Federal scientist disputes Justice Department defense in first Camp Lejeune trial
Dr. Frank Bove argues that government attorneys are challenging scientific links their own agency established between toxic chemicals and kidney cancer.
By Tomas Rahman ·
A retired federal epidemiologist is challenging the legal defense presented by the Department of Justice in the first trial under the Camp Lejeune Justice Act. The dispute centers on whether scientific evidence linking trichloroethylene to kidney cancer applies to the specific diagnosis of veteran Frank Mousser.
Mousser's trial began October 26 in Elizabeth City, North Carolina. U.S. District Judge Terrence W. Boyle presided over a bench trial where attorneys presented competing medical and scientific evidence. The official transcript released on Friday details the arguments over whether contaminated drinking water at the Marine Corps base caused Mousser's cancer.
The government's position, represented by attorney Adam Bain, acknowledges that Mousser has a serious illness but argues he must prove a direct causal connection to the water exposure. Bain stated, "We don't dispute that he has a serious illness," but maintained that the evidence did not establish the necessary link.
A central point of contention is the specific type of cancer Mousser developed. His diagnosis is renal pelvis cancer, a condition medically distinct from renal cell carcinoma, which is the more common form of kidney cancer. Government expert Dr. Paul Shields testified that while scientists cannot say a chemical "cannot" cause a disease, the available human evidence did not support a conclusion that Camp Lejeune exposure caused Mousser's particular cancer.
Plaintiff's experts offered a different view. Dr. Joseph Del Pizzo, a urologic surgeon, testified that to a reasonable degree of medical certainty, Mousser's exposure to the contaminated water was more likely than not the cause of his cancer. This testimony directly addressed the causation issue that Judge Boyle must decide.
Dr. Frank Bove, who led federal studies on Camp Lejeune health effects, argues the Justice Department is challenging claims that government scientists have previously associated with toxic exposure. Bove noted that studies found a higher rate of kidney cancer among exposed populations. He stated, "All we can say is that it's likely because the rate was higher among those exposed than unexposed."
To control for variables like smoking and alcohol use, Bove's team compared Marines stationed at Camp Lejeune with those at Camp Pendleton in California. Bove explained that the populations were similar, allowing researchers to isolate the effect of water contamination. He pointed to chronic obstructive pulmonary disease rates as evidence that the comparison groups were comparable regarding smoking habits.
More than 400,000 administrative claims have been filed under the act. While Mousser's individual ruling will not automatically determine the outcome of those claims, the decision in this first trial may influence how courts evaluate similar cases in the future.
