Kia Franklin
Cancer Victims Get Nothing for Exposure to Government Nuclear Radiation
According to the AP article below, a statute of limitation could limit cancer victims’ ability to sue for exposure to cancer-causing radiation from government nuclear installation projects. In this case, the plaintiff-friendly lower court verdict was tossed out and the case was returned to trial court in order to determine whether the plaintiff had enough information to file the suit within the prescribed three year window period for suing.
Here’s the article (emphasis added)
Court throws out cancer victim’s award against US nuclear plant contractors SHANNON DININNY Associated Press Writer(AP) - YAKIMA, Washington—A U.S. appeals court threw out a nearly $320,000 award to a thyroid cancer victim who blamed her disease on radiation from a government nuclear installation that made plutonium for atomic bombs for four decades.
The court said a lower court erred in its ruling because plaintiff Gloria Wise’s case fell outside the possible time period to file a lawsuit. But the court sent the case back to U.S. District Court to determine whether Wise had the information necessary to file a claim within the required three years of being found to have cancer.
Since 1990, more than 2,300 people have sued over health problems they believe were caused by exposure to radioactive emissions from the Hanford site.
The appeals court ruling could mean the claims of hundreds of other plaintiffs would be blocked by the same time restraints, said Kevin Van Wart, an attorney for defendants General Electric Co., DuPont Co. and UNC Nuclear Inc.
Richard Eymann, a plaintiffs attorney, said he did not yet know how many other clients could have their cases against the contractors dismissed on those grounds.
Wise was among six plaintiffs who claimed they were exposed to radiation during the 1940s when they were children living downwind from Hanford.
The government created Hanford in the 1940s as part of the top-secret Manhattan Project to build the atomic bomb. Contractors operated reactors and other facilities that historical documents say resulted in intentional and accidental releases of toxic chemicals and radiation.
Residents learned of the emissions only when the government declassified thousands of documents in 1986.
The Hanford cases were largely based on the release of iodine-131, a radioactive byproduct of nuclear weapons production. Iodine-131 concentrates in the thyroid gland, which regulates the body’s metabolism.In 2005, a federal jury awarded $317,251 to Wise and $227,508 to Steve Stanton. The jury was deadlocked for Shannon Rhodes and ruled against the autoimmune disease claims of three other women.
But on Tuesday, the appeals court granted new trials for the three women, Wanda Buckner, Shirley Carlisle and Kathryn Goldbloom, who have hypothyroidism, a condition that slows the body’s metabolism.
The panel denied an appeal by Rhodes but upheld the award for Stanton.
Under law, the government pays the damages and the costs of defending the contractors.
People in Arizona, Nevada, Utah and the Marshall Islands have received compensation for being exposed to radiation during the U.S. atomic buildup.
Those who simply lived downwind from Hanford site have had a more difficult time because health studies have offered differing opinions on whether they have suffered substantial or chronic exposures that threatened their health.
It is difficult to prove in part because thyroid disorders are not caused only by exposure to radiation.
2007-08-15T02:23:57Z
Posted at 2:43 PM, Aug 15, 2007 in Permalink | Comments (5) | TrackBack (0)







Comments
In this case, how do they even know that that was the reason she got the thyroid cancer? I ask this as it occurs naturally and people get it all the time. It is important to note that the autoimmune cases were ruled against. Hypothyroidism is very common in women and on average it is one per 160.
I guess if you are unfortunate enough to get thyroid cancer, or if you are hypothyroid, you should sue the government.
Posted by: Throckmorton | August 16, 2007 08:58 AM
Thyroid disorders develop for a variety of reasons, but when you are exposed to toxic chemicals and radiation, including a chemical that concentrates itself in the thyroid gland, and then you develop thyroid cancer.... well, there's a pretty clear causal link there. Sure you could be exposed to the radiation and toxic chemicals for decades without your knowledge and somehow miraculously be strong enough to fend off disease; and then you could, theoretically, develop it by some other fluke. But what's the more likely story?
