US sailors sue Japan's TEPCO

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Do the plaintiffs deserve monetary compensation?

Yes
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63%
No
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38%
 
Total votes: 32

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US sailors sue Japan's TEPCO

Post by Sidewinder »

NBC News
US sailors sue Japan's TEPCO for post-quake radiation exposure

By Kari Huus, NBC News

A group of U.S. Navy personnel involved in the humanitarian effort after Japan's March 2011 earthquake and tsunami have filed a lawsuit against the Tokyo Electric Power Co. for more than $200 million in compensation, punitive damages and future medical costs for exposure to radiation that leaked from the damaged Fukushima Nuclear Power Plant at the time.

The plaintiffs include eight troops serving on the USS Ronald Reagan aircraft carrier — one of whom was pregnant at the time of the alleged exposure — and her daughter.

They charge that the utility, known as TEPCO, "knowingly and negligently caused, permitted and allowed misleading information concerning the true condition of the (plant) to be disseminated to the public, including the U.S. Navy Department," according to the complaint filed on Dec. 21 in a U.S. federal court in San Diego.

The plaintiffs are suffering a variety of symptoms that attorney Paul Garner says were caused by the exposure, including rectal bleeding, thyroid problems and persistent migraine headaches, and all face an increased chance of developing cancer and requiring expensive medical procedures.

The U.S. carrier was positioned just offshore from the damaged Fukushima Nuclear Power Plant, which and suffered a meltdown which triggered the release of high levels of radiation into the air and water.

"The carrier was less than two football fields away from the Fukushima Daiichi when it released a cloud of radiation," said Garner, speaking to NBC News on Thursday.

He said the crew was unknowingly exposed to high levels of radiation in numerous ways, including when they cleared the carrier's decks of snow that was contaminated, and washed down the helicopters with sea water that was contaminated.

The complaint said that by relying on misrepresentations about the situation by TEPCO, the U.S. Navy was "lulled into a false sense of security," believing it was "safe to operate with the waters adjacent to the FNPP, without doing research and testing that would have revealed the problems."

It goes on to charge that through its conduct, TEPCO "rendered the Plaintiffs infirm and poisoned their bodies. The Plaintiffs must now endure a lifetime of radiation poisoning and suffering which could have and should have been avoided."

The suit is seeking $10 million in damages for each plaintiff, plus $30 million in punitive damages and a judgment requiring TEPCO to create $100 million fund to pay for their medical costs, including monitoring and treatments.

TEPCO could not immediately be reached for comment by NBC News.

A TEPCO spokesman reached by The Japan Times said the company had not yet received the complaint.

"We will consider a response after examining the claim," said Yusuke Kunikage, according to the Times.

Since the disaster, TEPCO has operated a fund to compensate victims in Japan.

Garner said that he didn't believe his clients would get justice through the Japanese system, which is why the suit was filed in a U.S. court. The complaint was served to TEPCO's office in Washington, D.C. on Thursday, he said.

"We need the U.S. justice system to make this right," Garner said.
I found the following line most disturbing:
[Attorney] Garner said that he didn't believe his clients would get justice through the Japanese system, which is why the suit was filed in a U.S. court. The complaint was served to TEPCO's office in Washington, D.C. on Thursday, he said.

"We need the U.S. justice system to make this right," Garner said.
Granted, there's a chance the attorney's national pride blinds him to the US justice system's problems, but how bad is corruption in the Japanese courts, anyways? What is TEPCO's likely response?
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Re: US sailors sue Japan's TEPCO

Post by Block »

They absolutely deserve compensation IF what they claim is true, if there was false or misleading information given out by TEPCO then they should have to pay. The amount would depend on the intent I think, if they unknowingly gave out bad information then I think it should just be medical bills and lost wages, although if they're sailors, there are no medical bills or lost wages, so the company should pay the Navy. If they should've known but didn't because of bad practices, then medical bills,etc. plus some sort of fine would be fair. If they knew they were lying and did it to save face, then there should indeed be punitive damages.
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Re: US sailors sue Japan's TEPCO

Post by Alyeska »

TEPCO is fucking corrupt. They knowingly left Fukishima in the condition they did purely to save money. And the Japanese regulatory bodies that were supposed to control TEPCO instead were effectively owned by TEPCO. Japanese energy companies are above regulation in Japan.

Yeah, I want to see this case go forward and have more of TEPCOs dirty laundry aired in public.
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

That's interesting - I would have thought the US Navy of all navies would have been capable of independently making an assessment of the actual radiation danger instead of relying entirely on information from TEPCO?

Also, is the exposure amount and the damage implied here within reason?
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Re: US sailors sue Japan's TEPCO

Post by Zaune »

Put me down for a Yes vote as well, though personally I'd rather see senior TEPCO executives facing criminal charges for whatever the Japanese equivalent of reckless endangerment is. People have been exposed to levels of radiation that will seriously reduce their life-expectancy because the people making the decisions at that company insisted on cutting corners, and then made matters worse by calling in the spin-doctors.
AniThyng wrote:That's interesting - I would have thought the US Navy of all navies would have been capable of independently making an assessment of the actual radiation danger instead of relying entirely on information from TEPCO?

