Former senator pledges to support vets in Fukushima lawsuit — Stars and Stripes

” Former Sen. John Edwards has pledged to support hundreds of U.S. sailors, Marines and airmen who say they were sickened by radioactive fallout from the 2011 disaster at the Fukushima Dai-ichi nuclear power plant.

U.S. forces participated in relief efforts after a 9.0-magnitude earthquake triggered a tsunami that battered swaths of northeastern Japan, including the plant.

Edwards — the 2004 Democratic nominee for vice president who ran for president that year and in 2008 — has offered his “legal and personal assistance” to the plaintiffs after hearing about their lawsuit against the Tokyo Electric Power Co., which operates the plant, according to a statement from the plaintiffs’ attorneys.

The lawsuit against TEPCO and several other co-defendants, including General Electric, EBASCO, Toshiba Corp. and Hitachi, is scheduled to proceed to trial pending appeals. Oral arguments in the appeals case are due to begin Thursday in the 9th Circuit Federal Court in Pasadena, Calif. The plaintiffs’ lawyers don’t expect a ruling before November.

The plaintiffs maintain that TEPCO lied about the risk of radiation exposure, luring American forces closer to the affected areas and lulling others at bases across Japan into disregarding safety measures. The other defendants are accused of making faulty parts for reactors that contributed to Fukushima’s meltdown in March 2011.

The plaintiffs allege they have developed cancers, ulcers, uterine bleeding and thyroid issues as a result of radiation exposure. The U.S. government has said the radiation levels servicemembers encountered were too low to cause any maladies.

Edwards is now a partner at Edwards Kirby, a Raleigh law firm specializing in personal injury, economic justice and property rights. He could not be immediately be reached for comment.

News of Edwards’ support comes just months after another ex-politician, former Japanese Prime Minister Junichiro Koizumi, pledged his support after meeting with several of the plaintiffs during a visit to the United States.

In July, he called on his countrymen to donate to a fund for the plaintiffs, saying “it is not the kind of issue we can dismiss with just sympathy,” according to the Asahi Shimbun. “

by Matthew M. Burke

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Koizumi appeals for help for U.S. vets who assisted in Fukushima — The Asahi Shimbun; Stars and Stripes

The Asahi Shimbun:

” Former Prime Minister Junichiro Koizumi sheds tears at a news conference in Carlsbad, Calif., on May 17, after visiting U.S. veterans who are plantiffs in a suit filed against Tokyo Electric Power Co. in connection with the 2011 nuclear accident. (Asahi Shimbun file photo)

Former Prime Minister Junichiro Koizumi is calling for donations to the relief fund he founded for U.S. veterans who claim their health problems resulted from radioactive fallout after the 2011 nuclear disaster.

Speaking at a news conference on July 5 alongside another former prime minister, Morihiro Hosokawa, Koizumi said of the U.S. veterans: “They went so far to do their utmost to help Japan. It is not the kind of issue we can dismiss with just sympathy.”

More than 400 veterans who were part of the Operation Tomodachi mission to provide humanitarian relief after the Great East Japan Earthquake and tsunami have filed a mass lawsuit in California against Tokyo Electric Power Co., operator of the crippled Fukushima No. 1 nuclear plant. They are seeking compensation and an explanation for their health problems.

However, in a 2014 report released by the U.S. Defense Department, no link was established between radiation exposure and their ill health. The reason cited was that only a low level of radiation exposure occurred.

Koizumi, 74, visited some of the plaintiffs in the United States in mid-May. Although Koizumi was a supporter of nuclear power when he was prime minister between 2001 and 2006, he became an outspoken opponent after the triple meltdown at the Fukushima plant. ”

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Stars and Stripes:

” YOKOTA AIR BASE, Japan — A former Japanese prime minister is calling on his countrymen to donate to a fund for U.S. veterans who say they were sickened by radioactive fallout from the 2011 disaster at the Fukushima Dai-ichi nuclear power plant.

“They went so far to do their utmost to help Japan,” Junichiro Koizumi told a news conference Tuesday in Tokyo alongside fellow former Prime Minister Morihiro Hosokawa, according to Asahi Shimbun. “It is not the kind of issue we can dismiss with just sympathy.”

