Judge refuses to dismiss Camp Lejeune water exposure lawsuit

[unhappycamper]

Judge refuses to dismiss Camp Lejeune water exposure lawsuit
By Barbara Barrett | McClatchy Newspapers
Posted on Wednesday, November 10, 2010

WASHINGTON — In a case being followed closely by some Marine veterans and their families, a federal judge has denied the Navy's request to dismiss a civil case regarding an Iowa woman's exposure to contaminated water at Marines Base Camp Lejeune, N.C.

The Department of the Navy had argued that Laura Jones' claim should have been dismissed because she didn't file within a 10-year statute of repose — similar to a statute of limitation — that should have limited the time available for her to file suit.

In his decision, U.S. District Judge Terrence Boyle pointed out that her non-Hodgkin's lymphoma hadn't even been diagnosed by then, and he quotes congressional testimony in pointing out that cancer related to toxic exposure might not appear for 10 to 15 years.

"To summarily bar such claims from entering the courthouse would be a profound miscarriage of justice," wrote Boyle, who represents the U.S. Eastern District of North Carolina.

He turned down the Navy's request to dismiss the case, and he also denied the government's request to make its arguments at a hearing.