As the Camp Lejeune litigation continues to move toward trial, a major dispute has arisen over a document that the Department of Justice claims is privileged.
Officials with Zois and Miller, one of the law firms representing people who were sickened after drinking contaminated water aboard Camp Lejeune, said that during the deposition of one of the government’s expert witnesses, plaintiffs’ attorneys used a document that the government had not previously identified as privileged. After the expert was questioned about the document, the DOJ asserted privilege and demanded that the document be withdrawn from the record.
Plaintiffs' attorneys strongly dispute the privilege claim and have requested that the court review the document privately to determine if it should be used in court.
This privilege fight is just one part of a larger pattern of discovery disputes, according to lawyers for those suing the government, and plaintiffs continue to encounter resistance from the government when seeking information about expert witnesses, compensation records, and medical evidence that has evolved over time.
The law firm also said many victims believe that a full trial will be necessary to get fair compensation.
From 1952 to 1987, the drinking water at the base was contaminated with toxic chemicals, primarily industrial solvents like trichloroethylene (TCE) and perchloroethylene (PCE). Many of the people exposed to the hazardous substances have suffered a variety of illnesses and long-term health problems.
The Camp Lejeune Justice Act of 2022, passed as part of the Honoring our PACT Act, gave veterans, family members, and civilian workers who were exposed to the toxic water between 1953 and 1987 a two-year window to file lawsuits against the U.S. government for damages. That window closed last August.
About 2,900 lawsuits are pending in the Eastern District of North Carolina, and the Navy is managing over 400,000 administrative claims.
