US has filed several motions to dismiss a multidistrict litigation brought by service members or their families members who were stationed at Camp Lejeune in North Carolina alleging water contamination caused by the negligent disposal of chlorinated solvents and other contaminants which caused the plaintiffs to develop cancers.
The US said in the motions that the water pollution at the camp was due in part to military disposal practices, but that plaintiffs are prohibited from damages under the Federal Tort Claims Act. Three of the seven cases in the MDL should be dismissed the US contends because the Feres doctrine holds that service members cannot sue for injuries, “arising out of or sustained incident to military service,” Law360 reports.
A second motion filed by the US states that all seven cases should be dismissed based on Federal Tort Claims Act which prohibits litigation based on the government’s performance or failure to perform “discretionary function or duty.”
The service members argue that the US was obligated to do “whatever was necessary to provide a water supply that was uncontaminated and was otherwise safe for drinking, bathing and for all other purposes for all occupants of Camp Lejeune.”
An eighth case was transferred by the U.S. Judicial Panel on Multidistrict Litigation to the Northern District of Georgia.