Also, is the exposure amount and the damage implied here within reason?
They probably could, but why would they deploy their own atmospheric-radiation measuring equipment if they had no reason to believe that they had been given false information?
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

Zaune wrote:Put me down for a Yes vote as well, though personally I'd rather see senior TEPCO executives facing criminal charges for whatever the Japanese equivalent of reckless endangerment is. People have been exposed to levels of radiation that will seriously reduce their life-expectancy because the people making the decisions at that company insisted on cutting corners, and then made matters worse by calling in the spin-doctors.
AniThyng wrote:That's interesting - I would have thought the US Navy of all navies would have been capable of independently making an assessment of the actual radiation danger instead of relying entirely on information from TEPCO?

Also, is the exposure amount and the damage implied here within reason?
They probably could, but why would they deploy their own atmospheric-radiation measuring equipment if they had no reason to believe that they had been given false information?
Well for one thing this wasn't just any warship, it was a CVN with its own reactor - should the nuclear engineers on board have been able to consider the possibility that the company was understating the magnitude of the damage and take precautions accordingly? Especially if the carrier was going to close to 2 football fields distance (!) of the plant? I mean even if TEPCO wasn't lying, that's practically spitting distance isn't it?
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

Let's look at what the Navy had to say at the time:

http://www.cbsnews.com/2100-202_162-20042763.html
The aircraft carrier USS Ronald Reagan was about 100 miles offshore when its instruments detected the radiation. The fleet said the dose of radiation was about the same as one month's normal exposure to natural background radiation in the environment, and no one was exposed to levels that would have made them sick, reports CBS News correspondent Celia Hatton.
TEPCO deserves everything they get, but does this lawsuit make sense from a 'effects of nuclear exposure' standpoint?

Come on:
The plaintiffs are suffering a variety of symptoms that attorney Paul Garner says were caused by the exposure, including rectal bleeding, thyroid problems and persistent migraine headaches, and all face an increased chance of developing cancer and requiring expensive medical procedures.
If this is at all true, then it's really another nail in the coffin of nuclear power because do you really want to take a chance on this with anyone anywhere?
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Re: US sailors sue Japan's TEPCO

Post by Grumman »

I voted that I would not think they deserve monetary compensation - not directly from TEPCO, anyway. For two reasons: when the US Navy is operating a nuclear reactor and the crew start being exposed to hazardous radiation levels, I'd expect them to notice, even if the radiation isn't actually coming from their reactor; and as serving US Navy personnel, I would have assumed the crew would forfeit their right to sue a third party for damages suffered in the line of duty.
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

Grumman wrote:I voted that I would not think they deserve monetary compensation - not directly from TEPCO, anyway. For two reasons: when the US Navy is operating a nuclear reactor and the crew start being exposed to hazardous radiation levels, I'd expect them to notice, even if the radiation isn't actually coming from their reactor; and as serving US Navy personnel, I would have assumed the crew would forfeit their right to sue a third party for damages suffered in the line of duty.
They most certainly noticed the radiation.

The more I read about it the more absurd it sounds. 6000 sailors on that ship (and its support vessels?) 100 miles offshore and 8 of them report to have radiation poisoning worthy of the name? If this were how it goes, the effects on the civilian population across the entire region should be legion by now.
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Re: US sailors sue Japan's TEPCO

Post by PeZook »

Two observations:

1) We don't know if these eight are the only ones suffering any symptoms ; They're just the ones who filed the lawsuit, and

2) Radiation doesn't equal radiation doesn't equal radiation. I have no idea what sensors or instruments a CVN has for monitoring the danger from its own reactors (and NBC warfare), but whatever they are they need to come into contact with particular kinds of radiation they are designed to detect.

Of course, yeah, if seawater truly was one of the sources, then I'd wager a CVN should be able to tell because the entire deck would be contaminated by it. Especially if they are operating in support of a nuclear cleanup operation, but since I have no idea how the system is set up, passing judgement is a bit premature.

They DID monitor exposure in some way, as indicated by the US Navy's statement - I'd guess they had the crew wear dosimeters, but IIRC dosimeters can be misleading when there's a danger of ingesting alpha contaminants.

-----------------------------------

On another note, I am ashamed that I defended TEPCO for so long during the crisis, assuming they knew what the hell they were doing.
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

PeZook wrote:Two observations:

1) We don't know if these eight are the only ones suffering any symptoms ; They're just the ones who filed the lawsuit, and

2) Radiation doesn't equal radiation doesn't equal radiation. I have no idea what sensors or instruments a CVN has for monitoring the danger from its own reactors (and NBC warfare), but whatever they are they need to come into contact with particular kinds of radiation they are designed to detect.

Of course, yeah, if seawater truly was one of the sources, then I'd wager a CVN should be able to tell because the entire deck would be contaminated by it. Especially if they are operating in support of a nuclear cleanup operation, but since I have no idea how the system is set up, passing judgement is a bit premature.

