Federal legislators eye cap to attorney fees in Camp Lejeune lawsuits

A variety of bills in the House of Representatives and the Senate propose capping the attorney fees in veteran disability settlements in Camp Lejeune contaminated water cases.

Republicans have introduced the Protect Camp Lejeune VETS bill in the House and the Senate, and Democrats have proposed the Protect Access to Justice for Veterans bill in the House.

Both would amend the Camp Lejeune Justice Act, a part of last year’s Promise to Address Comprehensive Toxics (PACT) Act, which covered veterans with 23 conditions linked to exposure to hazardous materials, such as burn pits and airborne toxins. The legislation led to $111 million in ad buys from law firms connected to Camp Lejeune related litigation last year, according to a March 10 report in Reuters citing research firm X-Ante.

However, the bills have differing cap limits: The bill introduced by Democrats would have a higher cap than Republican legislation.

For administrative claims, the Republican legislation would cap attorney fees at 12%, while the Democrats’ bill would cap attorney fees at 20% for awards, compromise or settlements reached within 180 days of presenting the claim.

For judgments and settlements after the suit is filed, the Republican proposal would cap attorney fees at 17%, while the Democrats’ bill would cap attorney fees at 33.3%.

The Republican Senate bill and the Democratic House bill have found new cosponsors about every other week since they’ve been introduced.

Rep. Bobby Scott, D-Newport News, said in an email he doesn’t support the Protect Camp Lejeune VETS Act because it may affect veterans’ abilities to get effective representation.

“Many of these claims involve complex legal issues, and the time frame for filing lawsuits is limited,” said Scott, who is a lawyer. “In cases like this, attorney’s fees are often limited by a requirement that fees be authorized by the court or be awarded in addition to the underlying case.”

Scott said his office has heard from a “small number of constituents” about the issue and welcomed more to reach and to share their thoughts.

“We need to make sure reasonable fees for these cases can be charged and provided through court-approved attorney’s fees, so that veterans may be able to hire a lawyer,” he said.

Rep. Jen Kiggans, R-Virginia Beach, said there is bipartisan support for capping attorney fees and is looking forward to figuring out “fair and sensible” solutions.

“Ensuring that our former service members receive their benefits is very important; however, receiving these benefits should not be accompanied by overpriced attorney fees,” Kiggans said.

Virginia Sen. Mark Warner said in an email the discussion around legal fees are important to veterans’ access to assistance.

“In certain instances, where veterans need legal assistance, it’s critical that they have the ability to attract and receive first-rate representation from attorneys who have veterans’ best interest at heart,” Warner said. “Proposals to cap legal fees are an important part of the conversation for ensuring veterans can access this assistance. Ensuring that they aren’t being targeted by unscrupulous attorneys or scammers is also critical.”

A statement provided by the office of Sen. Tim Kaine said he “condemns any effort to take advantage of veterans” and that Virginia veterans with questions about benefits should reach out to his office.

Ian Munro, 757-447-4097, ian.munro@virginiamedia.com