Camp Lejeune Lawsuit Update: Elective Option and Bellwether Trials

As of May 15, 2026, the government has approved more than $876 million in Camp Lejeune lawsuit settlement offers and paid out over $665 million to veterans, family members, and civilians sickened by contaminated drinking water at the North Carolina base.1U.S. Department of Justice. Camp Lejeune Justice Act Claims Payments are moving through a fixed-amount program called the Elective Option, while roughly 3,700 lawsuits remain active in the Eastern District of North Carolina and the first bellwether trials are scheduled for 2026.

How Much the Elective Option Pays

The Department of Justice and the Department of the Navy built the Elective Option to resolve qualifying claims without a trial. The payout depends on two things: which tier your illness falls into, and how long you spent at Camp Lejeune between August 1, 1953, and December 31, 1987.2Department of Justice. Public Guidance on Elective Option for Camp Lejeune Justice Act Claims

Tier 1 covers the illnesses the Agency for Toxic Substances and Disease Registry linked most strongly to the water: kidney cancer, liver cancer, non-Hodgkin lymphoma, leukemia, and bladder cancer. Tier 2 covers multiple myeloma, Parkinson’s disease, kidney disease or end-stage renal disease, and systemic sclerosis.3Department of the Navy. Public Guidance on Elective Option for Camp Lejeune Justice Act Claims

Tier 1 offers:

  • More than 5 years on base: $450,000
  • 1 to 5 years: $300,000
  • 30 to 364 days: $150,000

Tier 2 offers:

  • More than 5 years on base: $400,000
  • 1 to 5 years: $250,000
  • 30 to 364 days: $100,000

If the qualifying illness caused the claimant’s death, another $100,000 is added to the offer.3Department of the Navy. Public Guidance on Elective Option for Camp Lejeune Justice Act Claims

Accepting, Declining, and What Actually Lands in Your Account

Once an offer arrives, you have 60 days to accept or decline. Accepting closes out your right to sue. Declining preserves your case in the Eastern District of North Carolina.2Department of Justice. Public Guidance on Elective Option for Camp Lejeune Justice Act Claims The government verifies exposure through military and Social Security records, and VA healthcare or disability records tied to Camp Lejeune can help establish eligibility.

The number on the offer letter is not the number you receive. Any award or settlement under the Camp Lejeune Justice Act is reduced by VA disability payments, Medicare payments, and Medicaid payments you already received for a Camp Lejeune-related condition.4Congress.gov. Honoring Our PACT Act of 2022 – Section 804 Someone who received $80,000 in VA disability compensation for a covered illness and then accepts a $300,000 offer walks away with $220,000.

The offset runs one way. A settlement does not reduce your ongoing VA benefits, does not change your disability rating, and does not affect your VA healthcare eligibility. The VA has stated that action taken under the Camp Lejeune Justice Act will not influence its decisions about your benefits or your compensation amount.5U.S. Department of Veterans Affairs. Camp Lejeune Water Contamination – Know Your Options

Bellwether Trials in 2026

Claimants who don’t take an Elective Option offer are in a court process that has been sorted into tracks by illness. Track 1 covers the five conditions with the strongest scientific link: kidney cancer, bladder cancer, leukemia, non-Hodgkin lymphoma, and Parkinson’s disease. Twenty-five Track 1 cases have been chosen as the first to go to trial, with proceedings scheduled to begin in 2026.6U.S. Department of Justice. McBrine v. United States The outcomes will shape settlement values for everything that follows.

Track 2 covers prostate cancer, kidney disease, lung cancer, liver cancer, and breast cancer. Discovery is underway; trials are further off.

One procedural ruling matters for every claimant thinking about trial. All four district judges overseeing the litigation held that the Camp Lejeune Justice Act does not create a right to a jury trial. Their reasoning: when the federal government waives sovereign immunity, a jury right exists only if Congress specifically and clearly created one, and the statute’s only mention of jury trials is phrased in the negative.6U.S. Department of Justice. McBrine v. United States Judges, not juries, will decide these cases.

Attorney Fees Are Capped by Law

Because these claims fall under federal tort law, attorney fees are limited by statute. A lawyer cannot charge more than 20% of a settlement reached during the administrative phase, or more than 25% of any judgment or settlement in a court case.7Office of the Law Revision Counsel. 28 USC 2678 – Attorney Fees The DOJ treats these caps as binding on all Camp Lejeune claims.1U.S. Department of Justice. Camp Lejeune Justice Act Claims A higher percentage in a fee agreement does not override the statute.

Will You Owe Tax on the Settlement?

Camp Lejeune settlements compensate for physical injuries and physical sickness. Under the Internal Revenue Code, damages received for personal physical injuries or physical sickness are generally excluded from taxable income, whether the money arrives as a settlement or a judgment, and whether it is paid in a lump sum or over time.8Office of the Law Revision Counsel. 26 USC 104 – Compensation for Injuries or Sickness Punitive damages, if separately awarded, would not qualify for the exclusion. Given the sums involved, a tax professional’s review is worth the cost.

The Administrative Filing Window Has Closed

The Camp Lejeune Justice Act gave people two years from enactment to file an administrative claim with the Navy. That window closed on August 10, 2024, and the Navy is no longer accepting new claims.9U.S. Navy. Camp Lejeune Justice Act Claims – Help Me Understand Claim Eligibility Anyone who did not file by that date is barred from seeking compensation under this law.

If you filed on time, the next steps depend on what the Navy did. If your claim was denied, you have 180 days from the denial notice to file a lawsuit in the Eastern District of North Carolina.10Congress.gov. Public Law 117-168 – Honoring Our PACT Act of 2022 If the Navy never acted within six months, you can file a lawsuit at any time going forward.9U.S. Navy. Camp Lejeune Justice Act Claims – Help Me Understand Claim Eligibility Hold on to your stamped administrative filing; it is the proof the court will look for.