The TCE Blog » Camp Lejeune

(Updated) Camp Lejeune lawsuit: What we know so far… (NC)

Neil Fischbein — Tue, 07 Jul 2009 14:34:23 +0000

(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:

On July 4, 2009, Laura J. Jones, through her attorneys, filed a lawsuit against the the federal government claiming that her health problems, including non-hodgkins lymphoma, resulted from toxic water at Camp Lejeune. A nice touch, we think, filing suit against the government on Independence Day.

The suit was filed under authority of the Federal Tort Claims Act. The act allows citizens to sue the federal government in court for money based on “personal injury or death caused by caused by the negligent or wrongful act or omission of any employee of the Government.” (28 U.S.C.A. § 1346(b))

The official title of the case is Laura J. Jones v. United States of America, case number 7:2009cv00106 7:09-cv-00106-BO.

The case was filed in the Eastern District Court of North Carolina and was assigned to Judge Terrence W. Boyle.

The case is filed on behalf of Jones as a single plaintiff with additional cases expected to be filed in the future. No news on whether a class action filing is expected.

According to a news report from NBC17 in North Carolina:

The suit says the government knew for at least five years that chemicals such as tetrachloroethylene, trichloroethylene, dicloroethylene, vinyl chloride and benzene contaminated the water supply in high doses, but let the wells stay open.

Lawyers say the toxic water led to cancer and other health problems.

[...]

The suit contends that if the military had followed its own regulations that had been in place since the 1950s, the contamination would not have happened.

According to a CBS News 9 report, Jones lived on the base from 1980 to 1983 and was diagnosed with Non-Hodgkins Lymphoma 20 years later.

Jones’s case will rely, in part, on military documents that outline the military’s policy for maintaining a safe water supply.

Jones currently lives in Iowa and suffers from fibromyalgia and immune disorders. She was not well enough to attend the Monday’s press conference announcing the lawsuit.

Below is a video containing excerpts from the press conference, provided courtesy of NBC17:

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Searching for affected Camp Lejeune Marines and families (MA and IA)

Neil Fischbein — Mon, 06 Jul 2009 20:58:46 +0000

We are re-posting here with permission from The Few, The Proud, The Forgotten:

Looking for TFTPTF Members in MA & IA

MA Members- From LagoonVet: I’m looking for former Marines living in Massachusetts who are affected by the contaminated water at Lejeune. I was stationed aboard Lejeune from 85 to 89. I lived in Tarawa Terrace base housing from 1985 to 1986. I remember several families from Mass. that lived in the same area I lived in, so I know you’re out there. We need to get together to pressure our Congressional delegates to act on our behalf. Together we stand and they know it. If there are 2,180 former Marines registered from Massachusetts then we need to form it up and sound off. Let’s begin the contact process and start communication by posting on the discussion board first then we can take it from there. We need to do this now. Please see my thread on TFTPTF http://tftptf.com/v-web/bulletin/bb/viewtopic.php?t=422 or send me an email through the website. -LagoonVet

IA Members- From Terri & Jon: We are looking for any Marines or their families that live in Iowa. Please contact one of the following individuals: Terri Huntley at tllhuntley@yahoo.com or Jon Tory at faba2th@msn.com. Please see our thread on the TFTPTF bulletin board at http://tftptf.com/v-web/bulletin/bb/viewtopic.php?t=421 -Terri & Jon

Thanks,

Andrea Byron

Website Administrator

The Few, The Proud, The Forgotten

www.tftptf.com

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17 cases of male breast cancer among those exposed at Camp Lejeune (NC)

Neil Fischbein — Sat, 04 Jul 2009 18:50:09 +0000

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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New federal lawsuit re: exposure and ‘disinformation’ at Camp Lejeune (NC)

Neil Fischbein — Fri, 03 Jul 2009 15:11:41 +0000

This just in. We’re getting more details, will have update next week:

FOR IMMEDIATE RELEASE — LAWSUIT TO BE FILED REGARDING CAMP LEJEUNE WATER CONTAMINATION

The law offices of Anderson Pangia & Associates, PLLC (offices in Washington, D.C. and Winston Salem, North Carolina) and Smorto, Persio, Webb & McGill (of Ebensburg, Pennsylvania), will file on Monday July 6 a lawsuit arising from the toxic drinking water contamination at Camp Lejeune. The lawsuit alleges that the United States Government, through agents within the Department of Defense, knowingly exposed hundreds of thousands of Marines, sailors, their family members, and civilian employees to highly contaminated drinking water on the base at Camp Lejeune, while at the same time actively disseminating disinformation to those exposed in an effort to minimize the significance of the exposure.

