The first trial under the Camp Lejeune Justice Act has concluded without a ruling, and a disagreement between the Justice Department and the plaintiff's attorneys over post-trial deadlines could mean a longer wait for a decision.
In a joint motion filed November 2 in the U.S. District Court for the Eastern District of North Carolina, attorneys for Frank Mousser and the federal government asked Judge Terrence Boyle to establish a deadline for submitting their proposed findings of fact and conclusions of law.
Mousser, who developed kidney cancer after exposure to contaminated drinking water at Marine Corps Base Camp Lejeune, is the plaintiff in the first bellwether trial under the Camp Lejeune Justice Act.
The historic 3-day trial concluded last week without a ruling.
Mousser's attorneys want the post-trial documents submitted by November 6, arguing that a prompt resolution would serve the interests of justice and the public.
The Justice Department is requesting until December 4, nearly a month later.
Government attorneys argue that the case involves complicated scientific evidence, extensive witness testimony, depositions and a large volume of exhibits. They also say the parties have not yet received the official trial transcript.
In the filing, the government emphasizes the broader significance of the case.
"The resolution of this first CLJA bellwether case is important, as it may inform many other outstanding cases and claims," government attorneys wrote.
More than 400,000 administrative claims have been filed under the Camp Lejeune Justice Act, which allows people exposed to contaminated drinking water at the Marine Corps base to seek compensation for illnesses and injuries linked to that exposure.
Their stories: Marine Corps veteran battling bladder cancer frustrated by snail's pace of Camp Lejeune Justice Act court cases
Second kidney cancer trial scheduled for November 9
The disagreement over post-trial deadlines comes as attorneys prepare for another Camp Lejeune Justice Act trial.
The second bellwether trial is scheduled to begin November 9 and involves Marine Corps Veteran David Fancher, who also developed kidney cancer after being stationed at Camp Lejeune.
Like Mousser, Fancher is seeking to establish that exposure to contaminated drinking water at the base caused his illness.
Both cases are being heard by Judge Boyle. Boyle will determine whether the evidence establishes a connection between the contaminated water and the plaintiffs' cancers and whether compensation should be awarded.
The upcoming Fancher trial means attorneys are preparing to present another kidney cancer case while the first remains unresolved.
The government cited those preparations as another reason for requesting additional time to submit its post-trial findings in the Mousser case.
Their stories: Widow of Camp Lejeune Marine: Battle with U.S. government over compensation for toxic water exposure is "cruel"
Questions remain over global settlement negotiations
Meanwhile, the litigation faces a much broader question: whether the Justice Department and plaintiffs' attorneys can agree on a framework to resolve claims without requiring individual trials.
Federal judges overseeing the litigation had asked both sides to make their best efforts toward developing a global settlement framework by October 30.
That deadline has passed, and no agreement has been publicly confirmed.
Camp Lejeune contamination advocates Jerry Ensminger and Mike Partain say the court's order required both sides to negotiate in good faith, but did not require them to reach an agreement.
"The court can not force either side to establish a global settlement but it can order that they negotiate in good faith. The lack of a filing means that one or both parties failed to negotiate in good faith or they simply could not reach an agreement," the advocates said.
Ensminger and Partain also pointed to several developments they believe could offer clues about the status of negotiations, including the reappointment of the Plaintiffs' Leadership Group for another year, Boyle's decision to move forward with the first trial, and President Donald Trump's recent comments about resolving Camp Lejeune claims.
They said those factors lead them to suspect the obstacle to reaching an agreement may not be the plaintiffs' leadership.
The global settlement effort is separate from the individual trials, but its outcome could have significant implications for hundreds of thousands of people seeking compensation.
Their stories: USMC wife sickened after living at Tarawa Terrace aboard Camp Lejeune in Vietnam War era fighting for compensation
What happens next?
For now, Boyle must decide how much time to give attorneys to submit their post-trial findings in the Mousser case. Those documents will outline each side's interpretation of the evidence presented during the trial and how the law should apply. The judge could adopt either proposed deadline or establish a different schedule.
Even after the filings are submitted, there is no established date for a ruling.
Meanwhile, the second bellwether trial is scheduled to begin November 9, as the broader effort to resolve Camp Lejeune water contamination claims continues.
Their stories: Search for justice for Camp Lejeune water contamination continues for Marine stationed at base in 1980s
