Mass Torts

What is the Camp Lejeune water contamination?

Camp Lejeune is a U.S. Marine Corps Base in Jacksonville, North Carolina. In 1982, the Marine Corps discovered contaminants in the drinking water provided by two of eight water treatment plants on the base. These contaminants caused early cancer and other illnesses in people who were stationed at, or lived on, the base while the drinking water was affected. The Camp Lejeune cases are legal claims brought by the victims against the U.S. government for harm caused by the water contamination.

Who can bring a claim for Camp Lejeune water contamination?

Anyone who lived on, or was stationed at, Camp Lejeune Marine Corps Base for more than 30 days between August 1953 and December 1987 may be eligible to bring a legal claim for compensation. This includes military service members, veterans, non-military staff, their families, and others on the base, or their surviving family members.

What time period do the Camp Lejeune cases cover?

At this time, a claim for harm as a result of water contamination at Camp Lejeune can only be brought by people who lived on, or were stationed at, the base for more than 30 days between August 1953 and December 1987.

What contaminants were in the drinking water at Camp Lejeune?

The Camp Lejeune drinking water was contaminated with volatile organic compounds including:

• TCE (trichloroethylene) 
• PCE (perchloroethylene or tetrachloroethylene)
• DCE (trans-1,2-dichloroethylene)
• Vinyl chloride
• Benzene

What illnesses were caused by the Camp Lejeune water contamination?

The chemicals found in the contaminated Camp Lejeune water have been associated with the following diseases:

• Bladder cancer
• Breast cancer
• Esophageal cancer
• Kidney cancer
• Lung cancer
• Leukemia
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Hepatic steatosis
• Miscarriage
• Female infertility
• Myelodysplastic Syndrome (MDS)
• Renal toxicity
• Scleroderma
• Neurobehavioral effects

More information about the health effects of these chemicals can be found at the Agency for Toxic Substances and Disease Registry.

What compensation can I get if I am a Camp Lejeune victim?

If you lived on the Camp Lejeune base between August 1953 and December 1987, and have been diagnosed with any of the illnesses associated with the toxic chemicals found in the drinking water there, you may be eligible for compensation for your past medical bills, future medical expenses, lost wages and benefits, future loss of income, and an amount for your pain and suffering. Pain and suffering compensation would include your emotional distress, physical discomfort, and loss of enjoyment of life.

The dollar amount of compensation will depend on the individual victim’s circumstances and expenses, and cannot be accurately estimated or guaranteed. However, an experienced lawyer, like the attorneys at Morris James, understands the factors that affect compensation and how juries calculate awards, and will use their experience to maximize your compensation.

Do I need a lawyer if I am a Camp Lejeune victim?

Yes. The Camp Lejeune water contamination litigation involves complex scientific and medical evidence that requires skilled interpretation and experienced advice. The claims also involve numerous parties, including the U.S. Government, who have significant resources and powerful legal teams. You will need an experienced attorney to ensure that you too have the evidence, expert witnesses, and representation that you need to protect your legal rights and advocate for the maximum compensation that you deserve.

What should I do if I have been exposed to contaminated water at Camp Lejeune?

If you think you may have been exposed to toxic chemicals in the water at Camp Lejeune, you should contact a lawyer handling Camp Lejeune water contamination cases, like the attorneys at Morris James, to get good legal advice on your next steps. Be prepared to answer the following two questions which a lawyer will likely ask you to find out if you are within the group of people eligible for compensation:

1. Were you stationed at, or lived on, Camp Lejeune for more than 30 days between August 1953 and December 1987?
2. Have you received a medical diagnosis that could be associated with this exposure?

You should also be comfortable asking your own questions, such as your likelihood of success, the attorney’s experience, and their fees policy, to decide if they are the right lawyer for you. 

How can Morris James help me?

The attorneys at Morris James have been advocating for injured victims since we opened our doors in 1932. We will listen to you and explain your rights and options so that you can decide what you want to do. We have the skills and the experience that you need to ensure that your voice is heard, the evidence of your suffering is seen, and that you are fully compensated for your loss from your exposure to contaminated water at Camp Lejeune.

Contact us today online or call 302.655.2599.

Which brands of infant formula are involved in the litigation?

Multiple types of Similac baby formula, manufactured by Abbott Laboratories, and Enfamil baby formula, manufactured by Mead Johnson, are involved in the litigation, including:

• Similac Special Care
• Similac Human Milk Fortifier
• Similac NeoSure
• Similac Alimentum
• Similac Alimentum Expert Care
• Similac Human Milk Fortifier Concentrated Liquid
• Similac Human Milk Fortifier Powder
• Similac Liquid Protein Fortifier
• Similac Special Care 20
• Similac Special Care 24
• Similac Special Care 24 High Protein
• Enfamil Human Milk Fortifier Acidified Liquid
• Enfamil Human Milk Fortifier Powder
• Similac Special Care 30
• Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
• Enfacare Powder
• Enfamil Human Milk Fortifier Liquid High Protein
• Enfamil Milk Fortifier Liquid Standard Protein
• Enfamil NeuroPro Enfacare
• Enfamil Premature 20 Cal
• Enfamil Premature 24 Cal
• Enfamil Premature 24 Cal/fl oz HP
• Enfamil Premature 30 Cal
• Enfamil 24 and DHA & ARA Supplement

Has any baby formula been recalled?