The complaint, to be filed in federal court in the Eastern District of North Carolina, attaches numerous documentary exhibits in support of its allegations that the government knowingly, recklessly and/or negligently violated its own standards, rules and regulations by permitting the exposure to continue after the government was specifically warned the drinking water was “highly contaminated with . . . solvents!” and advised that “these appear[] to be at high levels and hence more important from a health standpoint. . . ” The lawsuit will allege that the Department of the Navy had regulations in place as early as 1963 which prohibited the contamination and which would have averted it had those regulations been obeyed; subsequently in 1974 the Commanding General of Marine Corps Base Camp Lejeune, North Carolina put in place additional regulations governing the proper disposal of the very same chemicals which were discovered later to be contaminating the drinking water; had these regulations been obeyed, the contamination likewise would have been prevented. This same 1974 base order declared these “organic solvents” to be hazardous, the lawsuit states.

Many scientists have called the drinking water contamination at Camp Lejeune the worst in the nation’s history. The contaminated drinking water was consumed by an estimated one million people.

The lawsuit will allege that exposure to the toxins caused numerous health problems including cancers, reproductive disorders and birth defects, among other maladies.

Joseph Anderson, Michael Pangia and Kevin Persio, the lawyers responsible for filing the suit, will answer questions of the media at a press conference to be held in front of the North Carolina State Capitol building, 1 East Edenton St. Raleigh, NC 27601 at 1:30 p.m. on Monday July 6, 2009. Call (336) 414-7958 for more information.

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Scientists speak out on CL Report: Disappointed, Dismayed, Disagree; Should Not Stand as Final Word (NC)

Neil Fischbein — Thu, 18 Jun 2009 14:34:34 +0000

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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Senator Burr Presses on Camp Lejeune Report at Hearing (NC)

Neil Fischbein — Thu, 18 Jun 2009 14:13:54 +0000

Senator Burr’s office issued the following press release Wednesday:

From: Smith, Samantha (Burr)
Sent: Wed Jun 17 17:49:09 2009
Subject: Senator Burr Presses on Camp Lejeune Water Contamination at Hearing

Burr Presses on Camp Lejeune Water Contamination at Hearing
Burr questions Navy on NAS report

FOR IMMEDIATE RELEASE
Wednesday, June 17, 2009

CONTACT:
David Ward
Samantha Smith

Phone:(202) 228-1616

WASHINGTON, D.C. – Today, the Senate Armed Services Subcommittee on Readiness and Management Support held a hearing on military construction and environmental initiatives. U.S. Senator Richard Burr (R-North Carolina), Ranking Member of the Subcommittee, raised concerns about the recent National Academy of Sciences (NAS) report on water contamination at Camp Lejeune and pressed the Navy for answers.

“It’s clear that the water at Camp Lejeune was contaminated by a number of hazardous chemicals at unsafe levels,” Senator Burr said. “I am deeply concerned about the conclusions in the report from the National Academy of Sciences. This latest report still raises more questions than it answers.”

The NAS panel report, released on Saturday, concludes the water systems at Camp Lejeune were in some cases highly contaminated by two hazardous chemicals, although the NAS also stated that it could not say for sure whether the people exposed to these chemicals may have suffered adverse health outcomes as a result. The report lists fourteen diseases and health conditions that may have a link with human exposure to the chemicals indentified in the Camp Lejeune water system.

In addition to questions at today’s hearing, Senator Burr has written a letter to the Secretary of the Navy seeking answers to additional, detailed questions.

“I will continue to seek additional answers from the Department of the Navy, and I also intend to seek further input from the scientific community,” Burr said. “Former Marines, their families, and former employees at Camp Lejeune have waited far too long for answers, and we need to start working toward a resolution.

# # #

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Senator Hagen calls bullsh*t on Camp Lejeune Report (NC)

Neil Fischbein — Wed, 17 Jun 2009 17:16:06 +0000

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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Update: Camp Lejeune Attorneys (NC)

Neil Fischbein — Sun, 14 Jun 2009 23:22:46 +0000

The Few, The Proud, The Forgotten has updated info here.

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National Academy of Sciences releases doozy of a report on Camp Lejeune (NC)

Neil Fischbein — Sun, 14 Jun 2009 22:53:08 +0000

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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Bill Smith, male breast cancer survivor, Camp Lejeune (FL, NC)

Neil Fischbein — Mon, 31 Mar 2008 15:21:44 +0000

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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