Navy Proposes a Resolution Plan for Some Camp Lejeune Claims.
On September 6, 2023, the Department of the Navy (DON), in conjunction with the Department of Justice (DOJ), announced a settlement framework for certain Camp Lejeune Justice Act (CLJA) claimants. This settlement is called the “Elective Option” or “EO.” Clients meeting the criteria set forth by the DON may receive a settlement offer through the Elective Option program and will have 60 days to decide. If accepted, and upon completion and verification of the required release paperwork, the DON has pledged to notify the Department of the Treasury and have checks issued within 60 days. While this seems to be promising news, the Public Guidance on the Elective Option did not say when offers would start. Following are some Q&As that might be helpful.
Q. Which diseases are covered?
A. Please see the chart below.
| Disease | Qualifying Injury Tier |
|---|---|
| Kidney Cancer | Tier 1 |
| Liver Cancer | Tier 1 |
| Non-Hodgkin’s Lymphoma | Tier 1 |
| Leukemia | Tier 1 |
| Bladder Cancer | Tier 1 |
| Multiple Myeloma | Tier 2 |
| Parkinson’s Disease | Tier 2 |
| Kidney Disease / End Stage Renal Disease | Tier 2 |
| Systemic Sclerosis / Scleroderma | Tier 2 |
Q. How much will my offer be?
A. Qualifying injury claimants will receive offers between $100,000 and $450,000 as described in the chart below.
| 30-364 Days
exposed |
1 year to 5 years |
More than 5 years | |
|---|---|---|---|
| Tier 1 Qualifying Injury | $150,000 | $300,000 | $450,000 |
| Tier 2 Qualifying Injury | $100,000 | $250,000 | $400,000 |
*Qualifying Wrongful Death claimants receive an additional $100,000. Thus, the range of offers in the EO program will be $100,000 – $550,000.
For example, a qualifying claimant who suffered from Leukemia after being exposed at Camp Lejeune for four (4) years would receive an EO settlement offer of $300,000. A bladder cancer victim having served at Camp Lejeune for over five (5) years who passed away from the illness would receive an offer of $550,000, the maximum offer under the EO program.
Q. What can I do to enter the program?
Q. What if my disease is not one of the nine qualifying injuries?
A. The DON is starting with nine (9) diseases they have identified as both most definitively linked scientifically, and the least fact intensive cases. Certain otherwise qualifying injuries, such as cardiac birth defects, are too case specific and fact intensive to make a global resolution framework. If you do not have one of the nine (9) diseases, your case will continue through the administrative and legal process. The DON and DOJ have not ruled out further settlement options.
Q. What about VA benefits?
Q. Is the EO mandatory?
Q. When will I receive an offer?
A. We don’t know yet, but this DON process is likely to continue to require patience. It has been over a year since the CLJA passed in August 2023, and while the EO program does seem promising, we’re still waiting on the DON to make offers. Almost 100,000 claims have been filed, so it will take time.
