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Only available remedy for irradiated sailors is to sue TEPCO

Is America Abandoning its Bravest Heroes Yet justiceAgain?, WhoWhatWhy  By  on Apr 21, 2014Legal Remedy Sought“………Meanwhile, the only remedy available to Cooper, Goodwin, Sebourn, Simmons, and the others is to sue the Japanese operator of the nuclear plant, TEPCO. Lead attorney for the class action suit, Paul Garner, believes he will be able to prove that TEPCO knew on the first day of the accident that the plant was spewing deadly radiation, but concealed that information from the world. He also expresses confidence he will be able to prove that if the military had been aware of the radiation levels, it would not have sent or kept U.S. troops in harm’s way.

But Judge Janis L. Sammartino, who is hearing the case in San Diego, has set a high bar, ruling in November 2013 that the plaintiffs must show:

…not only that TEPCO misrepresented the condition of the FNPP [Fukushima nuclear power plant] and the risk to soldiers operating near the damaged facility, but also that TEPCO’s allegedly wrongful conduct, as opposed to other factors, caused the commanding officers of the Reagan “(1) to move the strike force and associated personnel into an area of dangerous radiation exposure; (2) to do so without undertaking radiation testing and research; and (3) to fail to order the necessary precautions, such as locking down the Reagan and supplying radiation monitoring.…”

And further:

At a minimum, Plaintiffs must show that, but for TEPCO’s allegedly wrongful conduct, the military would not have deployed personnel near the FNPP or would have taken additional measures to protect service members from radiation exposure. Thus, Plaintiffs’ success inevitably hinges on the conclusion that the military’s precautions were inadequate or unreasonable and that had it not been for TEPCO’s misstatements, military commanders would have adopted a different course of action…….http://whowhatwhy.com/2014/04/21/america-abandoning-bravest-heroes-yet/

April 22, 2014 - Posted by | Legal, USA

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