(UPDATE: Though we’ve not yet had a chance to review it, here is a PDF copy of the official complaint – not yet including exhibits.)

(UPDATE II: Complaint now also available for download with exhibits)

While we’re working to obtain a copy of the official complaint, here’s what we know so far:

Prior to 1950, [TCE] was known as dangerous and poisonous in occupational settings involving sustained exposure to high concentrations of TCE, but specific adverse health effects resulting from [...] No related posts.]]> Clark v. United States, 660 F. Supp. 1164 (1987), summarizes mid-1900’s knowledge of TCE’s danger, unfitness for consumption, and the need to prevent it from poisoning water supplies:

Prior to 1950, [TCE] was known as dangerous and poisonous in occupational settings involving sustained exposure to high concentrations of TCE, but specific adverse health effects resulting from chronic exposure were not generally understood. Prior to 1950 it was generally known that TCE was not fit to consume and that it should not be in a water supply. The defendant [Air Force] was or should have been aware that substances such as TCE should not be in a water supply.

[...]

Prior to 1950, it was common knowledge that groundwater could be polluted and that the pollution could travel great distances from the site of the original contamination. Further, it was generally known prior to that time that percolation, a process by which substances disposed of would leach into the underlying groundwater, could occur and that groundwater needed to be protected from deleterious leachates.

The appropriate standard of care in waste disposal in the 1950s was to treat TCE as a hazardous substance in disposing of the contaminant so as not to pollute groundwater.

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Scientists studying drinking water contamination at Camp Lejeune were startled when 11 men with breast cancer and ties to the North Carolina base were identified over the last two years.

Six more have been found in one week.

Five additional men with breast cancer [...] No related posts.]]> And that number appears to be climbing. From today’s St. Petersburg Times:

Scientists studying drinking water contamination at Camp Lejeune were startled when 11 men with breast cancer and ties to the North Carolina base were identified over the last two years.

Six more have been found in one week.

Five additional men with breast cancer and a sixth who had a double mastectomy after doctors found precancerous tumors contacted the St. Petersburg Times last week after reading a story about the 11 men with the rare disease.

“This male breast cancer cluster is a smoking gun,” breast cancer survivor Mike Partain said on Friday. “You just can’t ignore it. You don’t need science to tell you something is wrong. It’s common sense. It begs to be studied.”

[...]

Male breast cancer is exceedingly rare. Just 1,900 men are expected to be diagnosed with breast cancer this year compared with nearly 200,000 women, the American Cancer Society says.

A man has a 1-in-1,000 lifetime chance of getting the disease.

Men who get it are often over 70, though it is rare even in older males. Of the 17 men identified by Partain and the Times, just three are over 70 — the youngest was Partain at 39 — and many have no family history of breast cancer, male or female, according to interviews.

[...]

If you or a family member lived at Camp Lejeune in North Carolina and have been diagnosed with male breast cancer, the St. Petersburg Times is interested in talking to you. Please call reporter William R. Levesque at (813) 269-5306 or toll-free at 1-800-333-7505, ext. 5306.

Anyone who lived or worked at Camp Lejeune in 1987 or before can register with the Marine Corps for a health survey. To register or to get more information, visit https://clnr.hqi.usmc.mil/clwater/ or call (877) 261-9782.

Partain’s comment refers to a highly-questionable report proffered recently by the National Academy of Sciences which ignored significant available evidence and reached suspiciously preposterous conclusions including, amongst others, that further study of the poisoned population at Camp Lejeune should be both limited and discounted.

Read the full story here.

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For over a year now, McDowell County’s Omar McCourry has been digging into the history of Old Fort industry and of environmental protection in the community.

Spurred by the tragic death of his brother, Curtis, to brain cancer in 2004, he learned that his brother’s illness was [...] No related posts.]]> From The McDowell News (NC) approximately one month ago:

For over a year now, McDowell County’s Omar McCourry has been digging into the history of Old Fort industry and of environmental protection in the community.

Spurred by the tragic death of his brother, Curtis, to brain cancer in 2004, he learned that his brother’s illness was not unique in Old Fort, despite the condition’s relative rarity among the greater population.

Word of mouth led him to suspect that an alarming number of folks in Old Fort had succumbed to the same illness. He has been lobbying public health officials to investigate ever since.

[...]

In 1989, more than 100 barrels of industrial waste were located buried on the site of the former Old Fort Finishing. These were excavated and found to contain dozens of chemicals as well as metals including lead, mercury, arsenic. EPA documents McCourry obtained said that 70 of the barrels had been crushed or decayed when they were unearthed.

