The first trial under the Camp Lejeune Justice Act has concluded, marking a milestone in the decades-long fight for accountability over contaminated drinking water at the Marine Corps base. But as a federal judge considers his decision, attorneys for both sides face a Friday deadline to make their best efforts toward a global settlement framework.
The trial began Monday in Elizabeth City and concluded Wednesday. Former Marine Frank Mousser claims exposure to toxic chemicals in Camp Lejeune's drinking water during the 1980s caused his kidney cancer, which was diagnosed in 2020.
The trial began Monday in Elizabeth City and concluded Wednesday. U.S. District Judge Terrence Boyle heard the case and will determine whether plaintiffs’ illnesses were caused by the water contamination and, if so, what damages should be awarded. No timeline has been announced for when Boyle is expected to issue his decision.
The trial is the first of four initial cases selected to test claims involving illnesses allegedly caused by exposure to the contaminated water. The next trial is scheduled for November.
For families still waiting for their own claims to be resolved, the proceedings offer a first glimpse of how the government will defend itself in court and how judges may evaluate the scientific evidence connecting exposure to illness.
Read more: Camp Lejeune Justice Act
Families watch the first trial closely
Mary Morrow's father was a Marine stationed at Camp Lejeune. Years later, he developed kidney and laryngeal cancer.
Morrow's family is represented by Bell Legal Group, which provided clients with an update following the conclusion of the trial. Although Morrow did not personally witness the proceedings, she said she was hopeful after what attorneys told her about what transpired in the courtroom.
Boyle has dealt with Camp Lejeune water contamination litigation before.
In 2010, more than a decade before Congress passed the Camp Lejeune Justice Act, Boyle issued rulings rejecting government efforts to dismiss an earlier contamination lawsuit brought by Laura Jones, the wife of a Marine who lived at Camp Lejeune.
That case was later transferred to consolidated litigation in Georgia and ultimately dismissed on a legal technicality. Boyle's earlier rulings do not determine how he will decide Mousser's case, but they establish that he was examining legal questions surrounding the base's contaminated water long before the current litigation began.
Previous coverage: Advocates react after federal court pressures both sides to settle Camp Lejeune water contamination lawsuit
A deadline for a broader settlement
The conclusion of the Mousser trial comes as the federal judges overseeing the broader litigation press attorneys toward a global settlement framework.
Earlier this year, the judges directed the Plaintiffs' Leadership Group and the Justice Department to make their best efforts to develop a framework for resolving claims by October 30.
The court has also required ongoing negotiations with court-appointed settlement masters.
A global settlement could provide a way to resolve large numbers of claims without requiring each plaintiff to undergo a separate trial.
More than 408,000 administrative claims have been filed under the Camp Lejeune Justice Act. Those filings are not the same as individual lawsuits pending before the court, but the volume illustrates the challenge of resolving the litigation one case at a time.
The Justice Department says settlement offers under the law exceeded $1.1 billion as of September 18, with more than $879 million paid out. However, most claims remain unresolved. Only one percent of the claimants have agreed to settlement offers.
For Morrow, the need for a broader agreement is clear.
"It would go on forever and there would be no compensation," plaintiff Mary Morrow said of the prospect of trying claims individually. "And ultimately, it's not about compensation, right? There would be no justice for anyone."
Other advocates argue that the settlements amount to pennies on the dollar compared to what victims may be awarded at trial.
Although the October 30 target is approaching, recent court filings indicate significant disagreements remain over the scope of a possible settlement and the evidence plaintiffs would have to provide.
No completed global settlement has been announced.
Related content: Advocates, victims rally at Capitol Hill, urging lawmakers to support Ensuring Justice for Camp Lejeune Victims Act
Plaintiffs propose 25 categories of illnesses
On October 23, the Plaintiffs' Leadership Group filed a motion asking the court to order a census of claims involving 25 categories of diseases and medical conditions.
The proposed census is intended to identify claimants whose illnesses could be considered as attorneys negotiate a broader resolution.
The categories include kidney cancer, bladder cancer, leukemia, non-Hodgkin's lymphoma, Parkinson's disease, breast cancer, prostate cancer, multiple myeloma, several other cancers, birth defects and certain autoimmune diseases.
The list is broader than the nine qualifying disease categories currently covered by the government's Elective Option settlement program.
Under that existing program, eligible claimants may receive predetermined settlement amounts based on their diagnosed condition and the length of their exposure.
But the Plaintiffs' Leadership Group's proposed list does not establish eligibility for compensation, and the court has not approved those 25 categories as the basis for a global settlement.
The group says more than 200 individual diseases and medical conditions have been alleged in Camp Lejeune claims. It has not taken a position on illnesses outside the 25 categories identified in its proposed census.