Hundreds of veterans, claiming a host of medical conditions they say are related to radiation exposure after participating in Operation Tomodachi relief efforts, have filed suit against the nuclear plant’s operator, the Tokyo Electric Power Co. A massive earthquake caused a tsunami that swamped a large stretch of northeastern Japan and inundated the power plant. Experts are still dealing with continuing leaks from the reactors.

The suit asserts that TEPCO lied, coaxing the Navy closer to the plant even though it knew the situation was dire. General Electric, EBASCO, Toshiba Corp. and Hitachi were later added as defendants for allegations of faulty parts for the reactors.

Illnesses listed in the lawsuit, which is making its way through the courts, include genetic immune system diseases, headaches, difficulty concentrating, thyroid problems, bloody noses, rectal and gynecological bleeding, weakness in sides of the body accompanied by the shrinking of muscle mass, memory loss, leukemia, testicular cancer, problems with vision, high-pitch ringing in the ears and anxiety.

People can donate to the fund, called the Operation Tomodachi Victims Foundation, at Japanese credit union Jonan Shinyo Kinko, Eigyobu honten branch, account No. 844688.

Donations, accepted through March 31, 2017, will be transferred to a U.S. bank and used, under the management of a judge, to support the veterans, according to a news release from the credit union. “

by Aaron Kidd, contributions from Hana Kusumoto

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USS reagan sailors sue for nuclear justice

Attorney Charles Bonner gives an update on his class action litigation on behalf of 250+ named military personnel harmed by exposure to Fukushima fallout during an aid mission in March 2011. The mission was called Operation Tomodachi; “tomodachi” means “friends” in Japanese. The suit targets the plant operator and its manufacturers — GE, EBASCO, Toshiba and Hitachi. These sailors, many of whom were in their young 20s up to 35 years old during the mission, have been suffering from various forms of cancer, atrophies, cataracts, skin conditions, etc., starting within the first year after their return from Japan. Three sailors exposed to radiation have died, and one named sailor’s wife gave birth to a baby with genetic mutations.

Bonner notes that many reactors all over the United States share the same GE design as Fukushima No. 1. And guess what, they’re ALL leaking!

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Question of negligence hangs over nuclear firms in U.S. case over Fukushima fallout — The Japan Times

” Dear Minister of Economy, Trade and Industry Yoichi Miyazawa,

As you may be aware, a federal judge in the U.S. recently ruled that a class-action lawsuit filed by about 200 U.S. Navy sailors can proceed against Tokyo Electric Power Co. and other defendants they blame for a variety of ailments caused by radiation exposure following the nuclear reactor meltdowns at Fukushima No. 1.

The sailors allege that Tepco knowingly and negligently gave false and misleading information concerning the true condition of the Fukushima No. 1 nuclear power plant to the public, including the U.S. military. They further allege that Tepco knew the sailors on board the USS Ronald Reagan would be exposed to unsafe levels of radiation because Tepco was aware three nuclear reactors at the site had already melted down.

In this connection, the lawsuit notes that on Dec. 14, 2013, Naoto Kan, Japan’s prime minister at the time of the disaster, told a gathering of journalists regarding the first meltdown: “People think it was March 12 but the first meltdown occurred five hours after the earthquake.”

The sailors in question were participating in Operation Tomodachi, providing humanitarian relief in response to the Japanese government’s calls for assistance. In accordance with the U.S.-Japan Security Treaty, these sailors literally risked their lives to aid and protect the people of Japan.

The sailors accuse Tepco of negligence, failure to warn of the dangers, and design defects in the construction and installation of the reactors, among a total of nine claims for damages. To date, the sailors have experienced such illnesses as leukemia, ulcers, brain cancer, brain tumors, testicular cancer, dysfunctional uterine bleeding, thyroid illnesses, stomach ailments and a host of other complaints unusual in such young adults.

One of the major questions to be decided by the lawsuit is who will pay for the military members’ ongoing and possibly lifelong medical treatment. In addition to addressing specific illnesses, funding will be required for future medical monitoring for themselves and their children, including monitoring for possible radiation-induced genetic mutations. Some of the radiological particles inhaled by these service personnel have long half-lives, from six to 50 or even 100 years.

