Judge dismisses sailor radiation case

WESTERN PACIFIC OCEAN (March 23, 2011) - Sailors assigned to the aircraft carrier USS Ronald Reagan (CVN 76) and Carrier Air Wing (CVW) 14 man their brooms during a counter-measure wash down on the flight deck. Crewmembers scrubbed the external surfaces on the flight deck and island superstructure to remove potential radiation contamination. Ronald Reagan is currently operating off the coast of Japan to provide disaster relief and humanitarian assistance as directed in support of Operation Tomodachi. (U.S. Navy photo by Mass Communication Specialist Nicholas A. Groesch/Released)UT San Diego – by Jeanette Steele

A San Diego federal judge has dismissed a lawsuit alleging that U.S. sailors were exposed to dangerous radiation during the humanitarian response to the March 2011 Japanese earthquake and tsunami.

But Judge Janis L. Sammartino left the door open for a follow-on lawsuit, and the attorney representing several sailors from the San Diego-based aircraft carrier Ronald Reagan said he intends to refile.  

The judge dismissed the case Nov. 26 on jurisdictional grounds, saying that it was beyond her authority to determine whether the Japanese government had perpetrated a fraud on its American counterpart.

The defendant in the December 2012 case was Tokyo Electric Power Co., operator of Japan’s Fukushima Daiichi nuclear plant.

The lawsuit argued that power company officials lied about the amount of leakage from the damaged plant, in concert with the government of Japan. It says the Navy used those reports in its own calculations about the safety of U.S. sailors in the relief effort, called Operation Tomodachi.

The carrier Reagan responded to the disaster and for more than three weeks stayed off the coast, launching aircraft to help Japanese survivors.

Two days after the disaster, the Navy repositioned the Reagan after detecting low levels of contamination in the air and on 17 aircrew members.

Sailors represented in the lawsuit were deckhands who washed down the flight deck, and performed over decontamination tasks on the ship.

Paul Garner, the Encinitas lawyer leading the case, said the sailors’ ailments include rectal bleeding and other gastrointestinal trouble, unremitting headaches, hair loss and fatigue. Some have thyroid and gallbladder cancer. Many are in their 20s.

Garner said he will refile the case without alleging the conspiracy with the Japanese government.

The number of plaintiffs is now at 51 people. Garner said he intends to add at least 20 more when he refiles.

Radiation experts interviewed by U-T San Diego earlier this year said that acute illness such as nausea, vomiting and diarrhea usually comes on quickly — in days or weeks — after massive radiation exposure.

Unless there are fatalities, people recover within a few months. So, with typical radiation sickness, these former Reagan sailors wouldn’t still have symptoms today.

Long-term illnesses, such as cancer, may result from a smaller amount of radiation exposure. But that type of ailment wouldn’t typically come on so soon, less than two years after the incident.

Radiation lawsuit ruling



4 thoughts on “Judge dismisses sailor radiation case

  1. Once again, just another judge getting paid to hide the real truth behind another one of the many conspiracies of our government. This means Fukushima is definitely bad. Once again their, “If you ain’t got nothing to hide, then what are you worried about?” saying is slapping themselves right in the face.

  2. People from any geological location need to realize that engaging in the military is fighting war for a state who doesn’t care about them in times of war or peace.And there isn’t time of peace because somehow governments always find a way to sucker the young into fighting their wars for them.Government isn’t gonna rescue you.They scare taxpayers into wars of aggression in the first place or wars wouldn’t happen.Can’t scare taxpayers into funding those who can no longer fight the never ending war against the invisible “terrorist.”We have met the enemy.And it is us.Stop fighting wars for the elite who wouldn’t have anything sans ambition had they not stolen it from you.And could not have stolen it from you without your consent,no matter how manufactured through public education and msm.Let governments fight war against each other while the rest engage in free market activity.It’s the productivity of the markets they long to go to war for with your lives in the first place.So what should be shunned?Peace and free markets,or governments and war?Of course judge dismisses any case against the government.Of course the supreme court calls any right infringement constitutional.The government owns the courts and the bankers own the government.They are the final arbiters of their own power.Good point for jury nullification.Read Lysander Spooner on this matter.If you care enough to bitch about it care enough to read about it.I care enough about veterans to wish there weren’t any.

  3. Once again you really have to wonder about the wisdom of mistreating the people that guard your country and by extension you.

  4. We (people who join the military) find, often too late, that our contract takes all ‘expectation’ of justice and throws it out. That contract makes us slaves beholden to military code.

    watch the contracts you sign.

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