{"id":28780,"date":"2019-11-19T16:29:00","date_gmt":"2019-11-19T21:29:00","guid":{"rendered":"https:\/\/www.stetson.edu\/law\/news\/?p=28780"},"modified":"2020-03-09T11:22:37","modified_gmt":"2020-03-09T15:22:37","slug":"veterans-law-institute-wins-major-case-and-award","status":"publish","type":"post","link":"https:\/\/www2.stetson.edu\/law\/news\/index.php\/2019\/11\/19\/veterans-law-institute-wins-major-case-and-award\/","title":{"rendered":"Veterans Law Institute wins major case and award"},"content":{"rendered":"\n

Staff and students secure 100 percent disability for Marine with cancer; recognized for community service<\/h3>\n\n\n\n
\"Students
Members of the Veterans Advocacy Clinic received community service awards at the Marine Corp Ball on Nov. 16, 2019. Veterans Law Institute Coordinator Shirley Booker, far left, Veterans Law Institute Director Stacey-Rae Simcox, second from right, and Stetson Law Student Mary Samarkos (2020), far right.<\/figcaption><\/figure>\n\n\n\n

Stetson University College of Law Veterans Law Institute<\/a> received the Distinguished Service Award from the Marine Corps League of Florida at Major B.F. Hickey – Detachment 57\u2019s Marine Corps Birthday Ball celebration on Nov. 16, 2019.\u00a0 <\/p>\n\n\n\n

The award recognized the work of the students, faculty and\nstaff in the Veterans\nAdvocacy Clinic<\/a> to prove that a terminally ill Marine had been exposed to\ntoxic water at Camp Lejeune, North Carolina, in the 1980s and developed terminal\nbile duct cancer. As a result of their efforts, the Marine won an appeal to the\nDepartment of Veterans Affairs (VA) administrative board and secured benefits\nto care for him and his family into the future.<\/p>\n\n\n\n

Clinic law students, staff and faculty spent two years\nworking to find evidence to support that their Marine client had been in\ncontact with the water.  They collaborated\nwith environmental science faculty and students on Stetson University\u2019s main campus\nin DeLand, environmental law faculty at the College of Law, and sifted through\nthousands of pages of environmental records received under a Freedom of\nInformation Act (FOIA) request.  <\/p>\n\n\n\n

A little help from an alumnus<\/strong><\/p>\n\n\n\n

\"Professor
Professor Stacey-Rae Simcox.<\/figcaption><\/figure><\/div>\n\n\n\n

Joshua Magidson, a shareholder at Macfarlane Ferguson &\nMcMullen, Stetson Law alumnus and a Marine himself, helped connect the Clinic staff\nwith Florida\u2019s Marine Corps League<\/a>.  The League was able to spread the word and\ntrack down other Marines who could corroborate that this Marine was exposed to\ntoxic water.  After speaking to dozens of\nMarines, law students found three witnesses who could prove the exposure.  <\/p>\n\n\n\n

At first the VA denied his claim, but the Veterans Clinic\nappealed to the administrative board that oversees the VA.  In the end, the Marine was awarded a 100\npercent disability rating for his cancer. <\/p>\n\n\n\n

\u201cIt\u2019s an incredible example of the collaborative environment\nwe have across our campuses, and it\u2019s a classic illustration of the impact our\nlaw students can have on the world and the individual,\u201d said Stacey-Rae Simcox,\ndirector of the Veterans Law Institute and the Veterans Advocacy Clinic.<\/p>\n\n\n\n

Major B.F. Hickey – Detachment 57 also presented law student\nMary Samarkos (2020), Veterans Law Institute Coordinator Shirley Booker, and\nProfessor Stacey-Rae Simcox with Community Service Awards for their work on the\ncase.  The awards were presented by\nDetachment 57 member and Stetson alumnus Brandon Robinson.  <\/p>\n\n\n\n

Case Background<\/strong><\/p>\n\n\n\n

The Veterans Advocacy Clinic had been working on this case\nsince the summer of 2017 and logged more than 400 hours of student legal work. The\nveteran\u2019s main goal was to have the VA recognize that his cancer was caused by his\nmilitary service so that his wife would be entitled to ongoing widow benefits\nafter his death.  <\/p>\n\n\n\n

Simcox said in her nearly 15 years of legal practice, this one was\ncase she feared was not winnable initially because they had no clear way to\nprove the veteran\u2019s cancer was caused by service in the Marine Corps. They\nhad to get creative and seek out further expertise. <\/p>\n\n\n\n