Needless to say, the Japanese government has a wealth of information about what actually happened, and when, at Fukushima No. 1. Thus it would seem legally as well as morally appropriate for the government to share its Fukushima-related knowledge with the Federal Court in the Southern District of California.

This could be done, for example, in the form of an amicus curiae brief — that is, a brief submitted by someone not a party to a case who nevertheless possesses relevant information that may assist the court. My first question to you, Minister Miyazawa, is: Are you and the Japanese government willing to submit such a brief?

It is significant that the builders of the Fukushima No. 1 reactors — General Electric, EBASCO, Toshiba and Hitachi — are also defendants. This is because the reactors for Units 1, 2 and 6 were supplied by General Electric, those for Units 3 and 5 by Toshiba, and Unit 4 by Hitachi. General Electric, however, designed all six reactors, and the architectural plans were done by EBASCO.

In particular, GE knew decades ago that the design of its Mark I reactors installed at Fukushima No. 1 was faulty. Thirty-five years ago, Dale G. Bridenbaugh and two of his colleagues at General Electric resigned from their jobs after becoming convinced that the Mark I’s design was so flawed it could lead to a devastating accident. They publicly testified before the U.S. Congress on the inability of the Mark I to handle the immense pressures that would result if the reactor lost cooling power.

Their concerns proved all too accurate at Fukushima No. 1, a disaster that has yet to end given the continued massive radioactive contamination of the ocean.

In light of this, Minister Miyazawa, I end this message with one final question: Why hasn’t the Japanese government, like the American sailors, filed its own lawsuits against these same companies to determine their legal liability? In other words, why are the Japanese people being forced to pay for the possibly negligent actions of some of the world’s largest corporations?

BRIAN VICTORIA

Yellow Springs, Ohio ”

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Latest news on US sailors’ class-action suit against Tepco — Nuclear Hotseat, Stars & Stripes, Bloomberg, DTRA webisode

In the US sailors’ class-action lawsuit against Tokyo Electric, — Lindsay R. Cooper v Tokyo Electric Power Company Inc., 12-cv-3032. U.S. District Court, Southern District of California, — California Judge Janis Sammartino ruled that the lawsuit can proceed and include not only Tokyo Electric Power Company, but also the builders of the Fukushima No. 1 plant, General Electric, EBASCO, Toshiba and Hitachi.

Nuclear Hotseat posted the plaintiff attorneys’ press release:

” U.S. SAILORS WIN KEY COURT DECISION TO GO FORWARD WITH CLASS ACTION AGAINST JAPAN’S NUCLEAR POWER COMPANY

U.S. Navy Sailors have won a crucial battle in the United States District Court in San Diego against Tokyo Electric Power Company, known as TEPCO. A Federal judge has ruled that the sailors’ class action law suit may go forward against TEPCO and additional Defendants General Electric, EBASCO, Toshiba and Hitachi, the builders of the Fukushima nuclear reactors. The 200 young sailors claim that TEPCO deliberately lied to the public and the U.S. Navy about the radiation levels at the Fukushima Dai-Ichi Nuclear Power Plant at the time the Japanese Government was asking for help for victims of the March 11, 2011 Earthquake and Tsunami. Up to 70,000 U.S. citizens were potentially affected by the radiation and will be able to join the class action suit.

The lawsuit is based on the sailors’ participation in Operation Tomodachi (meaning “Friends”), providing humanitarian relief after the March 11, 2011 devastation caused by the Earthquake and Tsunami. The lawsuit includes claims for illnesses such as Leukemia, ulcers, gall bladder removals, brain cancer, brain tumors, testicular cancer, dysfunctional uterine bleeding, thyroid illnesses, stomach ailments and a host of other complaints unusual in such young adults. The injured servicemen and women will require treatment for their deteriorating health, medical monitoring, payment of their medical bills, appropriate health monitoring for their children, andmonitoring for possible radiation-induced genetic mutations.

