Our Summary

On September 6, 2023, the Navy announced what it is calling its Elective Option program in an effort to cheaply resolve only a few of the worst Camp Lejeune related diseases. This program is grossly unfair for many reasons. It is simply the first step by the Government to propose minimal settlement offers for a small category of very serious Camp Lejeune claims. The few diseases picked by the Government for the program have overwhelming evidence directly linking them to the toxic water at Camp Lejeune. We believe the Government would lose badly at trial on any of these claims it had to try in court, and thus they are trying to quickly, and cheaply, get out of these claims.

What Diseases Are Covered?

Only Kidney Cancer, Liver Cancer, Non-Hodgkins Lymphoma, Leukemias, Bladder Cancer, Multiple Myeloma, Parkinson’s Disease, Kidney Disease/End Stage Renal Disease, and Systemic Sclerosis/Systemic Scleroderma are eligible for the EO program. 

What Are The Settlement Amounts Proposed?

Depending upon the disease, and the length of exposure at Camp Lejeune, as well as how long it took the diseases to manifest after your exposure at Camp Lejeune, the settlement amounts range from $100,000 to $450,000. Death cases could be awarded an additional $100,000 maximum.

Why Is The Program Unfair?

First, the amounts proposed are grossly low and unfair. They do not consider how badly the diseases affected the person, their cost of treatment, their length and degree of suffering, or their age at time of disease. For example, a person with kidney cancer who has had no treatment yet would be awarded the same as the person who had removal of their kidney, chemotherapy, and spreading of the cancer to other areas. 

The program also allows an award for only one disease, even if you suffered with several diseases. For example, an individual with kidney cancer and limited treatment would be offered the same amount as an individual with complex kidney cancer, bladder cancer and Parkinson’s disease.  

Next, the program only addresses cases the Government is most worried about in court. The program, in our view, is a transparent attempt by the Government to make quick, low ball offers to serious cases in hopes of providing some response to Congress as to why the Government has not fairly and quickly taken care of Veterans and their families who suffered due to Camp Lejeune.

Do I Have To Formally Apply Under The Program?

There is no need to ‘apply’ for the program. The Navy will take each claim filed that covers one of the diseases included in the program and consider it for the program. First, the Navy will review any government documents it has access to (VA records, Military records) and on its own try to determine if the person qualifies for an offer under the program. 

If the Navy determines the claim qualifies, they will then notify the claimant’s attorney. If the Navy cannot determine if the claim qualifies based on the government documents it has access to, it will then write to the claimant’s law firm and ask that additional documents be provided such as medical records and records showing time at Camp Lejeune. Once the Navy considers these additional documents, it may then make an offer under the program. 

Do I Have To Accept An Offer Under the Program?

You absolutely do not have to accept any offer under the program. Even if the Navy makes an offer, it is not binding on you and you may simply proceed with you claim until a higher, more fair offer is made. 

There are many reasons why an offer would be rejected, including that the amounts in the program are generally too low, the amounts do not consider the suffering of each claimant individually, the program awards death claims only an additional $100,000, the program awards money for only one disease even if you had two or more diseases covered by the program, etc. 

Overall, we think the program is a basic first step taken by the Navy to open discussions on resolving Camp Lejeune claims and we strongly believe the program will be modified upwards over time to award higher offers and include many more diseases.