Judge Refuses Dismissal of Toxic Substance Lawsuit Against U.S. Navy

Judge refuses dismissal of toxic substance lawsuit against US NavyA federal judge recently declined the U.S. Navy's request to dismiss a toxic substance lawsuit brought by an Iowa woman who claims she was exposed to contaminated water while on a U.S. Marines base camp.

Laura Jones lived in the North Carolina base camp from 1980-1981, according to KansasCity.com. She was diagnosed with lymphoma decades later, and allegedly learned in 2005 that water she was exposed to at the base camp contained toxic substances.

The U.S. Navy reportedly tried to dismiss her toxic substance lawsuit because it was not filed within the 10 year statute of repose mandated by state law.

U.S. District Judge Terrence Boyle refused to dismiss the case, explaining that Jones was not even diagnosed with lymphoma within the 10-year period, according to the news provider. Boyle added that cancer related to toxic substance exposure may not appear for up to 15 years, and that state law makes exceptions to the 10-year rule for "latent diseases" like that of Jones.

"The court cannot fathom a law that would require hundreds of thousands of plaintiffs to bring their claims before they even had opportunity to know they were harmed," Boyle wrote.