They tapped faculty and students in Stetson\u2019s Institute for Biodiversity\nLaw and Policy <\/a>as well as biology and chemistry department faculty in\nDeland for help deciphering the meaning of FOIA\u2019d chemical records, aquifers,\nground water tables and myriad other environmental law terms that were foreign\nto many of the staff in the Veterans Advocacy Clinic.  Others involved\nincluded: Law Professor Royal Gardner, Law Professor Paul Boudreaux, Dr.\nKirsten Work (professor of biology in Deland), Dr. Danielle Devoney (visiting assistant\nprofessor of environmental toxicology in Deland), Christine Martin (a Stetson\nDeLand employee and grad student in environmental studies), and law students Oscar\nSugranes (\u201918), Katherine Pratt (\u201919), Dane Petersen (\u201919), Brian Paul (\u201919),\nJohn Pilz (\u201918), and Erica Eddy (3L).<\/p>\n\n\n\n

The VA had already\nrecognized the water at Camp Lejeune was toxic<\/a> and a contributor to bile\nduct cancer, but the clinic staff had to factually prove that the veteran had\nbeen physically exposed to the water there.  While the veteran said his\njob as a truck driver required him to drive back and forth to Camp Lejeune from\nhis actual duty station, the clinic had no proof he had ever actually been to\nCamp Lejeune besides his word. <\/p>\n\n\n\n

Students William Cocarro (\u201918) and Julie Munderback (\u201919) spent\nhours poring through military historical records and trying to locate any\nwitnesses who might have been able to corroborate his travel between the two\ninstallations. Finally, in the spring 2019 semester, the veteran remembered\nthat he had been sent to a small training facility called Bogue Field for\nalmost a month. Bogue is geographically in the middle of Camp Lejeune and\nanother Marine Corps installation.  The students learned that Bogue had no\npotable drinking water from the 1950s to the early 2000s and that water had to\nbe shipped in, but no one could verify where the water originated.  <\/p>\n\n\n\n

Based on that information, 3Ls Mary Samarkos and Chesley Roberts,\nwith the help of Phillip Saul (\u201919), hit the ground scouring for witnesses who\nmight be able to corroborate that the water at Bogue was being shipped in from\nCamp Lejeune.  With the help of Josh Magidson, the students contacted dozens\nof veterans and identified three major witnesses who provided corroboration\nthat: 1). the water at Bogue Field was, in fact, shipped in from Camp Lejeune;\nand 2). the veteran\u2019s job did require him to drive to Camp Lejeune quite often.<\/p>\n\n\n\n

Collaborative learning that made a difference<\/strong><\/p>\n\n\n\n

\"Veterans<\/figure><\/div>\n\n\n\n

Veterans Clinic staff attorneys Rocky Roodhouse and Jami Worley,\nalong with Simcox worked hard to help the students think through the issues. Shirley\nBooker, Veterans Clinic office manager, made sure that the veteran was taken\ncare of \u2013 even hand-carrying flowers to him on behalf of the clinic when he was\nhospitalized.  <\/p>\n\n\n\n

The VA found that the brief submitted from Stetson, \u201crelayed a\nthorough, well documented, and scholarly discussion about the various exposures\nwhile on active duty that may have contributed to his development of the\ncholangiocarcinoma. Stated in their conclusion was that the veteran had\nexposure to carcinogenic chemicals in the drinking water at Camp Lejeune,\nexposure to contaminated water at Cherry Point, Agent Orange in Okinawa, Japan,\nand liver flukes in Pohang, South Korea. There is ample evidence that the\nveteran had contact with the drinking water from Camp Lejeune many times during\nhis service. Other exposures in terms of chemical or parasitic infections are\nconsiderations for the veteran\u2019s development of the cancer.\u201d<\/p>\n\n\n\n

A 100 percent disability rating means that not only will the\nVeteran receive several tens of thousands of dollars in benefits that the VA\nowed him on this claim, but he will get almost $4,000 a month into the future. \nWhen he passes away, his wife will be taken care of as he had hoped with\nwidow\u2019s benefits.  <\/p>\n\n\n\n

\u201cThe students who worked so hard on this case remind me constantly\nwhy it is such a privilege to work with them,\u201d Simcox said. \u201cI hope it also\nhelps them remember that one lawyer can make a difference.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

Staff and students secure 100 percent disability for Marine with cancer; recognized for community service Stetson University College of Law Veterans Law Institute received the Distinguished Service Award from the Marine Corps League of Florida at Major B.F. Hickey – Detachment 57\u2019s Marine Corps Birthday Ball celebration on Nov. 16, 2019.\u00a0 The award recognized the […]<\/p>\n","protected":false},"author":25,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[489,2154,1716,1599],"class_list":["post-28780","post","type-post","status-publish","format-standard","hentry","category-news-1","tag-veterans","tag-veterans-administration","tag-veterans-advocacy-clinic","tag-veterans-law-institute"],"yoast_head":"\nVeterans Law Institute wins major case and award - Stetson Law News<\/title>\n<meta name=\"description\" content=\"Stetson Law's Veterans Advocacy Clinic helped secure 100 percent disability for a vet who was exposed to toxic water at Camp Lejeune and developed terminal cancer.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www2.stetson.edu\/law\/news\/index.php\/2019\/11\/19\/veterans-law-institute-wins-major-case-and-award\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Veterans Law Institute wins major case and award - 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