The article notes that residential well water samples have detected TCE and PCE at levels exceeding federal safety thresholds for at least 20 years. The article fails to mention that scientists and health agencies worldwide have long-since established that TCE and PCE are neurotoxic and cause cancer.

Not only do local health officials appear typically disinterested, but a local Senator has decided to participate in what feels like an ongoing, nationwide charade:

As McCourry had been told when he brought his findings to the attention of state authorities, in any given population group, if they live long enough, a great number of them would be diagnosed with cancer. It is very difficult, they said, to identify a “cluster” of cancer cases that might indicate a pattern, or implicate an environmental toxin.

Senator Joe Sam Queen echoed that theme in his comments to The McDowell News.

“Cancer is a condition that touches every family eventually,” he said. “We are all interested in a situation that may involve or jeopardize the health of children.

Translation: People die, suck it up.

The Senator’s comment is one that we hear frequently, and it remains a transparent excuse for inaction. The Senator and local/state health officials should give this matter the attention it deserves rather than idly hiding behind their stuff happens party line.

Edit: Thanks to Jill for the tip.

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Statement in response to National Research Council report on Camp Lejeune:

We are disappointed and dismayed at the report titled, “Contaminated Water Supplies at Camp Lejeune – Assessing Potential Health Effects,” released by the National Research Council (NRC) on Saturday, June 13, 2009. This report was [...] No related posts.]]> We received this statement by email Wed evening (emphasis ours):

Statement in response to National Research Council report on Camp Lejeune:

We are disappointed and dismayed at the report titled, “Contaminated Water Supplies at Camp Lejeune – Assessing Potential Health Effects,” released by the National Research Council (NRC) on Saturday, June 13, 2009. This report was two years in preparation by scientists, many of whom we know and respect, that reached puzzling and in some cases erroneous conclusions. We are aware of the complex situation regarding availability and access to data, and each of us has participated in committees advising the Agency for Toxic Substances and Disease Registry (ATSDR) about how to move forward with health studies. It is our view that the Marines and their families who were exposed to dangerous chemicals in the Camp Lejeune drinking water over several decades deserve to know if this exposure has had an effect on their health. The most direct way to assess this is to conduct valid epidemiologic studies of those who lived or worked there, and we urge ATSDR to continue their efforts to carry these to conclusion. The overall judgment about the impact of the chemicals on health can then be informed both by the general scientific literature the NRC reviewed, plus findings from directly relevant studies of the exposed population.

Specific areas where we disagree with the NRC report include their assessment of the water distribution modeling, their assessment of the risk caused by exposure to two of the principal contaminants (TCE and PCE), and the likelihood of conducting meaningful epidemiologic studies in this setting. We view the water modeling undertaken by ATSDR and its consultants as “state-of-the-art” and worth carrying through to completion so that it can be used in the on-going and proposed health studies. There may be uncertainties about specific levels of exposure for individual households or people, but these can be described in the study results. We also agree with the National Toxicology Program that TCE and PCE are “reasonably anticipated to be human carcinogens” and reject the characterization of the evidence as “limited/suggestive” as presented in the NRC report. We note that this characterization of solvent mixtures actually steps back from previous work done by the National Academy of Sciences Institute of Medicine in 2003. Finally, we disagree with the thrust of the NRC report that it is unlikely that scientifically informative epidemiologic studies of the Camp Lejeune population can be done. The NRC doubts that “definitive” answers can come from any study, but this sets the bar too high – no one study can provide definitive answers, and all studies must be considered in the light of other scientific evidence. From our experience in other settings, we believe that useful studies of the Camp Lejeune population are possible and furthermore that the Marines and their families deserve our government’s best efforts to carry them out.

For these reasons, we urge the ATSDR to consider this particular NRC report in the context of other expert advice they have received during the past decade and the competent work already done by agency staff. Since the NRC report is at such variance with the recommendations of other water modeling and epidemiologic experts, we believe it should not stand as the final word.

