First Camp Lejeune Justice Act Trial Opens as Settlement Framework Talks Heat Up

Published October 26, 2026

More than four years after Congress passed the Camp Lejeune Justice Act, the first case brought under the law went to trial on Monday, October 26, in federal court in Elizabeth City, North Carolina. The plaintiff is Frank Mousser, a former Marine who served at the base and later developed kidney cancer, according to Public Radio East. There is no jury: under the Act, these cases are decided by a judge in a bench trial.

Why this first trial matters

This is the first time a Justice Act claim has been tested in a courtroom since President Biden signed the law in August 2022 as part of the PACT Act. The case is part of the first group of trials (known as Track 1), and three more are scheduled, with the next one set for November. Rep. Deborah Ross of North Carolina has suggested the result could act as a benchmark for what similar claims are worth in settlement talks. One verdict does not set a binding value for anyone else's case, but both sides are likely to treat it as a data point.

The scale of the backlog is the backdrop. More than 400,000 administrative claims have been filed with the Navy, thousands of lawsuits are pending in the Eastern District of North Carolina, and fewer than 1% of claims have been resolved, according to Public Radio East. The Justice Department has offered more than $1 billion in settlements to date.

Competing proposals filed the Friday before trial

On October 23, both sides filed papers that point in different directions:

• Plaintiffs' census proposal. The Plaintiffs' Leadership Group asked the court to order a census of claimants whose cases involve any of 25 diseases or conditions, including several cancers, birth defects, Parkinson's disease, ALS and multiple sclerosis. Each claimant would provide basic identifying information, an administrative claim number and a diagnosis. The list is broader than the government's existing Elective Option program. It is a proposal for organizing negotiations, not a court-approved settlement list, and it does not guarantee payment to anyone on it. The group noted that more than 200 diseases have been alleged across all claims but took no position on conditions outside its 25.
• Government's Lone Pine request. The Justice Department filed a memorandum supporting a Lone Pine order, which would require plaintiffs to come forward early with evidence of exposure, diagnosis and causation. The government argues this is needed to manage the volume of cases.

What comes next

The court has set October 30 as the date for the parties to work toward a global settlement framework, and the next Track 1 trial is scheduled for November. For claimants, the practical takeaway is the same regardless of how the first trial ends: if a Lone Pine order is entered, having service or residence records and medical documentation of a diagnosis ready will matter. Earlier this month, the political side of the litigation also drew attention when President Trump tied remaining payouts to the midterm elections.

If you or a family member lived or worked at Camp Lejeune between 1953 and 1987 and later developed cancer or another serious illness, see Atumio's Camp Lejeune case page for a free eligibility review, or start your case review directly.