US sailors who ‘fell sick from Fukushima radiation’ allowed to sue Japan, nuclear plant operator — The Telegraph

” 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”. ”

by Julian Ryall

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Local servicemen may have radiation poisoning from Fukushima — San Diego City Beat

” With a class action lawsuit pending, hundreds of Navy sailors say they can’t get the help they need.

“Right now, I know I have problems, but I’m afraid of actually finding out how bad they really are,” said William Zeller, a 33-year-old active-duty Navy servicemember living in San Diego. He’s one of the 4,500 sailors who were aboard the USS Ronald Reagan during Operation Tomodachi, a humanitarian aid mission sent to Japan the day after a tsunami triggered the 2011 Fukushima Daiichi nuclear meltdown.

“I know there’s something wrong,” Zeller said. “I’ve got many other people around me telling me I don’t look good, and I need to get checked out. While I am a workaholic, it’s a distraction.”

Zeller is only one of 318 sailors (and counting) who have joined a billion-dollar class action lawsuit filed in 2012 against the nuclear generators’ operating company, Tokyo Electric Power Company, or TEPCO, for injuries allegedly caused by radiation exposure.

The lawsuit argues TEPCO is financially responsible for the sailors’ medical care because the operating company, admittedly, did not inform the Japanese government of the meltdown. In turn, the Japanese government unknowingly misinformed the U.S. Navy of potential dangers of anchoring off the coast of Japan where the ship was engulfed in a plume of radiation for several hours.

“Everywhere we went we had to carry [gas masks] on our hips,” Zeller said. “We were turning on news networks, and we could see how we were right in the plume. You could taste the metallic air.”

In the six years since Fukushima, Zeller has only sought medical attention from the Navy since the care is financially covered.

“The military health system is a process, putting it politely,” he said, explaining how it took four years to learn he had abnormal bone growth, nerve damage and what he believes is irritable bowel syndrome, all of which began a year after Operation Tomodachi. His weight fluctuates 20 to 30 pounds within a month, and he’s unendingly fatigued.

“Before I went [on the USS Ronald Reagan], I used to be a martial arts instructor,” he said. “I used to go on regular bike rides. I hiked. I was in very good shape. Now, I wear a breathing machine when I go to sleep because I have respiratory problems. I literally just go to work and go home now. I don’t have the energy or the pain threshold to deal with anything else.”

Considering the Veterans Association’s inability to treat members in a timely or efficient manner, Zeller’s lawyer, Paul Garner, said VA care is not an option. Instead, they’re hopeful that a fund set up by former Japanese Prime Minister Junichiro Koizumi will come to fruition.

Koizumi announced the creation of the fund while visiting 10 affected sailors, including Zeller, in San Diego in May. Koizumi said he expects to raise $2 million by a March 31 cutoff date. The plan is to then transfer the money to the U.S. to supplement the sailor’s medical bills at, according to Garner, some of the best care centers across the country.

However, Garner knows $2 million won’t be enough to cover every need, especially since some sailors have reported symptoms appearing in their children who were born after Operation Tomodachi.

“I have no idea if it’s caused by the radiation that I was exposed to on the Reagan, but I don’t know that it’s not,” said Jason F., who was also on board the USS Ronald Reagan but didn’t want to share his last name while he’s still active duty. His breathing is audible over the phone, as if climbing several sets of stairs, but he’s tucking his three-year-old daughter into bed at their San Diego home.

“That’s standard breathing for me,” he said. “I don’t know what to do about it. She has difficulty breathing too,” he said of his daughter, who was born in 2013. “She snores like a grown man.”

Jason is 36 years old, in shape, never smoked a day in his life and didn’t have trouble breathing until after his time on the USS Ronald Reagan. His respiratory difficulties have aggrandized since 2011, peaking during a 2016 deployment where the doctors told him the contrasting temperatures were to blame and gave him an inhaler to puff on. It took a formal request to fly him off the ship to receive medical treatment in Bahrain, where he was told he had a 60 percent chance of tuberculosis and a 40 percent chance of lung cancer. He has since been diagnosed with asthma by an outside specialist, although the treatments aren’t working.

“It’s difficult for them to figure out,” Jason said. “I mean, how many patients have they had that are exposed to radiation? And are they trained for that?”

When Zeller mentioned radiation exposure to doctors at the Navy, he said he was told it was interesting, if acknowledged at all.

Lung cancer is one of several cancers associated with high radiation exposure, according to the U.S. Nuclear Regulatory Commission website, as well as leukemia, which several sailors have been diagnosed with. Bloody noses, rectal and gynecological bleeding, weakness and ulcers, are also symptoms reported by the sailors and are signs of radiation poisoning, according to the Scripps Health website.

In 2014, the Department of Defense published a report acknowledging that radiation exposure can cause such medical issues, but that the exposure levels were too low and the symptoms appeared too soon to make a connection.

While Zeller and Jason hope for financial support either from Koizumi’s fund or by winning the lawsuit, they want support for the others affected.

“I’m experiencing symptoms, but it’s not just for me,” Zeller said. “It’s for the individuals who are way worse than me and to bring attention to them… They have tumors, cancers, birth defects in their children, some individuals have mass muscle fatigue where their entire half of their body isn’t functional anymore, and they are stuck in wheelchairs. I am currently on the better end.”

The sailors are waiting for a decision from the 9th Circuit Court of Appeals determining whether the lawsuit will continue in the United States or in Japan, if at all.

In January, TEPCO urged the court to dismiss the case, citing that it is a political matter that could impact international relations.

Jason said the lawsuit is about more than money, specifically when it comes to his daughter’s future.

“I just want accountability,” he said. “I want her taken care of. Whatever that takes.” ”

by Torrey Bailey

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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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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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