U.S. Government Supports Lower Court Decision

[Ksheed]

U.S. Government Supports Lower Court Decision that Navy Members' Fukushima Suit Can Proceed in United States


https://www.lawfareblog.com/us-government-supports-lower-court-decision-navy-members-fukushima-suit-can-proceed-united-states

[GLW]

You are in the Navy,...


You go where ordered,...


Including Harm's Way,...


If you do not want to find yourself in harm's way,...


don't join the Navy,...


stay home and bag groceries at the Publix Supermarket,...


you don't get special consideration and privileges as a veteran just because you volunteered,...


you get it because you volunteered to go in harm's way if so ordered,....


that's the deal pal,...


honour it,...

[RFaunt]

You are in the Navy,...


You go where ordered,...


Including Harm's Way,...


If you do not want to find yourself in harm's way,...


don't join the Navy,...


stay home and bag groceries at the Publix Supermarket,...


you don't get special consideration and privileges as a veteran just because you volunteered,...


you get it because you volunteered to go in harm's way if so ordered,....


that's the deal pal,...


honour it,...

I don't feel this is about special treatment or honor. If TEPCO deliberately lied about the radiological environment those ships were moored in, then they should be held accountable.


There's precedence for this; the chemical companies settled claims for the Agent Orange illnesses after years of denying a link between the two. That's after many of those people who went into harm's way were denied by the VA when they sought care and disability compensation. There are a lot of instances of service members falling ill and being told there's no link, only to have a reversal once a link is proven. A service member's volunteer status shouldn't absolve corporations of their responsibility to be honest.


I'm not suggesting that all those in the class action suit were exposed to dangerous amounts of radiation, but to respond to their claim with a "stay home and work at Publix" is a slap in the face to those who've been railroaded when trying to get care during and after their service.

[Marlin]

Much ado about nothing   
U.S. Navy Sailors Sue Over Low-dose Radiation

The crew of the U.S.S. Shiloh received the most radiation during Operation Tomodachi, registering a whole-body dose of 0.033 rem and a thyroid dose of 0.31 rem. Even in that case EHSR issues the assurance to personnel that these doses "are well below levels associated with adverse medical conditions." (Emphasis in original.) Based on its own measurements — not those of TEPCO or the Japanese government — the Navy chose not to place any personnel on "a medical surveillance program to monitor long-term health outcomes."

https://www.thenewamerican.com/tech/energy/item/17733-u-s-navy-sailors-sue-over-low-dose-radiation

[RFaunt]

Much ado about nothing   

Seems about right. They deployed my team to the Toyko Prefecture to prepare for the State Dept and civilian evacuation that never came.

I disagree with the assertion that volunteering to put yourself in harm's way absolves the corporation and/or government entities of responsibility. Hits close to home for me. I saw guys fall ill at the Al Muthanna Chemical Complex during our '07 deployment. I was responsible for the initial chemical recon survey which showed no evidence of chemical hazards. Once they broke ground (and unknowingly punctured something stored beneath the surface), guys began falling ill soon after. Positive results after that were attributed to "faulty meters" by higher--which was plausible due to the temperature. But there was something there, and they refused to release the lab analysis. The government refused for years to admit people had been exposed to chemical warfare and other toxic chemicals until 2014.

While this case may be much ado about nothing, I still question how any of this comes down to honor or a lack thereof.

[GLW]

I don't feel this is about special treatment or honor. If TEPCO deliberately lied about the radiological environment those ships were moored in, then they should be held accountable.....

nope,...

the US Navy acting under the direction of the CinC put those sailors there,...

if the sailors have a beef, it is with those Officers and Commanders who ordered them into harm's way,...

you can see it different, my contention will remain that without the earlier illucidated "buck stops here" accountability of the military to it's servicemembers then everything, everywhere, everytime would be and where does it end?!?!?!?

if we can sue them, they can sue us (individually) when our muck up maims or kills them,...

turnaround is fair play,....

that is why the military, the people who exist to break things and kill people, operate under different rules than the civvies do,...

you cannot have it both ways,...






(oooops, open forum)

[Abiien]

Considering topsiders were throwing contaminated snow-balls during the Reagans venture through the cloud and thousands things were bagged and stored because they were too hot, I'm surprised that's all they got.

My advice during then was "Don't eat the yellow snow... no seriously..."

[RFaunt]

nope,...

the US Navy acting under the direction of the CinC put those sailors there,...

if the sailors have a beef, it is with those Officers and Commanders who ordered them into harm's way,...

you can see it different, my contention will remain that without the earlier illucidated "buck stops here" accountability of the military to it's servicemembers then everything, everywhere, everytime would be and where does it end?!?!?!?

if we can sue them, they can sue us (individually) when our muck up maims or kills them,...

turnaround is fair play,....

that is why the military, the people who exist to break things and kill people, operate under different rules than the civvies do,...

you cannot have it both ways,...






(oooops, open forum)

Fair enough. My beef is more about how veterans are handled by the VA after incidents. Outside the scope of this forum though since we all seem to agree this case isn't one of overexposure...so I'll mind my manners.

[GLW]

Fair enough. My beef is more about how veterans are handled by the VA after incidents. Outside the scope of this forum though since we all seem to agree this case isn't one of overexposure...so I'll mind my manners.

yep, and that's a topic that would be opened elsewhere on these forums,...

[Mounder]

a frivolous lawsuit that is alleging exposure to levels that are far below public limits. what angle will be legally attacked in court?  Some poor RSO will have his sampling/dosimetry records poured over for some CoC error or similar. Courts and government personnel without scientific expertise passing the buck rather than making a decision.

[RDTroja]

I don't feel this is about special treatment or honor. If TEPCO deliberately lied about the radiological environment those ships were moored in, then they should be held accountable.

If TEPCO deliberately lied to someone that does not have the ability or resources to verify the reported levels, then shame on them. If we put sailors in there without verifying the levels with our own equipment then... well, you know the rest.