Sincerely,

Ann Aschengrau, Sc.D., Professor, Associate Chair of the Department of Epidemiology, Boston University School of Public Health

Richard Clapp, D.Sc., MPH, Professor, Boston University School of Public Health

David Ozonoff, MD, MPH, Professor and Chair Emeritus of the Department of Environmental Health, Boston University School of Public Health

Daniel Wartenberg, Ph.D., Professor, Environmental and Occupational Medicine, Robert Wood Johnson Medical School

Sandra Steingraber, Ph.D., Scholar in Residence, Ithaca College

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HAGAN WANTS A CONCLUSION TO THE ONGOING CAMP LEJEUNE WATER CONTAMINATION ISSUE

Tuesday, June 16, 2009

WASHINGTON, D.C. – US Senator Kay R. Hagan (D-NC) issued the following statement reacting to a new National Academy of Sciences (NAS) study on water contamination at Camp Lejeune. The study, released Saturday, [...] No related posts.]]> The following press release was issued yesterday (emphasis ours):

HAGAN WANTS A CONCLUSION TO THE ONGOING CAMP LEJEUNE WATER CONTAMINATION ISSUE

Tuesday, June 16, 2009

WASHINGTON, D.C. – US Senator Kay R. Hagan (D-NC) issued the following statement reacting to a new National Academy of Sciences (NAS) study on water contamination at Camp Lejeune. The study, released Saturday, concludes that while there was water contamination at the Jacksonville Marine base, additional research is “unlikely to determine conclusively whether Camp Lejeune residents were adversely affected by exposure to water contaminants.” Hagan, a member of the Senate Armed Services Committee, has been very active in working to determine whether the Navy and Marine Corps should have handled water contamination at Camp Lejeune differently.

“The NAS study released Saturday is simply a review of previous scientific literature on hydrocarbon solvents, reports on Camp Lejeune water contamination, and published epidemiologic and toxicological studies,” said Hagan. “However, it failed to take into account the conclusions of previous epidemiological studies that found an association between volatile organic compounds (VOCs) exposures and childhood leukemia, and presents some direct contradictions to the EPA’s maximum containment levels of VOCs in drinking water. Moreover, the NAS study barely mentioned benzene and vinyl chloride and severely downplays the established links between adverse health effects and exposure to VOCs that were present in the water at Camp Lejeune. For these reasons, I cannot stand behind the validity of the NAS study.

The NAS study neglected to address key historical documents, also omitted in previous studies, regarding verified high levels of benzene found in an operating well on July 6, 1984 in the Hadnot Point water system and the 1979 leak of 20,000-30,000 of fuel at the near-by Hadnot Point fuel farm.

“The resolution of this issue cannot be held hostage to additional scientific studies that may not tell us anything more than we already know. The time has come for Congress, the Department of the Navy, and the Marine Corps to work together to develop a plan to resolve the longstanding issue of water contamination at Camp Lejeune. We already know that exposure to VOCs in drinking water is linked to adverse health effects,” Hagan continued. “While it is important that we allow the Agency for Toxic Substances and Disease Registry to complete its water modeling simulation and pending epidemiological studies for personnel and residents affected at Camp Lejeune, ongoing work on these simulations and studies need not foreclose action by Congress and the administration to reach an appropriate resolution.”

Last week, Hagan sent a letter to the Navy along with Senator Richard Burr (R-NC) asking 14 detailed questions to determine if there was prior knowledge of TCE (trichloroethylene), PCE (perchloroethylene), benzene, and vinyl chloride in the water supply before the wells were shut down. The Navy and Marines Corps have until June 25th to respond. Hagan and Burr plan to meet with the Navy Secretary Ray Mabus to address these questions and the conclusions of the NAS study before August.

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The available scientific information does not provide a sufficient basis for determining whether the population at Camp Lejeune has, in fact, suffered adverse health effects as a result of exposure to contaminants [...] No related posts.]]> A report by the National Research Council, Contaminated Water Supplies at Camp Lejeune – Assessing Potential Health Effects, was released yesterday. Money quote:

The available scientific information does not provide a sufficient basis for determining whether the population at Camp Lejeune has, in fact, suffered adverse health effects as a result of exposure to contaminants in the water supplies.

[...]

[T]hese limitations cannot be overcome with additional study. Thus, the committee concludes that there is no scientific justification for the Navy and Marine Corps to wait for the results of additional health studies before making decisions about how to follow up on the evident solvent exposures on the base and their possible health consequences.

Though we’re not yet through the whole thing, the report appears to raise more questions than it answers — not so much about the exposed poisoned population at CL, but about the mindset, approach and conclusions of the NRC.

Andrea over at The Few, The Proud, The Forgotten has posted the the full report (PDF), as well as the report brief (PDF) and the executive summary (PDF).

We’ll be back with thoughts and questions once we trudge through the full report…stay tuned.

