Camp Lejeune Justice Act (CLJA) Elective Option

Overview of the Elective Option (EO)

• The EO is a voluntary framework for resolving Camp Lejeune Justice Act (CLJA) claims quickly and efficiently
• Allows claimants to resolve certain CLJA claims more quickly and efficiently than in litigation
• Available to certain claimants with Qualifying Injuries who resided or worked at Camp Lejeune for at least 30 days

Eligibility for the EO

• Claimants must have a Qualifying Injury (listed in the EO grid) and satisfy the Onset Requirement (injury diagnosed or treated before August 10, 2022)
• Claimants must also meet the Latency Requirement (injury diagnosed or treated at least 2 years after first exposure and not more than 35 years after last exposure)

EO Grid

• The EO grid provides settlement offers based on the type of injury and duration of exposure
• There are two tiers of Qualifying Injuries:
  • Tier 1: injuries with "sufficient" evidence of causation (e.g. Kidney Cancer, Liver Cancer)
  • Tier 2: injuries with "equipoise and above" evidence of causation (e.g. Multiple Myeloma, Parkinson's Disease)
• Settlement offers range from $150,000 to $550,000 depending on the type of injury and duration of exposure

Evidentiary Standards

• Claimants must provide medical documentation to show a Qualifying Injury
• Claimants must also provide documentation to show duration of exposure (e.g. housing or employment records)
• Claimants who have previously received healthcare or disability benefits related to Camp Lejeune from the VA may rely on those benefits to establish a Qualifying Injury or Duration of Exposure

Process for Reviewing Administrative Claims for the EO

• Step 1: Determine "perfection" of the administrative claim
• Step 2: Screen perfected claims for a Qualifying Injury
• Step 3a: Department of the Navy-initiated investigation to determine Qualifying Injury, Date of Diagnosis, Date of First Exposure, Date of Last Exposure, and Latency Requirement
• Step 3b: Claimant substantiation (if necessary)
• Step 4: Department of the Navy finalization and request for payment from the Judgment Fund

Benefits of Accepting an EO Settlement

• Guaranteed payment

• Faster payment (within 60 days)

• Reduced number of factual issues to establish

• No offsets to reflect disability award, payment, or benefit related to water exposure at Camp Lejeune### EO Settlement Offers

• EO settlement offers will not be offset by disability awards, payments, or benefits received through the Department of Veterans Affairs.

• Claimants who decline an EO settlement offer may keep their administrative claim with the Department of the Navy.

Declining an EO Settlement

• The Department of the Navy and the Department of Justice are continuing to develop additional frameworks for resolving CLJA matters.
• These additional frameworks may require greater time and resources than the EO, and recovery is not guaranteed, and offsets may be applied.
• Alternatively, a claimant may file a lawsuit in federal court, provided that the claim has either been formally denied by the Department of the Navy or six months have passed since the claim was initially filed.

Claims Already in Litigation

• The EO does not apply to claims already in litigation, but the Department of Justice will investigate and offer to resolve claims currently in litigation consistent with the EO (“DOJ-EO”).
• Claimants who filed a civil litigation complaint in the United States District Court for the Eastern District of North Carolina cannot dismiss their lawsuit to return to the administrative claim process.
• The Department of Justice will screen and investigate already-filed lawsuits using a similar process as the Department of the Navy.
• Claims for which a district court complaint was filed between August 10, 2022, and 30 days after the announcement of the EO are referred to as “Group A” claims.

DOJ-EO Settlement Offers

• DOJ-EO settlement offers extended to Group A claims shall expire after 60 days.
• Upon acceptance of a DOJ-EO settlement offer, a Group A claimant shall fully complete DOJ’s “Stipulation for Compromise and Settlement Release of Claims Pursuant to 28 U.S.C.§ 2677” and related documentation, U.S. Treasury Judgment Fund forms necessary for payment, and a certification stating that the district court complaint will be dismissed with prejudice within 14 days of receipt of the DOJ-EO settlement payment.
• Group A claimants who timely accept a DOJ-EO settlement offer shall not have their VA benefits offset because of their settlement.

Qualifying Diseases

• Compensating specific qualifying diseases is consistent with other government programs.
• The EO relieves claimants of the burden of submitting expert testimony regarding causation and relieves the United States of the cost of evaluating that expert testimony.
• Some claimants with Qualifying Injuries may be unable to prove causation in tort litigation, while some claimants with injuries that are not Qualifying Injuries may be able to prove causation in tort litigation.

Cardiac Birth Defects

• Cardiac birth defects are not included in the EO, despite the ATSDR determining there was sufficient evidence of causation for this category of illnesses.
• Cardiac birth defects include a wide range of illnesses that are difficult to evaluate similarly without fact-intensive investigation.

VA Benefits

• The VA treats certain additional illnesses as “presumptively service-connected” to service at Camp Lejeune.
• These additional diseases are not included in the EO because, according to ATSDR, there is less scientific evidence of causation, and additional, fact-intensive investigation would likely be required in litigation.

Qualifying Injuries

• The EO does not attempt to compare the severities of different illnesses.
• Assessing the severity of an illness is a fact-intensive and time-intensive inquiry that might require examining a claimant’s medical records, deposing the claimant or the claimant’s family members, and eliciting expert opinion testimony regarding the effects of an illness.

Multiple Qualifying Injuries

• A claimant may recover under the EO for only a single Qualifying Injury.
• The EO considers settlement on a “per-claimant” basis rather than a “per-injury” basis.
• If a claimant has more than one Qualifying Injury, the claimant will be compensated for one such injury, at the level that will provide the greatest compensation for the claimant.

Effect on VA Benefits

• Accepting an EO offer for a CLJA claim will not affect the claimant’s VA benefits.
• VA will not assert a lien or offset over EO payments.

Attorneys' Fees

• Claimants should consult their attorneys regarding the percentage of their EO payment that may be collected as attorneys’ fees.

Filing an Administrative Claim

• An administrative claim should be filed with the Department of the Navy.
• The administrative claim should not be filed with the Department of Justice, the Department of Veterans Affairs, or the United States Marine Corps.
• Further information on how to file an administrative claim with the Department of the Navy can be found at: www.navy.mil/clja.

Checking the Status of an Administrative Claim

• At this time, the Department of the Navy and the Department of Justice are unable to provide updates on the status of individual claims.
• Claimants who are represented by an attorney may discuss the status of their claims with their attorney.

CLJA Elective Option (EO)

• The EO is a claims process for claimants exposed to contaminated water at Camp Lejeune
• The Navy determines if a claim is eligible for the EO
• If eligible, the Navy extends a settlement offer, which the claimant can accept or decline
• If accepted, the claimant receives payment from the Judgment Fund
• If declined, the claimant can keep their administrative claim with the Navy or file a lawsuit in federal court

Benefits of Accepting an EO Settlement

• Guaranteed payment for accepted settlement offers
• Faster payment (within 60 days) compared to litigation
• No need to prove exposure to contaminated water as the cause of illness
• No offsets for disability awards, payments, or benefits from the Department of Veterans Affairs

CLJA Elective Option (EO) Requirements

• Claimant must have resided or worked at Camp Lejeune during the statutory time period
• Claimant meets other EO requirements
• No requirement to prove exposure to contaminated water from specific systems (Tawara Terrace, Hadnot Point, or Holcomb Boulevard)

What If I Decline an EO Settlement?

• Claimant can keep their administrative claim with the Navy
• May file a lawsuit in federal court if the claim is formally denied or six months have passed since filing
• Alternative frameworks for resolving CLJA matters may require more time and resources
• Recovery is not guaranteed, and offsets may be applied