Similac and Enfamil have not recalled any formulas as a result of this litigation. Other recalls on certain baby formula products are unrelated to this litigation, which can be found on the manufacturer websites or the FDA website.

Are the Similac and Enfamil baby formulas contaminated?

These lawsuits do not allege contamination of the baby formula. The victims are suing the manufacturers because they failed to warn parents and medical providers about the increased risk of serious illness and death for premature and preterm babies in a formula specifically targeted to premature and preterm babies.

What are the risks of feeding my premature child the Similac or Enfamil formulas?

The Similac and Enfamil formulas in these lawsuits are cow’s-milk-based formulas. Studies have shown that premature infants who are fed cows-milk-based formulas are much more likely to develop necrotizing enterocolitis (NEC) than babies who are fed an exclusively human-milk diet. You should consult with your physician or other healthcare provider about the best choices for feeding your child. 

What is NEC?

Necrotizing enterocolitis (NEC) is a serious gastrointestinal condition usually seen in premature infants. It causes the child’s intestines to become inflamed, sometimes causing a hole in the intestine which allows bacteria to leak into the child’s abdomen or bloodstream. This can lead to sepsis and other complications. NEC is fatal in approximately 50% of infant cases, and causes lifelong development and cognitive issues for approximately 50% of children who survive.

What is a failure to warn?

A failure to warn case is a type of product liability claim alleging the manufacturer did not properly warn consumers about the risks of using the product. In this litigation, Abbott Laboratories and Mead Johnson did not warn parents and healthcare providers about the increased risk of NEC in premature babies who were fed their cow’s-milk-based formulas. You can learn more about Product Liability issues in our Product Liability FAQs.

Who is eligible to file a lawsuit?

Parents, guardians, or certain other family members of premature infants who became ill or were diagnosed with NEC after being fed Similac or Enfamil baby formulas can file a lawsuit for potential compensation.

What compensation are victims entitled to receive?

Victims of a successful product liability claim are legally entitled to be compensated for the losses and harm that they have suffered as a result of the defendants’ failures. This could include:

• Medical bills, past and future
• Lost wages and benefits, past and future
• Home and vehicle modification expenses
• Additional child care or special education costs
• Pain and suffering

An experienced attorney, like the attorneys at Morris James, can advise you on the costs and expenses that should be considered in your compensation or any settlement negotiations. 

Is there any deadline for filing an infant formula lawsuit?

Yes. The general deadline for filing a product liability lawsuit in Delaware is 2 years from the date of the injury. If your child has been harmed and you think you may have a legal claim, you should speak to a reputable attorney immediately.

What should I do if my baby developed NEC after being fed Similac or Enfamil formula?

If you think your baby was fed Similac or Enfamil formula and developed symptoms of NEC, you may need help getting answers to your questions or dealing with the mounting expenses of your child’s illness.

You should contact an attorney as soon as possible to protect your legal rights and learn more about your options. Our attorneys at Morris James are available to answer your questions and help you decide the best course of action for you and your family. Contact us today online or by calling 302.655.2599 for a free no-obligation consultation.

What is FiberCel Fiber Viable Bone Matrix?

FiberCel is a fiber-based bone repair product made from human tissue and engineered to maintain characteristics of natural tissue. It is used in orthopedic or reconstructive bone grafting procedures in combination with autologous bone or other forms of allograft bone or alone as a bone graft.

Additionally, FiberCel provides handling properties that are critical for use as a bone void filler in various orthopedic and spinal procedures. FiberCel contains cancellous bone particles with preserved living cells and demineralized cortical bone fibers to facilitate bone repair and healing.

FiberCel and Tuberculosis - Post-surgery infection risks?

The typical method of contracting tuberculosis is to breathe in the bacteria called "Mycobacterium tuberculosis." However, in the case of patients with bone-graft and other orthopedic/reconstruction surgeries, their bodies may be more susceptible to infections of all kinds and the tuberculosis bacteria, if included in the lot of FiberCell bone grafts, could find a suitable host in which to proliferate.

FiberCell was used in my procedure - what should I do?

If you believe you received FiberCel as part of your (or a loved one's) medical treatment, such as a bone graft for orthopedic or reconstructive purposes, and have developed an infection or tuberculosis, call 302.655.2599 or fill out this form immediately.