Camp Lejeune Water Contamination Litigation
In a significant development, both sides in the Camp Lejeune water contamination litigation have reached an agreement on pretrial discovery rules, aiming to enhance efficiency in handling the large number of cases. Approved by the court in new Case Management Order #11, the agreement includes key provisions to streamline the process:
Government’s Right to Conduct Independent Medical Exams
The government is granted the right to conduct independent medical exams on plaintiffs who have been examined by a medical expert hired by plaintiffs’ lawyers. This “defense medical exam” right, typical in personal injury cases, allows the government to forgo its own medical exams if plaintiffs agree not to use their exams for expert testimony.
Plaintiffs’ Early Notice Requirement
Plaintiffs’ attorneys must provide early notice to the United States about any medical exams planned for their clients by experts who will testify in court, preventing unnecessary defense expert exams.
Prompt Notification to the Navy
Plaintiffs must inform the Navy in advance if an expert who has examined a plaintiff will testify on their behalf, ensuring timely notification before the medical exam if the expert’s testimony is certain. Any change from a consulting to a testifying expert must be promptly reported.
Exclusions and Benefits
Exclusions from the agreement include ongoing treatments by plaintiffs’ regular healthcare providers or consultations with non-testifying expert witnesses. This agreement is a crucial step towards expediting the legal process and getting more cases to trial faster, benefiting both parties involved.