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After graduating from Florida State University with a journalism degree, William J. P. Smith, Jr. served in the USMC from 1956 until 1959, stationed at [...] No related posts.]]> Like Mike Partain, Bill Smith is a male breast cancer survivor who was exposed to toxins at Camp Lejeune, NC. Bill was kind enough to share his story with us:

After graduating from Florida State University with a journalism degree, William J. P. Smith, Jr. served in the USMC from 1956 until 1959, stationed at Camp Lejeune, NC, the majority of the time with the Globe as sports editor and acting editor of the largest Corps newspaper at the time. While there, he married, residing at the trailer park on the base and later in Midway Park, while fathering two girls.

In 1994, Bill was diagnosed with breast cancer, and had a radical modified mastectomy with 30 lymph nodes removed from his left side. He was treated with Tamoxifin for five years, and has had no reoccurance. It should be noted that there was no history of any kind of cancer in the Smith family. His former wife and two girls have had no symptoms of the disease.

On behalf of women, Bill has been a fund raiser and is the subject of two books, Living with Breast Cancer, the Story of 39 Women and One Man by Perry Colemore and Lisa Adelsberger, and Messages from Somewhere, Inspiring Stories of Life After 60 by Harriet May Savitz. He has also written an autobiographical screenplay on his experience.
The irony of all of this is that Bill was part of the team at Xerox Corporation that introduced xeroradiography for the early detection of breast cancer in 1969 at Hutzel Hospital in Detroit. Every once in a while, he takes the press kit from his library shelf and shares it with his students, who find it hard to believe that men can contract the horrific disease.

Today, Bill resides in Tallahassee, FL with his wife Kathy, teaches at FSU and runs an integrated marketing communications consultancy, Huckleberry Finn Tomorrow.

There are now at least 4 men known to have developed breast cancer after exposure to toxins at Camp Lejeune. With fewer than 2,000 new cases of male breast cancer diagnosed each year, we wonder:

• What are the odds of finding 4 cases of male breast cancer from the same contaminated military base?
• How many other military men have developed breast cancer?

As we learn more, we’ll keep you posted.

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During the last 20 years, Tallevast residents say dozens of their neighbors have died prematurely. Others are still fighting cancer and beryllium-related health issues.

But a draft Florida Department of Health report on the community blighted by more than 200 acres of polluted ground water found just four cases of cancer.

The [...] No related posts.]]> Last week’s Sarasota Herald-Tribune (FL) reports:

During the last 20 years, Tallevast residents say dozens of their neighbors have died prematurely. Others are still fighting cancer and beryllium-related health issues.

But a draft Florida Department of Health report on the community blighted by more than 200 acres of polluted ground water found just four cases of cancer.

The report could hardly be more different from a survey by residents that showed about 90 cases of cancer or beryllium-related diseases in the mainly black community.

DOH officials who met with the neighborhood group FOCUS on Monday agreed that their numbers, based on a state database and figures from a local hospital, were wildly off the mark. They also admitted they had studied the wrong ZIP code.

(more)

Although Tallevast has a post office, most Tallevast residents live in a Sarasota ZIP code.

“That’s one of the problems of dealing with a statewide database,” said Randy Merchant, a DOH administrator. “It’s hard to get a handle on what is happening in so small an area.”

The results left community leaders upset that state officials had not worked more closely with them to ensure errors like this did not happen.

“We’re angry,” said Wanda Washington, vice president of FOCUS. “We’re just not sure what road to take. No one ever came into the community to do a study. If you are doing it from behind a desk, you’re going to miss a lot.”

FOCUS’ figures on incidences of cancer came from a door-to-door survey quizzing families about their medical histories.

The community of about 80 homes sits above more than 200 acres of polluted ground water left behind by the former American Beryllium Co., which built parts for nuclear warheads for the federal government for nearly 40 years.

State officials said they will likely get an epidemiologist to conduct a similar door-to-door survey.

The cost would be about $125,000, they said.

State Rep. Bill Galvano, R-Bradenton, said if the DOH cannot fund it he will look for other funding sources.

“I’ve committed myself to help see that that happens so that the question can be answered and a more accurate picture developed,” Galvano said.

Residents in Tallevast have asked Lockheed Martin, the company responsible for the cleanup of the site, to pay for them to move. They have also filed several lawsuits against Lockheed and other companies that operated at the site seeking damages for health issues and falling property values.

Lockheed became the owner of the Tallevast site after the company acquired the former Loral company in 1996. It shut down the plant and sold the property, but not before discovering soil and ground-water pollution on and around the site.

In 2000, Lockheed notified county and state officials of the pollution, which included trichloroethylene, or TCE, a compound linked to liver and kidney cancer and other ailments.

Residents, who were not informed for almost four more years, continued to use well water. Their homes were switched to the county drinking water system in 2004.

