Camp Lejeune Case
October 5, 2022
Camp Lejeune Case – Considerations Around Proof of Exposure and Proof of Diagnosis
Proof of ExposureIt is anticipated that the US Government will require the proof of toxicity to come through the National Personnel Records Center through a personnel file record. This will state where the Marine, base employee, or contracto rwere stationed or assigned, and during what years. While this is a standard course for the National Personnel Records Center (NPRC) to produce, a specific authorization form is required to release these records. It is critically important to get orders along with signed forms to your record retrieval provider as soon as possible. The NPRC can take up to 6 months to respond to these requests. Lexitas is in contact with the NPRC and working on a way we can limit the influx of work to them and shorten the turnaround time. We will continuously update our clients as we make an impact on this type of retrieval.
Proof of DiagnosisThe US Government has not yet listed their requirements for proof of diagnosis in this case, however, it is anticipated that those with cancer diagnoses between 1963 and 1993 will be highly probable.. Most hospital entities keep records for a period of 7-10 years. This case may yield many notifications of destroyed records. Make sure your record retrieval provider has a process in place to ensure limited costs while providing maximum information. Lexitas will work with each client, providing recommended scope sets as the US Government publishes their requirements, and setting a customized program to ensure the highest success for your cases. Records required by the US Government may include, but not be limited to:
- Hospital Records
- Primary Care Physician Records
- Death Certificates (Stating Cancer as Cause of Death)
- Insurance Records – Denoting Cancer Diagnosis
Camp Lejeune Record Retrieval
Record retrieval for the Camp LeJeune cases is complicated due to the timeframe involved, the high number of potential cancers and the extensive impact – over 1,000,000 active duty and former military service members, families, non-military staff, and others are believed to be impacted. For this case it is essential to work with a provider that has deep experience in complex mass tort litigation.
Considerations When Selecting a Record Retrieval Provider
At Lexitas, each Mass Tort undergoes a rigorous internal case evaluation process to ensure our clients are set up for the best success. This evaluation includes:
- A review of the types of records that will be required for proof of injury and proof of diagnosis
- A determination of the most impactful initial scope requests
- Special services to support our customers
- A detailed risk assessment of potential problems that may arise with the retrieval of records
We are still in the development stages of what this litigation will bring. Trust us to continue to deliver the news on requirements and how it impacts your cases in the weeks to come.
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