Veterans who served on military bases across the U.S., including here in Louisiana, were often exposed to asbestos without knowing it. Years later, some develop mesothelioma or other serious diseases tied directly to that exposure.
However, when they try to file a legal claim, many run into the Feres doctrine, a rule that blocks lawsuits against the federal government for service-related injuries. Even so, there are ways to fight back, especially in cases that involve family housing, off-duty exposure, or civilian contractors.
How the Feres Doctrine Limits Veterans’ Legal Rights
The Feres doctrine comes from a 1950 Supreme Court case that says service members can’t sue the government for injuries “incident to military service.” Courts have interpreted this broadly by blocking claims even when the injury happened off duty or in housing. That includes cases where veterans developed mesothelioma or lung cancer decades later from asbestos exposure in old barracks or maintenance buildings.
Legal Exceptions for Off-Duty and Housing-Related Exposure
Not all military-related asbestos exposure fits neatly into the Feres rule. Veterans and their families may still have a valid case if:
- The exposure happened off-duty or in on-base housing used by civilians or family members
- The building was maintained by civilian contractors
- The condition developed after discharge and is clearly tied to asbestos found in older military facilities
Because asbestos was used in insulation, roofing, floor tiles, and pipe coverings, exposure could occur without anyone being in a combat zone or handling hazardous materials directly.
How the Camp Lejeune Act Shifted the Landscape
In 2022, Congress passed the Camp Lejeune Justice Act. It allowed veterans and family members exposed to contaminated water at the base to sue the government, even if the exposure happened during military service.
This law didn’t erase the Feres doctrine, but it proved that exceptions can be made when public health and safety are at stake. Lawyers may now point to Camp Lejeune as a reason to let other exposure cases, such as those involving asbestos, move forward.
At Pourciau Law Firm, we assist veterans and families across Louisiana who’ve been diagnosed with asbestos-related illnesses after living or working on military bases. If you believe asbestos exposure caused your condition, contact us.