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Parkinson’s Disease: Camp Lejeune Contaminated Water Claims

Parkinson’s Disease has gained public notoriety over the years with announcements by several beloved celebrities that they suffer from the disease, including Muhammad Ali, Linda Ronstadt, and Michael J. Fox.  However, there is still a great need for public awareness of Parkinson’s Disease as an illness and the details of its suspected causes, its debilitating symptoms, and its long-term ramifications for both its victims and their loved ones.

What is Parkinson’s Disease?

According to the American Parkinson’s Disease Association (“APDA”), over 1,000,000 people have been diagnosed with Parkinson’s Disease in this country alone.  Most (90%) are over 50 years old.  No one knows the underlying cause of Parkinson’s Disease.  A diagnosis is given after a study of overt symptoms combined with brain imaging scans. 

By itself, Parkinson’s Disease (“Parkinson’s”) is not a fatal illness.  However, the disease does cause complications that can, and do, contribute to an untimely death. 

Essentially, Parkinson’s is a neurodegenerative disorder that impacts the human brain.  Specifically, the disease attacks the brain’s substantia nigra region.  This region is the part of the brain which regulates bodily movement.  Research has revealed a loss of dopamine as part of the disease. 

Parkinson’s Disease is characterized as a “movement disorder” that is “chronic and progressive” with no known cure. Parkinson’s Disease can result in any one or more of the following, which may develop or increase over several years:

  • Anxiety
  • Apathy
  • Balance problems (problems walking; instability)
  • Cognitive impairment
  • Constipation
  • Depression
  • Fatigue
  • Hallucinations
  • Loss of sense of smell
  • Paucity of movement (“hypokinesia“)
  • Rigid muscles
  • Sleep problems
  • Slow movement (“bradykinesia”)
  • Stiff muscles
  • Tremors.

Camp Lejeune Claims for Parkinson’s Disease

It is no longer disputed by the federal government or the U.S. military that the water provided for human use at Marine Base Camp Lejeune in North Carolina during the years 1953 – 1987 was contaminated with dangerous chemicals. 

Whether or not the Camp Lejeune contaminants caused Parkinson’s Disease was once controversial.  However, within the past five (5) years, there has been official recognition by the United States Department of Veterans Affairs (“VA”) of a causal link between the chemicals found in the Camp’s water systems and Parkinson’s Disease.  

2017 VA Recognizes Parkinson’s Disease as Camp Lejeune Presumptive Service Condition

In 2017, the federal regulations contained in 38 C.F.R. §§ 3.307, 3.309 were expanded to include Parkinson’s Disease as another of the VA benefits’ “presumptive service conditions” resulting from exposure to the Camp Lejeune water supply.

Camp Lejeune Justice Act of 2022

This summer, President Biden signed into law the historic Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, more commonly referred to as the “Honoring the PACT Act of 2022.” This incorporated legislation is known as the “Camp Lejeune Justice Act of 2022” (“Camp Lejeune Act”). 

This new law provides relief for those suffering harm from the contaminated water at the North Carolina Marine Corps Base Camp Lejeune from August 1, 1953 to December 31, 1987. Those who can establish they meet the definition of “claimants” under the Camp Lejeune Act now have the ability to file a personal injury or wrongful death civil lawsuit for tort damages against the United States Government.  The claim must be filed in a North Carolina federal district court within two years of the passage of the Camp Lejeune Act. 

This new federal legal remedy includes help for those who have Parkinson’s Disease and survivors of deceased Parkinson’s Disease victims. 

Camp Lejeune Civilian Workers Have Greater Risk for Parkinson’s Disease

Of particular importance is the need for any civilian who spent at least thirty (30) days at Camp Lejeune between 1973 and 1985 to investigate if they have a Parkinson’s Disease claim to be filed under the new Camp Lejeune Act.

According to research undertaken by the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“CDC-ATSDR”), civilian workers at Camp Lejeune during the years 1973 to 1985 have an even higher risk of Parkinson’s Disease than other groups who worked, lived, or served there.

Read, ATSDR Study Finds Higher Risk of Some Causes of Death for Civilian Workers at Camp Lejeune, published by the CDC-ATSDR on August 13, 2014. 

Justice for Camp Lejeune Contaminated Water: Parkinson’s Disease

It is known that Parkinson’s Disease is linked to human exposure to the chemicals found in the contaminated water at Camp Lejeune.  Research studies confirm the correlation, and the VA has acknowledged causation in its recognition of Parkinson’s as a presumptive service condition in determining VA benefits. See, e.g., De Miranda, Briana R., and J. Timothy Greenamyre. “Trichloroethylene, a ubiquitous environmental contaminant in the risk for Parkinson’s disease.” Environmental Science: Processes & Impacts 22.3 (2020): 543-554.

Nevertheless, for those who lived, worked, or served at Camp Lejeune or one of its installations (e.g., Marine Corps Air Station New River), there is a need to investigate and formalize a federal claim for damages under the Camp Lejeune Act.  This process can be complicated and confusing since the injuries occurred so many years ago.

The person living with Parkinson’s and their loved ones must be able to provide authenticated and admissible evidence not only of (1) meeting the definition of claimant under the Act’s provisions (e.g., “standing”); but (2) their medical diagnosis of Parkinson’s Disease and its subsequent complications; (3) confirmation of the particular water toxin’s chemical causation; and (4) resulting damages. 

As a “presumptive service condition,” Parkinson’s Disease claims filed under the new Camp Lejeune Act may be easier to prove and resolve than others.  Still, it is expected that defense counsel will aggressively challenge every aspect of the plaintiff’s case connecting bodily harm to the water itself. 

For more on Camp Lejeune Water Contamination Claims, read:

The fact that our military service personnel, civilian workers, reservists, and their loved ones were harmed by several decades of toxic water contamination on an established military base is a tragedy. Please be careful out there!   

 

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If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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