March 9, 2023

In Brief: The Camp Lejeune Lawsuit Racket

How Democrats rigged a legislative payoff for trial lawyers.

How many of us have gotten spam email regarding Camp Lejeune? It’s approaching “prince of Nigeria” territory in terms of ubiquity. The editors of The Wall Street Journal explain why it’s more significant than the butt of a new joke. In fact, “Democrats in Congress turned a bipartisan effort to aid sick Marines into a new bounty for trial lawyers.”

In August President Joe Biden signed the PACT Act, which provides compensation to veterans and family members exposed to toxic substances. This includes lawsuits brought by those exposed to chemicals in the water from 1953 to 1987 at Camp Lejeune. Yet even as the bill removed the government’s ability to defend against suits, it eliminated caps on trial-lawyer fees. The tort bar is now preparing to cash in, leaving Marines with little and taxpayers with a ridiculous bill.

This was no accident, as the legislative history makes clear. In 2012 President Obama signed legislation providing federal health dollars to Camp Lejeune veterans who might have been affected by exposure. More recently a bipartisan group in Congress worked on fixing technicalities in federal and state law that denied some plaintiffs the ability to successfully sue the government for compensation.

An earlier version of the bill, say the editors, contained “a fee cap of 20% if claims are adjudicated out of court, and 25% if it goes to trial,” which was fairly standard per the Federal Tort Claims Act (FTCA). That changed, big time.

Yet in late 2021 North Carolina Republicans Thom Tillis and Richard Burr—longtime proponents of Camp Lejeune payouts—joined Democrats Richard Blumenthal and Gary Peters to introduce a new version without fee caps. Mr. Cartwright quickly followed in the House. Federal disclosure forms show that tort heavyweights such as the Bell Legal Group employed a bevy of lobbyists in 2021 to help pass the Camp LeJeune legislation.

Democrats then stuffed the provision into the House PACT Act to shield it from debate or amendments. Senate Democrats rejected pleas to allow modifications. This included demands from the Biden Justice Department for a no-fault compensation fund—to avoid costly and time-consuming litigation—and fee caps of 2% to file claims and 10% if a lawsuit proved necessary. Senate Democrats ignored this and blocked GOP amendments.

This has set the stage for a gigantic taxpayer-funded transfer of wealth to Democratic trial-lawyer donors. The Congressional Budget Office initially estimated the Camp Lejeune legislation would cost $6 billion, but the bill has no limit on payouts. The Navy recently told Members of Congress that it has already fielded 20,000 cases, and the minimum claim is for $10 million. That’s $200 billion.

A huge portion of that will go to Democrats’ “trial-lawyer benefactors.” The editors conclude:

This is a scandal in plain sight, and it’s also an indictment of rushed bipartisan governance. The $667 billion PACT Act was rife with problems, yet Democrats brought it up shortly before the election and dared Republicans to oppose veterans’ benefits. The GOP was aware of the tort-lawyer loophole, but 34 Republicans in the House and 34 in the Senate voted for the PACT Act anyway. Taxpayers and Marines are paying the price, and the GOP shouldn’t rest until they’ve fixed this trial-lawyer ripoff.

Wall Street Journal subscribers can read the whole thing here.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.