victims

WASHINGTON, D.C. - Senator Thom Tillis, along with Senators Ted Budd (R-NC), Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), Marco Rubio (R-FL), Sheldon Whitehouse (D-RI), Mike Braun (R-IN), Chris Coons (D-DE), Jeanne Shaheen (D-NH), Tammy Duckworth (D-IL), Gary Peters (D-MI), and Mazie Hirono (D-HI), recently introduced the Ensuring Justice for Camp Lejeune Victims Act, bipartisanlegislation that makes technical corrections to the original Camp Lejeune Justice Act by clarifying the right to jury trials and the appropriate causation standard, capping attorneys' fees, and expanding jurisdiction to alleviate the backlog of toxic water claims.

"Currently, veterans and other victims exposed to contaminated water at Camp Lejeune are running into roadblocks that are denying them their day in court before a jury for the often-crippling and deadly medical conditions they have suffered," said Senator Tillis."Since coming to office, I have worked alongside those who lived and worked at Camp Lejeune that were unknowingly exposed to harmful chemicals to finally give them the health care and benefits they deserve. I am proud to introduce this legislation with my colleagues on both sides of the aisle to bring justice for victims and provide a path forward for justice after decades of delay."

"Victims of the contaminated water at Camp Lejeune deserve justice. But instead, DOJ bureaucrats are throwing up roadblocks and making it harder for veterans to get their day in court," said Senator Budd. "That's why I'm proud to join Senator Tillis to introduce a bipartisan bill to remove regulatory hurdles and see that Camp Lejeune victims get the compensation, care, and benefits they deserve."

"Victims of Camp Lejeune's contaminated water deserve recompense and accountability," said Senator Blumenthal. "With this essential legislation, we eliminate roadblocks and provide a pathway to seeking justice for our veterans and their families affected by toxic exposure, ensuring access to well-deserved benefits and relief."

"We need to make it as easy as possible for veterans exposed to harmful chemicals to get the benefits they deserve," said Senator Braun.

"After selflessly answering the call to serve our nation, too many brave servicemembers were exposed to toxic chemicals from Camp Lejeune's drinking water-but could not receive the justice and care they deserve due to unnecessary roadblocks," said Senator Duckworth. "This bipartisan legislation would help make it easier for impacted servicemembers and Veterans to access the care and benefits they've earned through their service. It's the least we could do after all they sacrifice for us."

"It's unacceptable that individuals impacted by the Camp Lejeune water contamination continue to experience bureaucratic roadblocks," saidSenator Rubio. "Compensation for veterans and other victims impacted, including thousands of individuals in Florida, is long overdue. Senator Tillis and I are eternally grateful for their service and are working to rectify this situation."

"Camp Lejeune veterans and their families deserve justice," said Senator Shaheen. "I'm proud to cosponsor the Ensuring Justice for Camp Lejeune Victims Act, which will improve and clarify the legislation Congress passed two years ago to give these families a path to justice."

The following Veteran Service Organizations have endorsed the Ensuring Justice for Camp Lejeune Victims Act: the Special Operations Association of America, the American Legion, the National Military Family Association, the Marine Corps League, the Marine Corps Reserve Association, the Military Chaplains Association, the Tragedy Assistance Program for Survivors (TAPS), the Moral Compass Federation, the Blinded Veterans Association, the Vietnam Veterans of America, the Enlisted Association of the National Guard, and the Association of the US Navy.

"Two years ago, Mike Partain and I sat in the Senate Gallery and witnessed the passage of the Camp Lejeune Justice Act," said Jerry Ensminger, father of Janey Ensminger, a Camp Lejeune water contamination victim. "We thought our decades-long fight for justice at Camp Lejeune was nearing an end. Instead, we have seen yet more roadblocks and delays, which was not the intent of Congress and the original bill. This new legislation will help remedy this issue and help our service personnel and their families achieve their justice for the toxic tragedy at Camp Lejeune."

"SOAA is glad to see this bi-partisan effort to achieve justice for veterans who have waited so long," said David Cook, Executive Director, Special Operations Association of America. "This is also a win for veterans' choice in pursuing action. Helping Camp Lejeune veterans and families has been a long-time priority for SOAA and the many victims of the contaminated water who are critically ill. We urge Congress to pass this legislation as soon as possible."

