Camp Lejeune MDL Court: Statute of Repose Doesn’t Include Exception for Latent Diseases
May 31, 2012
ATLANTA –– The court overseeing the Camp Lejeune water contamination MDL proceedings has issued an advisory opinion in which it rules that North Carolina’s statute of repose does not contain an exception for latent diseases. In re: Camp Lejeune North Carolina Water Contamination Litigation, MDL No. 2218 (N.D. Ga.).
In the May 11 opinion, the U.S. District Court for the Northern District of Georgia acknowledged that its ruling could eliminate a plaintiff’s cause of action before it accrues under the discovery rule. However, the court found that it is the duty of the legislature to prevent what could be perceived …