Legal Issues

One of our readers asked this questions recently: “FTCA vs Medicare – which takes precedent?” According to the Centers for Medicare and Medicaid Services (CMS), under the Medicare Secondary Payer Act, medical bills paid by Medicare for tort victims are conditional payments. If there is a tort recovery, Medicare is required to be reimbursed.

Latest Update March 2, 2017:   Previous Updates November 30, 2016: “In 2003 and…

A new filing has been put forward in the U.S. Court of Appeals for the Eleventh Circuit by plaintiff Andrew Straw.  In that filing, Straw references newly updated information on the Camp Lejeune EPA site:

As you continue to familiarize yourself with contamination at bases across the country, you’ll begin to uncover the complexities involved in fighting for accountability in the courts.  Specifically, the Camp Lejeune water contamination legal case involves several angles to consider and the legalese can get confusing.  In this brief article, we wanted to shed some light on the legal issues and laws involved as well as put together the bigger picture in a digestible way.

In the ongoing litigation saga surrounding Camp Lejeune toxic water contamination, the back and forth continues over whether victims of bad water at Lejeune have the right to seek legal recourse in the courts.  As we have already discussed in previous reports, the same President that signed the 2012 Camp Lejeune law into effect has instructed his US DOJ attorneys representing the United States to fight Lejeune victims. They are fighting to uphold the NC statute of repose, which sets a 10-year limit on tort claims.

A federal appeals court has dealt the victims of contaminated drinking water at Camp Lejeune a setback, ruling that a state law passed this year cannot retroactively validate their health claims against the U.S. government.

On April 23rd, the Supreme Court will take up the Waldburger case.  Essentially, that case could set a precedent that jeopardizes the ability of many veterans and civilians alike from filing claims against the federal government for their toxic exposures at Camp Lejeune.

Today, U.S. Senator Burr (R-NC) introduced a bill that would expand the eligibility timeframe for the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012.  Current law extends health care to veterans and their family members who have certain diseases and conditions as a result of exposure to contaminated well-water at Camp Lejeune in North Carolina from 1957 to the 1980s.  As a result of recent scientific findings, this bill would extend care to individuals exposed to contaminated water as early as 1953.