FOCUS leaders said they would welcome state officials’ repeating their survey.

“We think the state will be better at it,” Washington said. “You need to put your feet on the ground and come out here and collect that information.”

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Poisoned at Camp LeJeune, snookered by Uncle Sam

Bill Berlow

Associate Editor

Mike Partain, son and grandson of Marine Corps veterans, grew up steeped in traditional American values — a rock-solid Reagan Republican [...] No related posts.]]> Mike Partain is a breast cancer survivor. He was diagnosed years after his exposure to toxins at Camp Lejeune, NC. Tallahassee.com tells his story:

Poisoned at Camp LeJeune, snookered by Uncle Sam

Bill Berlow

Associate Editor

Mike Partain, son and grandson of Marine Corps veterans, grew up steeped in traditional American values — a rock-solid Reagan Republican whose life, even before birth, began among the few, the proud, at Camp LeJeune, N.C.

But for the past year, the 40-year-old Tallahassee insurance claims adjuster’s faith in his government has been shaken to its core.

He’d always assumed that Uncle Sam, first and foremost, had the health and welfare of U.S. citizens at the top of his priority list — especially if they’d worn the uniform.

Now he’s much less sure.

Partain’s crisis of doubt began a year ago, when his wife gave him “a hug that changed my life.” She found a lump, which turned out to be a cancerous tumor. A 14-inch surgical scar where Partain’s right breast used to be is the physical evidence of his breast cancer.

Less obvious is the psychological scar — both as a cancer survivor still undergoing treatment and as one who feels his government betrayed a trust.

(more)

Not long after he learned he had cancer, Partain found out that his recurring rash since birth and his breast cancer — rare among men, particularly those with no family history of the illness — probably stemmed from his exposure during fetal development and the first year of his life to water contaminated with tetrachloroethylene, a solvent used in dry cleaning.

Just two months after Partain’s wife felt the lump, the federal Agency for Toxic Substances and Disease Registry acknowledged that Marines and their families who between 1957 and 1987 lived in the LeJeune neighborhood where his family lived, drank water contaminated with extremely high levels of the carcinogenic chemical.

Partain and a network of former LeJeune residents who believe their serious health problems are due to the poisoning point out, however, that the government first knew of the contamination in the early 1980s — but did little or nothing to let the former Marines and their families know they were at risk.

“At this time last year, I was dying and I didn’t know,” Partain said. “The government knew I was dying and didn’t tell me. That burns me up.”

The LeJeune families can’t sue the feds, since the government hasn’t waived its sovereign-immunity protection. The military, meanwhile, is protected by the Ferris Doctrine, a 1950s-era ruling that protects the armed services from legal action by the men and women who serve — the idea being that if a soldier was wounded in battle because of a commanding officer’s dumb decision, the country would be worse off if the government had to battle personal-injury lawyers as well as foreign enemies.

I first met Partain in the fall of 2006, several months before his diagnosis. He was the adjuster for an insurance claim we filed. A former teacher from Winter Haven, where he grew up, he and I talked of his deep regret about having to give up teaching to support his wife and four children. That conversation even helped inspire a column about ex-teachers in November of that year.

Last year, after he told me his illness motivated his involvement in a crusade to reveal the truth behind the LeJeune environmental debacle, the Tallahassee Democrat reported his story on July 9, a few weeks after a congressional hearing on the LeJeune families.

A congressional investigation is still under way, and Partain has gotten help from U.S. Rep. Allen Boyd, D-Monticello, who called Partain’s story and that of other LeJeune families “deeply troubling, to say the least.”

Boyd’s office, which has tried to navigate the federal and military bureaucracies for Partain, said he is one of seven constituents in the congressman’s North Florida district who are seeking more information related to the LeJeune contamination.

Now Partain reluctantly acknowledges that he’s an activist, a word he’s still not comfortable with because of his conservative upbringing and beliefs.

When I likened the experience of the LeJeune Marine families to military victims of Agent Orange during the Vietnam War, Partain agreed.

“Defend, deny and delay,” he said, describing the government’s strategy in the face of claims that Agent Orange was responsible for a slew of veterans’ illnesses. “And that’s what they’re doing to us.”

Partain (strashni@comcast.net) was to share his story last night with vets at the American Legion post on Lake Ella. Even though he doesn’t realistically expect compensation from the government, it’s part of his personal commitment to spread the word about those exposed to the poison, estimated to number upwards of a million Americans.

It’s one more example of a government’s betrayal — always shocking, but, sadly, no longer surprising and, as Partain says, quickly forgotten.

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