” A US appeals court has ruled that hundreds of American navy personnel can pursue a compensation suit against the government of Japan and Tokyo Electric Power Co. for illnesses allegedly caused by exposure to radioactivity in the aftermath of the 2011 accident at the Fukushima Dai-ichi nuclear plant.
The 9th US Circuit Court of Appeals in San Francisco ruled on Thursday that the 318 sailors who have so far joined the $1 billion (£787 million) class action lawsuit do not need to file their case in Japan.
Most of the plaintiffs were aboard the USS Ronald Reagan, an aircraft carrier that was dispatched to waters off north-east Japan after the March 2011 meltdown at the Fukushima plant. Three reactors suffered catastrophic meltdowns and released large amounts of radiation into the atmosphere after their cooling units were destroyed by a magnitude-9 earthquake and a series of tsunami.
The plaintiffs claim that they were healthy and physically fit before they were exposed to the radiation plume, with some personnel reporting the air on the flight deck tasting “metallic”.
The California-based law firm representing the plaintiffs say they have been affected by a range of complaints, ranging from leukaemia to ulcers, brain cancer, brain tumours, testicular cancer, thyroid illnesses and stomach complaints.
The suit claims that TEPCO is financially responsible for the sailors’ medial treatment because it failed to accurately inform the Japanese government of the scale of the problem.
The Japanese government, the suit alleges, also failed to inform the US that radiation leaking from the plant posed a threat to the crew of the USS Ronald Reagan and other US assets dispatched to assist in “Operation Tomodachi”, meaning “friend” in Japanese.
The case was originally filed in San Diego in 2012, but has been delayed over the question of where it should be heard. The US government has also vehemently denied that any personnel were exposed to levels of radiation that would have had an impact on their health during the Fukushima recovery mission.
Interviewed for the San Diego City Beat newspaper in February, William Zeller said: “Right now, I know I have problems but I’m afraid of actually finding out how bad they really are.”
Formerly a martial arts instructor, he now uses a breathing machine when he goes to sleep due to respiratory problems he blames on his exposure aboard the USS Ronald Reagan in 2011.
“I literally just go to work and go home now”, he said. “I don’t have the energy or pain threshold to deal with anything else”. ”
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.
” 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.
Japan Safety : Nuclear Energy Updates 