A significant barrier in the Camp Lejeune litigation has been the stringent evidentiary requirement of “direct causation,” which demands a level of scientific certainty that is often unattainable given the historical and complex nature of toxic exposure scenarios. This standard has resulted in an unfair burden on plaintiffs, many of whom face insurmountable obstacles in proving that their specific illnesses are definitively linked to their time at Camp Lejeune.  Last June, the Court ordered that plaintiffs need to prove both general causation and specific causation in order to prevail under the CLJA.  This is a difficult burden for the plaintiffs as the exposure happened over 30 years ago.

In fairness to Veterans and their families, the evidentiary standard in this litigation should be “equipoise,” which is a more balanced and equitable threshold. Under the equipoise standard, the burden of proof is satisfied by demonstrating that the evidence supporting the link between exposure and illness is as convincing as any evidence to the contrary, as pinpointing the exact causation in environmental exposure cases that happened several decades ago is exceedingly difficult.

Shifting to an equipoise standard reflects a compassionate and just recognition of the unique circumstances faced by those affected by Camp Lejeune’s contamination. It aligns with the principles of fairness and support that our nation has promised to its service members and their families. This standard will result in a more accessible path to justice for thousands who continue to suffer the consequences of past environmental neglect, ensuring they receive the acknowledgment and assistance they rightfully deserve.

BeCareLink is helping potential victims of the neurotoxic exposure who have a 500% increased risk of developing Parkinson’s Disease as compared to the general population to identify if they may be developing a neurologic impairment. Our Camp Lejeune mobile app monitors neurological issues including resting tremor, diminished ability to walk and cognitive impairment that are often associated with Parkinson’s disease.  This data that can help support plaintiffs’ claims by offering reliable and accessible tracking of symptoms over time.

We call upon Congress and the relevant judicial bodies to heed this call for change, restoring fairness and integrity to the legal proceedings surrounding Camp Lejeune and upholding our nation’s commitment to those who have sacrificed in service to their country.

We believe that it is important to send a petition like this one to your representative.