Ensuring Justice for Camp Lejeune Victims Act of 2025
The Ensuring Justice for Camp Lejeune Victims Act of 2025 is a technical corrections measure that tightens and clarifies aspects of the Camp Lejeune Justice Act of 2022. Key changes include broadening the theory of recovery to cover latent or potential harms (not just latent diseases), clarifying the burden of proof and exposure requirements, adjusting venue and jurisdiction rules to streamline pretrial processes while allowing some transfers, updating how health-benefits offsets work with VA/Medicare/Medicaid, and setting limits on attorney fees. The bill retroactively applies to claims under the Camp Lejeune act as of August 10, 2022, and applies to claims pending or filed after enactment. It does not alter the statute of limitations provisions. In short, the bill aims to make it easier for Camp Lejeune exposure victims to pursue claims by clarifying evidence standards, expanding the kinds of harm recoverable, expediting court handling, clarifying how other benefits interact with settlements or judgments, and limiting attorney fees.
Key Points
- 1Technical corrections to the Camp Lejeune Justice Act of 2022:
- 2- Removes a specific venue requirement tied to the Eastern District of North Carolina and adds language recognizing latent or potential harm.
- 3Burden of proof and exposure requirements:
- 4- Plaintiffs must show a relationship between the contaminant and harm (including latent or potential harm) and that the person was present at Camp Lejeune for at least 30 days (not necessarily consecutive).
- 5- Evidentiary standard allows proving either a causal relationship or that such a relationship is at least as likely as not.
- 6Jurisdiction, venue, and trial process:
- 7- The U.S. District Court for the Eastern District of North Carolina retains exclusive jurisdiction for certain pretrial matters; a party may transfer to any district court within the Fourth Judicial Circuit for pretrial and trial, including evidentiary motions.
- 8- Any such action may be tried to a jury if requested; the court must expedite disposition of these cases.
- 9Health and disability benefits offsets:
- 10- Pre-filing settlements are not offset.
- 11- Post-filing settlements or judgments may be offset by applicable benefits (VA programs, Medicare, and Medicaid) related to health care or disability tied to Camp Lejeune exposure.
- 12Attorney fees:
- 13- Fees are capped: up to 20% of settlements entered before a civil action is commenced; or up to 25% of judgments or settlements after a civil action is commenced.
- 14- Fee divisions between attorneys must be proportional to their services if not in the same firm, with flexibility to agree to lower fees.
- 15Effective date and scope:
- 16- Applies retroactively to August 10, 2022, to claims pending on or filed after enactment.
- 17Rule of construction:
- 18- The act does not modify the statute of limitations provisions under the Camp Lejeune Justice Act of 2022.