Veterans Struggle for Justice After Camp Lejeune Water Contamination

Years after the discovery of toxic water contamination at Camp Lejeune, numerous affected individuals are still awaiting justice. Despite legal provisions allowing them to seek redress, progress remains slow, leaving many frustrated and without answers.

Marvin Cox, a former Marine who served at Camp Lejeune between 1981 and 1985, is among those affected. Diagnosed with colon cancer, Cox has faced challenges in obtaining compensation from the U.S. Department of Veterans Affairs (VA). “So of course, I was there during the time that the water contamination happened,” he noted. Although the VA acknowledges his exposure, colon cancer is not included in their list of presumptive conditions, blocking him from receiving compensation.

Agency for Toxic Substances and Disease Registry

The drinking water at Camp Lejeune was found to be contaminated by industrial solvents and other chemicals from the 1950s through the 80s, and the CDC found more than a million people may have been exposed.

The contamination of drinking water at Camp Lejeune by industrial solvents and chemicals remained concealed for years. In response, the Camp Lejeune Justice Act of 2022, embedded within the PACT Act, enables veterans and those affected between 1953 and 1987 to sue the U.S. Department of Justice and Navy for illnesses such as cancer and kidney disease.

A new legislative proposal, the Ensuring Justice for Camp Lejeune Victims Act, seeks to expand court access, cap attorney fees, and guarantee the right to jury trials. However, Cox expresses skepticism about legislative action, stating, “I’m not expecting Congress to do anything. It’s a divided Congress, and of course they’ll say, ‘Well, it passed under the Biden administration, so of course, if anything passed under the Biden administration, we’re not going to move forward with this.’”

The Plaintiff’s Legal Group, representing many claimants, filed a motion against the government for attempting to dismiss expert testimonies, thereby stalling the progress of key cases. Cox criticized the government’s handling of claims, saying, “The DOJ is fighting everything and the Department of the Navy has like over 400,000 claim files that they have really not touched.”

Trial Attorneys Mikal Watts, Thomas Henson, Camp Lejeune Advocates Jerry Ensminger and Michael Partain.

Judicial rulings in December thwarted government efforts to dismiss key evidence from the Agency for Toxic Substances and Disease Registry, which is crucial for proving the contamination timeline. While this is seen as a victory, Cox remains cautious about when the case might proceed. “We see that as a win for plaintiffs, so I think we’ll end up going to trial,” he said, “but added, “When that’s gonna happen, I’m not sure.”

U.S. Magistrate James Gates, involved in the oversight of these cases, requested a settlement framework by the end of last year, a goal that remains unmet in 2026.

A status conference for the Camp Lejeune Justice Act cases is scheduled for Friday at the Alton Lennon Federal Building and Courthouse in Wilmington before Magistrate Judge Robert B. Jones Jr.; it starts at 11 a.m. — The Alton Lennon Federal Building and Courthouse in Wilmington.

In addition to his legal battles, Cox is appealing a VA decision regarding his medical coverage. He points out discrepancies between the Camp Lejeune Justice Act’s findings and VA’s list of presumptive conditions. “The Camp Lejeune Justice Act has a tier one system where they’re showing colon cancer as being strong evidence that it’s in the contaminated water, but the VA does not,” he explained. He advocates for an update to the VA’s list, last revised in 2017, noting advancements in scientific understanding since then.