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Different federal laws complicate legal case about radiation exposure and teenager’s brain cancer

Clock Ticking for Florida Family Alleging Radiation Exposure Caused Teen’s Cancer

The appellate panel must decide how two different federal laws should intersect. Law.com By Raychel Lean | April 01, 2020 A federal wrongful death lawsuit alleging exposure to radiation from nuclear materials caused a South Florida teenager’s brain cancer had its moment before the U.S. Court of Appeals for the Eleventh Circuit on Wednesday as attorneys debated whether Florida’s four-year statute of limitations should apply.

The appellate panel must decide how two different federal laws should intersect. While 42 U.S.C. § 9658 preempts state time limits for lawsuits involving nuclear incidents, the Price-Anderson Act adopts state law as “the rules for decision.”

The question arose after Palm Beach County resident Cynthia Santiago sued in the Southern District of Florida in 2014, five years after she was diagnosed with a brain tumor at 13. When she died about two years later, her parents Joselyn and Steve Santiago became personal representatives.

The complaint blamed Connecticut-based aircraft maker United Technologies Corp., alleging its Palm Beach County engineering facility released radioactive materials, heavy metals and semi-volatiles in The Acreage, where several children were also reportedly diagnosed with brain tumors. …… https://www.law.com/dailybusinessreview/2020/04/01/clock-ticking-for-florida-family-alleging-radiation-exposure-caused-teens-cancer/?slreturn=20200301190656

The court has yet to rule.

April 2, 2020 - Posted by | Legal, USA

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