The U.S. government is appealing a judge’s ruling in the Camp Lejeune water contamination case, which tossed out parts of expert Dr. Lisa Bailey’s report.
The court ruled that Dr. Bailey’s use of regulatory toxicity criteria and points of departure—methods used to assess exposure risks—counted as late-arriving general causation opinions.
But the government disagrees, saying these are standard scientific tools, not legal testimony about causation, and they’re based on EPA and ATSDR guidance that’s already on record.
In the statement of appeal filed late last week, U.S. Government lawyers said leaving out the evidence was a mistake and could impact how exposure risks are understood in the trial.
The appeal is now before the U.S. District Court for the Eastern District of North Carolina.
