The Camp Lejeune Justice Act (CLJA) was created to help people who got sick from the toxic water at Camp Lejeune. But receiving a settlement is just the beginning. There are new problems that could take away some—or even all—of the money victims are supposed to receive. These problems are called government offsets and health insurance liens.
What Are Government Offsets?
When someone wins a settlement under the CLJA, the government can subtract money that it already paid through VA benefits, Medicare, or other federal programs. This is called an offset. It’s not optional—it happens automatically.
Even though the government was supposed to provide that care in the first place, it still counts it against the victim’s settlement. That means some people might end up with little or no money, even after winning their case. That doesn’t feel like real justice.
To make things worse, the government says lawyers should only get paid based on what’s left after the offset—not the full amount won. Right now, some of these offsets are paused under a special option, but that could change at any time.
What Are Health Insurance Liens?
Health insurance companies—like Medicaid, private insurers, and even federal employee plans—are also trying to get money back from these settlements. They want to be repaid for the medical care they gave to victims.
These are called liens, and they’re different from offsets. They come from third parties, not the government. Some insurance companies are being very aggressive, even threatening the lawyers who represent victims. If these liens aren’t handled the right way, they can delay payments or reduce how much victims actually receive.
How Lawyers Can Help
Victims didn’t ask to be poisoned. They’ve already had to fight for justice. They shouldn’t have to fight again just to keep their settlement. That’s why having a good lawyer is so important. Here’s what we can do:
- Find all possible offsets and liens early in the case.
- Explain the risks to clients so there are no surprises.
- Plan ahead for any reductions in the settlement.
- Challenge unfair liens and work with experts to fight back.
- Stay involved in efforts to make sure all victims are treated fairly.
Offsets and liens were never supposed to take away justice—but they can if no one fights back. That’s why lawyers at Beasley Allen are standing up for Camp Lejeune victims, and asking others to join the fight.