Vet Toxic Exposure Lejeune Update 23

Posted: August 30, 2011 in Uncategorized
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After a U.S. District Court judge dismissed the case of Laura Jones, of Glenwood, Iowa recently, lawyers of the woman who believes the time she lived aboard Camp Lejeune caused her non-Hodgkins lymphoma said they have filed an appeal. Court documents show she lived aboard Camp Lejeune with her Marine husband from 1980 to 1983, during a period in which base drinking water was contaminated with a variety of chemical solvents, including TCE and PCE. After learning about the contamination in 2005, two years after her diagnosis with cancer, Jones submitted a complaint to the Navy, then filed a $10 million injury lawsuit against the department in 2009. Since the suit‘s filing, judges have denied three motions for dismissal from the Navy on grounds that the suit was outside North Carolina‘s 10-year statute of repose for injury claims and that TCE and PCE were unregulated during the period of contamination. Judge Terrence Boyle ruled that the statute of repose did not apply to latent diseases and cited documents showing that Lejeune was in violation of Navy Medicine‘s own chemical standards. But on 20 JUL, Judge J. Owen Forester granted the Navy‘s motion for summary judgment on the case because Jones failed to reveal that she and her husband had filed for bankruptcy in 2008 or to note the suit in her filing.
Quoted at a 18 MAR deposition, Jones said she had never expected the water lawsuit to advance and thus had not revealed the bankruptcy filing. ―We didn‘t think there would be money coming, and if it did, it would be like 10 years down the road,‖ she said in a deposition transcript. ―So it was more like a pipe dream than a reality.‖ Though Jones‘s representation argued she had not intended to defraud anyone by failing to give full information, Forester said intent may be inferred and dismissed the case. Later the same day, Jones‘s attorney Douglas P. Desjardins, of the Transportation Injury Law Group, filed a notice of appeal. ―We‘ll see what happens,‖ he told The Daily News on Monday. Desjardins said the process of ruling on the appeal would likely take a year and a half. Meanwhile, he said, roughly four companion cases from other plaintiffs affected by Lejeune water contamination would remain before Forester. The Navy and Marine Corps do not comment on pending litigation. [Source: Jacksonville Daily News Hope Hodge article 19 Jul 2011 ++]

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