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Camp Lejeune Case

October 5, 2022

Record Retrieval

Camp Lejeune Case – Considerations Around Proof of Exposure and Proof of Diagnosis

It has been over 55 days since the Camp Lejeune Justice Act was enacted and the JAG Tort Claims Unit reported that over 5,000 Camp Lejeune water contamination claims had been filed so far.  Early estimates predict that 500,000 could be filed (1). Record retrieval will play a critical role in filing claims for the Camp Lejeune litigation as the government will require records for both proof of exposure and proof of diagnosis:
 

Proof of Exposure

It 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 Diagnosis

The 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


Considerations When Selecting a Record Retrieval Provider 

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. 

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
Mass Tort cases at Lexitas are handled by a select elite group who is specifically trained on each tort using the case evaluation as their foundation.

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.
 
Author Image

Brandy Patrick

Records Division President

Brandy Patrick is the President of the Record Retrieval Division of Lexitas. Ms. Patrick has over 17 years of experience in sales, operations, and mergers & acquisitions. Ms. Patrick is a thought leader in the industry, providing deep knowledge of HIPAA and the complex laws impacting record retrieval. Prior to her current role, Ms. Patrick was President of America First Legal Services, a premium record retrieval company acquired by Lexitas.

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