The distinction is important for families whose illnesses are not included in the current Elective Option program or the proposed census.
Even if a settlement framework is reached, its terms would have to address which conditions qualify, how claims are evaluated and what compensation might be available.
Previous coverage: Prominent advocates for Camp Lejeune water contamination victims contest DoJ claim that process is speeding forward
Justice Department seeks additional evidence from plaintiffs
At the same time, the Justice Department is asking the court to impose additional requirements on plaintiffs before their cases proceed.
The government has requested what is known as a Lone Pine order, a case-management tool sometimes used in complex environmental litigation.
Such an order could require each individual plaintiff to hire an expert to produce specified evidence of their exposure, medical diagnoses and the alleged connection between that exposure and their illnesses – and bare those costs upfront, which could be tens of thousands of dollars.
The Justice Department argues that additional documentation is necessary to manage the extraordinary volume of claims and identify cases that have sufficient evidence to proceed.
The Plaintiffs' Leadership Group filed a response on October 28 opposing the government's request.
The competing filings highlight a central disagreement in the litigation: how to evaluate claims involving exposure that occurred decades ago, often when medical and military records are difficult to obtain.
Plaintiffs' attorneys are seeking a process that could help identify groups of claims for settlement negotiations. The government is seeking more individualized documentation to establish whether claims meet the legal requirements for recovery.
The court has not resolved those competing requests.
Related content: ‘It would be 2424’: Camp Lejeune families demand action on claims backlog
Families express frustration and uncertainty
Jill Dilgard, a Camp Lejeune toxic-water advocate, knows the toll that waiting can take.
Her father, Larry Steen, was a Marine stationed at Camp Lejeune who later developed multiple serious illnesses, including bladder and prostate cancer and cardiovascular problems.
Steen did not learn about the contaminated drinking water until 2017, when a family friend raised the issue. He applied for assistance through the Department of Veterans Affairs but died in February 2018 before receiving approval.
Dilgard remembers her father's reaction when he learned about the contamination.
"He was shocked, betrayed," she said. "He loved serving in the Marine Corps, and for his own government to poison him and not even notify him about it...he just looked at me and he said, 'I don't think this is anything other than population control.'"
Dilgard continues advocating for veterans and families affected by the contamination.
She hopes the first trial produces a favorable ruling for Mousser.
"I hope, it's ruled in the victim's favor. They were there and they're the ones that's done the suffering." Jill Steen Dilgard.
But she worries that even a favorable ruling could be followed by additional legal challenges. "I do expect the DOJ to come back, if it's positive in the victim's favor, and appeal it and who knows where that'll end up," she said.
Her concerns extend beyond the Mousser trial to the larger litigation and the growing number of legal disputes between the government and plaintiffs.
"Every day I'm seeing less and less hope," Dilgard said. "When they see how many motions the DOJ's filing and the pushback from DOJ and the comments that they've made."
See also: Critical fix for Camp Lejeune toxic water victims remains stuck in a legislative stalemate
Longtime advocates hope trials lead to broader settlement
Two of the most prominent advocates in the fight over Camp Lejeune's contaminated drinking water, Jerry Ensminger and Mike Partain, issued a joint statement following the conclusion of the first trial.
Ensminger, a retired Marine, lost his young daughter Janey to leukemia. Partain, who was born at Camp Lejeune, developed male breast cancer as an adult.
Both have spent years pressing the federal government to acknowledge the contamination and provide a path to compensation for people who became ill.
"The first Camp Lejeune trial case is done and we await the judge’s decision. This has been a long time coming, almost thirty years now. It is our hope that these bench trials will work to establish a more reasonable and compressive global settlement. We hope to see a revised settlement offer that addresses all the legitimate adverse health effects our community has suffered as a result of our exposures to the toxic drinking water at Camp Lejeune." Camp Lejeune Contaminated Water Advocates Jerry Ensminger and Mike Partain said in a statement to Public Radio East.
The Camp Lejeune Justice Act, signed into law in August 2022 as part of the PACT Act, created a new legal avenue for people exposed to contaminated water at the base between August 1953 and December 1987 to seek compensation from the federal government.
The law followed years of legal obstacles that had prevented many affected families from pursuing claims.
Now, more than four years after the law's passage, the first trial has ended, but the larger question of how hundreds of thousands of claims will be resolved remains unanswered.
Boyle has not indicated when he will rule in Mousser's case.
Meanwhile, the October 30 settlement deadline arrives Friday, with attorneys still divided over the structure of a possible agreement.
For families who have already waited decades, the hope is that the first trial will help move the litigation toward a resolution before more people die waiting for their claims to be heard.
