Lawyers for the people suing the U.S. Navy and the Department of Justice for illnesses caused by toxic drinking water aboard Camp Lejeune are seeking to file a motion to challenge the admissibility of additional testimony from an expert witness for the government.
It comes after a court-ordered second deposition from Dr. Remy Hennet, which attorneys from Zois and Miller, one of the firms representing the plaintiffs, said was granted after the government failed to comply with earlier discovery deadlines which precluded lawyers from fully examining Dr. Hennet’s opinions.
During the June 4 deposition, lawyers for the victims finally confronted Dr. Hennet about his conclusions regarding a supply well at Hadnot Point, which the attorneys said is an essential component of the government’s exposure theory.
Plaintiffs argued that his conclusions about the effects on finished water rely on flawed assumptions and unsupported modeling that should be excluded.
The government opposes the motion, and its lawyers said plaintiffs missed their opportunity to object earlier. But plaintiffs pointed out that they were denied access to the relevant data until after the initial deposition, which prompted the court to order sanctions and allow additional questioning.
The admissibility of Dr. Hennet’s expert opinions could shape the outcome of litigation affecting nearly half a million claimants, and lawyers add that it also highlights the escalating battles over expert credibility in one of the most consequential toxic tort cases in U.S. history.
Zois and Miller’s clients, and those of several other law firms, said they were harmed by contaminated drinking water aboard the base between the 1950s through the 1980s.
The water at Camp Lejeune was contaminated with industrial solvents and benzene, and it’s considered one of the worst cases of water contamination in U.S. history. Nearly one million Marines, sailors, civilian employees, and military family members were potentially exposed.
