Camp Lejeune Water Contamination Lawsuit: PACT Act Claims and Eligibility

Contaminated Water for Thirty Years — and the Law That Finally Allowed Claims

From 1953 to 1987, drinking water at Marine Corps Base Camp Lejeune in North Carolina was contaminated with toxic chemicals at levels up to 3,400 times the safe limit. Volatile organic compounds including trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride leached into the base water supply from a dry-cleaning facility, leaking underground storage tanks, and industrial waste disposal. An estimated 1 million veterans, civilian workers, and their families were exposed during this period. For decades, these individuals were legally barred from suing the government. The Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 changed that, opening a two-year window to file administrative claims — and creating what may become one of the largest mass tort litigations in American history.

The Department of Justice estimated the government could face between 550,000 and 1.3 million claims, with potential total liability ranging from tens of billions to over $100 billion.

The Contamination: What Was in the Water

The Marine Corps was aware of contamination as early as 1980 but did not notify residents or take remediation action until the mid-1980s. The contaminated wells were not fully shut down until 1987.

Who Is Eligible to File a PACT Act Claim

The PACT Act established specific eligibility criteria for Camp Lejeune claims:

• Residency period: The claimant or their family member must have lived, worked, or been otherwise exposed at Camp Lejeune for at least 30 days between August 1, 1953, and December 31, 1987.
• Qualifying conditions: The claimant must have a diagnosed condition that is linked to the contaminated water. The PACT Act does not require proof that contamination specifically caused the individual's disease — only that the claimant was present during the contamination period and has a qualifying health condition.
• Family members included: Spouses, children (including those with birth defects from in-utero exposure), and other household members who were present qualify.
• Filing deadline: Claims must be filed within two years of the PACT Act's enactment — August 10, 2024.

Qualifying Health Conditions

The Agency for Toxic Substances and Disease Registry (ATSDR) and the VA have identified the following conditions as linked to Camp Lejeune water contamination:

• Esophageal, kidney, bladder, breast, lung, and cervical cancers
• Leukemia and non-Hodgkin's lymphoma
• Neurobehavioral effects and Parkinson's disease
• Systemic sclerosis/scleroderma and other autoimmune conditions
• Cardiac defects, choanal atresia, and other birth defects in children born to exposed mothers
• Hepatic steatosis (fatty liver disease)

The Claims Process and Litigation Status

The PACT Act requires claimants to first file an administrative claim with the Department of the Navy. The government then has six months to respond — accept, deny, or make an offer. If the claim is denied or not acted upon, claimants can file a lawsuit in the Eastern District of North Carolina, the judicial district where Camp Lejeune is located. The sheer volume of claims has overwhelmed the administrative process: as of mid-2024, hundreds of thousands of claims had been filed, and the Department of Justice had settled only a small fraction. Bellwether trials are expected to begin in 2025 and will set valuations for the mass of remaining claims.

Compensation Ranges and Elective Option Framework

The government proposed an Elective Option Framework offering settlement amounts based on condition severity and exposure duration, ranging from approximately $100,000 to $550,000 for most qualifying conditions. Claimants can accept this payment without litigation or reject it to pursue individual lawsuits with the potential for higher awards — but also the risk of trial delay and defense challenges to specific causation.

This article is for informational purposes only and does not constitute legal advice.