Camp Lejeune Justice Act Update: Bill Clarifies Claims, Caps Fees, and Offsets Awards Against VA/Medicare Benefits

The 'Ensuring Justice for Camp Lejeune Victims Act of 2025' proposes several technical corrections to the original Camp Lejeune Justice Act of 2022. Effective retroactively to August 10, 2022, this bill aims to refine the process for individuals seeking relief for harm caused by water contamination at the base, impacting how claims are proven, where they are handled, how much compensation is ultimately received, and what attorneys can charge.

Fine-Tuning the Fine Print

This bill clarifies a few key areas. First, it explicitly defines 'harm' to include "latent or potential harm," potentially helping those whose health issues emerged long after their exposure at Camp Lejeune. Think of someone exposed decades ago who only recently developed a related illness – this change confirms their situation counts. The bill also sets out requirements for proving a connection between the contaminated water and the harm suffered, requiring presence at the base for at least 30 days and establishing specific evidentiary standards. While standards can provide clarity, they could also make it tougher for some claimants to prove their case.

On the logistics side, the bill designates the U.S. District Court for the Eastern District of North Carolina as the exclusive venue for pretrial matters. However, it allows either party to request transferring the case to another federal court within the Fourth Circuit (covering NC, SC, VA, WV, MD) for the actual trial phase. It also guarantees the right to a jury trial if requested and mandates that courts expedite these cases, aiming for quicker resolutions.

The Bottom Line: Awards, Offsets, and Attorney Fees

A major financial change involves offsets. If a claimant reaches a settlement or receives a judgment after filing a civil lawsuit, the award amount will be reduced by any disability benefits or healthcare payments already received from VA programs, Medicare, or Medicaid specifically related to the Camp Lejeune water exposure. For example, if someone receives a $100,000 judgment but has already received $30,000 in VA disability payments for the same condition linked to Lejeune, their net award from the lawsuit would be $70,000. Importantly, settlements reached before a lawsuit is formally filed are not subject to this offset.

Attorney fees are also addressed. The bill caps fees at 20% for settlements reached before filing suit and 25% for settlements or judgments obtained after filing suit. While intended to maximize the funds going directly to victims, these caps could potentially make it harder for claimants with very complex cases to secure legal representation. The bill does affirm that attorneys and clients can agree to lower fees than these maximums.

Putting It Together

These amendments apply to all Camp Lejeune claims pending or filed on or after the Act's enactment, effectively dating back to August 10, 2022. Crucially, the bill states it doesn't alter the fundamental rules about who is eligible to file a claim or the existing time limits for doing so under the original 2022 Act. In essence, this legislation attempts to streamline the legal process and clarify terms, but introduces significant financial adjustments through award offsets and attorney fee limitations that claimants and their representatives will need to navigate.