Victims Who Have Already Received Government Benefits Can Still File Lawsuits Under Camp Lejeune Justice Act

A recent National Law Review article examined the Camp Lejeune Justice Act of 2022 to determine whether filing a lawsuit against the federal government under the Act will affect the receipt of other government benefits (Will I Lose My Other Benefits? The Potential Impact of a Camp Lejeune Water Contamination Claim). Part of the Honoring our Promise to Address Comprehensive Toxics Act of 2022, the Act makes it possible for people damaged by contaminated drinking water at the Camp Lejeune Marine Corps Base in North Carolina to recover monetary compensation from the United States government. 

The Act specifically addresses the issue:

(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.

PACT Act 804(e)(2).

In order to prevent injured victims from being compensated twice for the same claim, the Act provides that any financial award resulting from a lawsuit will be reduced by the government benefits already received for the health or disability issues in question. However, the Act makes clear that receiving benefits does not prevent victims from filing a new lawsuit against the federal government, and any benefits moving forward will be unaffected.

So if you have received health or disability benefits for any reason, even for injuries resulting from the toxic drinking water at Camp Lejeune, you can still file a claim or a lawsuit under the Act. Your eventual monetary award could potentially be offset by the benefits you have previously received, but you should pursue all avenues to ensure that you receive full compensation for the injuries you have suffered.

Because there is only a two-year window to file lawsuits under the Act, it is important that you obtain quality representation as soon as possible. If you have kidney cancer, multiple myeloma, leukemia, or another form of cancer, and had at least thirty days of exposure (including in utero exposure) to the toxic water at Marine Corps Base Camp Lejeune, please call Davis, Bethune & Jones at 1-800-875-5972 for a free consultation. Our experienced personal injury attorneys will ensure that your rights are protected and you receive the compensation you deserve.