When the government released those toxins and that radiation "intentionally and accidentally" but didn't tell people living there and being exposed to it until decades later, that changes the situation too. People had no way to protect themselves because they didn't know they needed to.
I wish I knew more details about how the jury made its determination. But if you look at the few facts the article gives us one can imagine how the government could be culpable. Studies show that juries are increasingly skeptical of plaintiffs so I can guess that the jury considered the circumstantial evidence, expert testimony, government documents, etc., to make the determination.
Posted by: Kia | August 16, 2007 11:48 AM
Kia, the problem with these cases is just as you tried to state. The problem is that you cant really say that there is a causal link. People exposed to certain types of radiation are at higher risks of thyroid malignancy but there are people who develope it anyway. So, how do you tell who would have got it anyway? It comes down to statistics. Nevertheless, because you cant prove it, it is more of a matter of potential money grabbing by people and attornerys. Something to consider, what was more radioactive, the I-131 concentrations in this case or the granite in the courthouse. This whole article is an example of trial lawyers attempting to extort money and it even shows how in the autoimmune cases they were shut down. By the way, if we can sue for being exposed to radiation, then we should be able to bring suit against attorneys who force us into granite courthouses. If you checked granite has a relatively high level of background radiation, so does you comoputer monitor, you microwave, power lines and many watches.
Posted by: throckmorton | August 16, 2007 12:32 PM
That you can't find 100% causation does not invalidate an incredibly significant causal link. Otherwise, that would throw away all the environmental hazard cases in which harmful pollutants caused disease but in which disease could theoretically also be caused by stroke of chance/fate.
Example: Did my grandfather, who died of lung cancer after 30 years of smoking cigarettes, develop cancer by fluke? My 78 year old uncle has smoked cigarettes since age 14 and doesn't even have a cough, and my best friend's mom died of lung cancer at age 50 and never smoked one cigarette. The fact is, cigarettes cause cancer. People with super tough immune systems, good fortune, etc., may not fall victim. Others may get lung cancer from somewhere else. But still others will get cancer from smoking cigarettes.
Also, there's the issue of violation of bodily integrity. These people did not consent to being exposed to the increased risk of getting cancer. Critical public health information was kept from them, and they were unnecessarily exposed to harmful toxins and radiation as a result.
To call helping people who have been involuntarily exposed to harmful radiation simply because of where they live "extortion" is borderline delusional. Thinking especially about concentrated poverty, residential segregation, and how certain people don't have the resources to move around to protect themselves from this kind of thing, how would these people not deserve protection under the law? How can it ever be legally or MORALLY justifiable for the government to undervalue human life like this without being held accountable for the consequences, namely that people got sick?
Your granite courthouse analogy isn't logical. Lawyers can't "force" anyone to go anywhere, and had no role in any toxins that may exist in a granite courthouse, but the government INTENTIONALLY (according to its own documents) exposed people to radiation that they knew was harmful and waited forever to inform people of this harm. In your hypothetical, though, government lawyers could sue the government for forcing them to work in a place with high radiation if the government knows and if that radiation causes cancer.
Posted by: Kia | August 16, 2007 01:37 PM
Kia: I think you misunderstood me. In your statement "To call helping people who have been involuntarily exposed to harmful radiation simply because of where they live "extortion" is borderline delusional", my point is that it is the lawyers trying to extort money, not the people in the area. If attorneys want to do the right thing, we would be trying to help all the people who potentially have increased risk, not trying to make a proffit off of each. Doing things like health screenings, etc. I find it morally questionable to take an issue such as this where there is no true way to find causation except to address the whole population.
This is true with your statements about all the other environmental hazzard cases. What is known about enviromental hazzards is that we seen an increase in certain health conditions. Can we say that each individual case is causal, no. But we can say that the statistal increase is. You then help those in the cohort where the increase is occurring.
In this particular case, is there any statistical evidence that there is an increase in thyroid cancer in the involved population?
Posted by: throckmorton | August 16, 2007 05:18 PM