"On behalf of our 1.6 million dues-paying members, The American Legion is proud to support the Ensuring Justice for Camp Lejeune Victims Act of 2024," said James A. LaCoursiere, National Commander, The American Legion. "This bill enhances previous Camp Lejeune water legislation by expanding judicial jurisdiction to any of the five states of the U.S. Court of Appeals for the 4th Circuit - Maryland, Virginia, West Virginia, North Carolina and South Carolina - rather than just in North Carolina's federal courts. In addition, this bill codifies caps on attorney's fees for administrative claims and for lawsuits filed in court based on Department of Justice recommendations. We applaud Senator Tillis and Senator Blumenthal for their leadership in expanding court access and protecting our veterans and their families from predatory actors."

"We have a special responsibility to protect those charged with protecting our freedoms," said Besa Pinchotti, CEO, National Military Family Association. "But the veterans and military families affected by the water contamination at Camp Lejeune have been waiting for help for decades. This bill rights the technical wrongs in the Camp Lejeune Justice Act of 2022, ensuring that the families who have served us and suffered since finally get the justice they deserve."

"With exposure to toxic chemicals during military service also having emerged somewhat recently as a factor in diseases causing loss of sight, we as blind and low vision veterans feel that we can relate to the plight of service members and family members of Camp Lejeune who continue to be victimized by the lack of a fair and timely path to judicial relief," said Donald D. Overton, Jr., Executive Director of the Blinded Veterans Association. "We support the Ensuring Justice for Camp Lejeune Victims Act as a means of correcting this injustice and encouraging action on the incomprehensible 360,000 claims for which only 114 have currently received a settlement."

Full text of the bill is available HERE and a one-page summary is available HERE.

Background:

With passage of the Camp Lejeune Justice Act, Congress intended to create a jury trial right with a lower causation standard to ensure a compensation process that would be fair and proportionate to the level of harm and injuries caused by exposure. However, the Department of Justice has fought the law and successfully challenged both the jury trial and causation standards intended by Congress.

Specifically, The Ensuring Justice for Camp Lejeune Victims Act:

• Permits cases to be heard in any district court in the 4^th Circuit.
• Explicitly provides for jury trials.
• Expressly states that victims must only show general causation, including for latent or potential harm.
• Caps attorney fees at 20% for settlements and 25% for trials.
• Ensures there is no room for interpreting Congress' intent to provide complete and swift relief to victims of contaminated water at Camp Lejeune.

Senator Tillis has been fighting for the victims of Camp Lejeune toxic contamination for over a decade, working to successfully advance bipartisan legislation. In 2014, as Speaker of the North Carolina House of Representatives, Tillis was successful in amending North Carolina's statute of repose that previously prevented toxic contamination victims from bringing lawsuits more than 10 years after a pollution event took place. In September 2015, Senator Tillis pressed the Department at a Senate Veterans' Affairs Committee (SVAC) hearing on Camp Lejeune for answers about granting Lejeune veterans disability status. Bureaucratic red tape and internal resistance at the VA delayed a final decision for years. Finally, the VA announced in December 2015 that the victims of Camp Lejeune's poisoned water diagnosed with certain illness would be granted disability status.

In 2019, he co-introduced the Janey Ensminger Act to ensure individuals with diseases scientifically linked to toxic chemical exposure at Camp Lejeune, North Carolina receive proper medical care from the Veterans Administration (VA). The bill was named in honor of Master Sergeant Jerry Ensminger's daughter Janey, who was only nine-years-old when she died from a rare form of leukemia after being exposed to toxic water at Camp Lejeune. Unfortunately, while the VA allowed veterans exposed to contaminated water to pursue VA benefits, most of the claims were denied. In 2019 alone, the U.S. Navy denied nearly 5,000 claims filed by Navy veterans stationed at Camp Lejeune. During this timeframe, three in four Camp Lejeune veterans had their requests for VA benefits denied.

In September 2020, Senator Tillis introduced the Camp Lejeune Justice Act, legislation that provided veterans and their families who are suffering due to water contamination at Camp Lejeune long-overdue judicial relief. The legislation corrected unintended injuries unique to Marine families stationed at Camp Lejeune due to an anomaly in the application of North Carolina law in the federal court system. Senator Tillis reintroduced the bipartisan Camp Lejeune Justice Act in 2021, which was codified into law in 2022.

In May 2023, Senators Tillis and Budd led a bipartisan, bicameral letter to the Secretary of the Navy and Attorney General Garland expressing concerns over the Navy's failure to adjudicate claims submitted since August 2022 for Camp Lejeune water contamination.

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https://www.tillis.senate.gov/2024/9/tillis-colleagues-introduce-legislation-to-eliminate-barriers-to-justice-for-camp-lejeune-victims