One Sailor, age 22, has been diagnosed with Leukemia and is losing his eyesight. In his declaration to the court he states, “Upon my return from Operation Tomodachi, I began losing my eyesight.I lost all vision in my left eye and most vision in my right eye. I am unable to read street signs and am no longer able to drive. Prior to Operation Tomodachi, I had 20/20 eyesight, wore no glasses and had no corrective eye surgery. Additionally, I know of no family members who have had leukemia.” Paul Garner and Charles Bonner, attorneys for the sailors, say that additional plaintiffs are continuing to come forward with serious ailments from radiation.

The sailors would like the general public to contact their members of Congress, locally elected officials, and President Obama and implore them to tell the Government of Japan to (1) apply the principles of “Operation Tomodachi” to the Plaintiff-victims and help these U.S. Sailors; and (2) tell TEPCO to stop shirking responsibility for their publically acknowledged wrongdoings.
fukushimaradiationvictims.net Email: daryljbrooks@roadrunner.com ”

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Here is a map showing the position of the USS Ronald Reagan in Operation Tomodachi on March 13 in chronological relation to the stream of radiation flowing out of the Fukushima No. 1 Nuclear Power Plant.

Reagan_Position_Mar13

 

Next, read a Stars and Stripes article titled, “Judge: Sailors’ class-action suit can proceed over alleged radiation exposure,” published on Oct. 30, 2014.

” A U.S. federal judge has ruled that a class-action lawsuit filed by about 200 Navy sailors and Marines can proceed against Japanese utility TEPCO and other defendants who they blame for a variety of ailments from radiation exposure following a nuclear reactor meltdown 3½ years ago.

In a decision released Tuesday, Southern District of California Judge Janis Sammartino ruled that the suit can be amended to add the builders of the Fukushima-Daichi Nuclear Power Plant reactors — General Electric, EBASCO, Toshiba and Hitachi — as defendants.

Sammartino also denied a change of venue to Japan and dismissed several minor aspects of the suit. The plaintiffs’ lawyers have until Nov. 18 to make changes to their filings.

“It is not over, but we have won the major battle,” lawyer Charles Bonner wrote in an email to his clients that was provided to Stars and Stripes.

“THANK GOD!!!!!” responded Lindsay Cooper, the first USS Ronald Reagan sailor to come forward and report an illness.

Sammartino’s ruling was a bit of a surprise. The Defense Department, including Assistant Secretary of Defense for Health Affairs Dr. Jonathan Woodson, have concluded that the illnesses are not a result of the servicemembers’ work in Operation Tomodachi, in which a massive earthquake on March 11, 2011, spawned a tsunami that swamped the nuclear plant.

The suit was first filed in 2012 by a small group of sailors off the USS Ronald Reagan, who alleged that TEPCO’s misinformation coaxed U.S. forces closer to the affected areas and made them sick. More ailing servicemembers came forward citing exposure-related ailments such as unexplained cancers, excessive bleeding and thyroid issues.

The suit has been refiled a number of times, adding plaintiffs and, more recently, additional defendants.

TEPCO tried to have the case dismissed. Oral arguments were presented Aug. 25.

Bonner and fellow attorney for the sailors, Paul Garner, said additional plaintiffs are continuing to come forward with “serious ailments from radiation,” according to a statement released by the legal team. ”

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In addition to the above article, here is further clarification from Bloomberg in “Sailors can sue Tepco in U.S. over radiation, judge says.” Read the entire article HERE.

” … The sailors and their families claimed the company known as Tepco, Japan’s biggest power utility, was negligent in the design and operation of the Fukushima plant, according to their amended complaint filed in February. They’re seeking to create a fund exceeding $1 billion to monitor their health and pay for medical expenses, on top of unspecified damages.

Tepco had argued the U.S. military had contributed to the plaintiffs’ harm, limiting the utility’s liability.

Tepco spokesman Satoshi Togawa declined to comment on the lawsuit.

In Japan, an inquest committee has recommended that local prosecutors indict former Tepco chairman Tsunehisa Katsumata and two executives over negligence claims leading to the disaster. Prosecutors in Tokyo said this month they would decide on charges by Feb. 2. … ”

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Finally, here is a self-promotional video from the Defense Threat Reduction Agency for its recommendations to the US Navy at the time of the Fukushima meltdowns.

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