They DID monitor exposure in some way, as indicated by the US Navy's statement - I'd guess they had the crew wear dosimeters, but IIRC dosimeters can be misleading when there's a danger of ingesting alpha contaminants.

-----------------------------------

On another note, I am ashamed that I defended TEPCO for so long during the crisis, assuming they knew what the hell they were doing.
Appearently a closer reading of the suit indicates that they are not suffering any symptoms...yet.

Is it plausible that the water used by the ship to hose down would be radioactive enough to actually cause this level of exposure? The statement that the ship came within 2 football fields distance of Fukushima clearly has to be a misstatement, so if the carrier was well out to sea as it should be, how much radioactivity would be there, even if we account for them dumping the water used to flood the reactors right back into the ocean?

And if that is true, just how much radiation damage is fukushima really responsible for in the final accounting? I recall much statements on this board to the effect of how harmless the dosage would be even in the worst case.
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Re: US sailors sue Japan's TEPCO

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There is one reason that is not mentioned why an attorney would always try to get his case heard in a US court - punitive damages. That is the big money maker and does not exist on such a scale outside the US.
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Re: US sailors sue Japan's TEPCO

Post by Nathan F »

What's this about the carrier being two football fields away from the reactor? Unless I'm sorely mistaken, there's no way (or reason) that they would bring a carrier that close to shore unless entering a port facility.
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Re: US sailors sue Japan's TEPCO

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It's certainly bullshit ; Two football fields is well inside the wavebreaker next to the plant - there's no way anybody sane would bring a CVN that close to shore, I'm not even sure the water there is deep enough to accomodate it.
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Re: US sailors sue Japan's TEPCO

Post by Zaune »

How close would they have to be to shore in order to provide emergency electrical power and/or desalinisation for the surrounding area?
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Re: US sailors sue Japan's TEPCO

Post by Nathan F »

Zaune wrote:How close would they have to be to shore in order to provide emergency electrical power and/or desalinisation for the surrounding area?
That's a good question, but I don't think they ever provided such services, and they would not risk the ship to do that unless there were established port facilities large enough to dock the carrier, or at least to have dredged channels that they can be sure are deep enough to admit the ship. Rather, they parked about a hundred miles offshore and used helicopters to ferry supplies and personnel.

I am interested to see the outcome of this though, stupid comments by lawyers not withstanding.
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

Can we talk implications? The carrier surely wasn't unique in being exposed. And my point about 8 out of 6000 is that if we extrapolate that to how many people across the region ultimately were exposed that's surely a lot.

Also the symptoms also sound Considerably exeggerated. There's a lot of things wrong with tepco conduct but that doesn't make this case have merit.
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Re: US sailors sue Japan's TEPCO

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Sounds strange, if radiation levels were so high to affect people onboard a carrier 100 miles offshore then those who were working at the plant site should have been dead by now.
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Re: US sailors sue Japan's TEPCO

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AniThyng wrote:Is it plausible that the water used by the ship to hose down would be radioactive enough to actually cause this level of exposure?
100 miles offshore, we're talking about Homeopathy levels here.

And while Tepco should pay for any medical treatment, and the bosses should never again see the light of day, am I the only one who finds the sum utterly ridiculous? $10 million each, and that excluding any medical treatment? That's more than all these clowns combined will earn during their stay in the Navy - why should they get gold, diamond encrusted beds for following orders that weren't even damaging at all? What's next, Vietnam era veterans suing Vietnam for psychic trauma and wounds taken in combat? And it starts slippery slope - if these 8 can get any money, then potentially one billion people in Pacific area would be eligible, too.

That being said, while last sentence is disturbing, yes, I'd agree with US court being more likely to judge in favour of Americans, while Japanese one would be much more likely to give the case to Japanese.
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Re: US sailors sue Japan's TEPCO

Post by Alyeska »

I don't care if the sailors win. I want TEPCOs dirty laundry aired in court for the world to see.
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Re: US sailors sue Japan's TEPCO

Post by Dr. Trainwreck »

I'm all for fucking TEPCO over, but I'm 99% sure that this suit is a clowncar and the lawyer a hotshot looking to make a name for himself. If these guys truly deserve compensation, then certainly there are tens of millions of people ahead of them in the deserve department.

That being said, I think the Japanese court would say "well they're our corporate whores while you're foreigners, so fuck off" regardless of whether the suit had merit or not, so the plaintiffs are understandable in trying this in the US.
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

Alyeska wrote:I don't care if the sailors win. I want TEPCOs dirty laundry aired in court for the world to see.
In the court of public opinion this seems more like validating further nuclear scaremongering, especially if we accept the suit has merit and the sailors are suffering radiation sickness.
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Re: US sailors sue Japan's TEPCO

Post by Alyeska »

AniThyng wrote:
Alyeska wrote:I don't care if the sailors win. I want TEPCOs dirty laundry aired in court for the world to see.
In the court of public opinion this seems more like validating further nuclear scaremongering, especially if we accept the suit has merit and the sailors are suffering radiation sickness.
TEPCO needs to be punished for making nuclear power look bad.
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Re: US sailors sue Japan's TEPCO

Post by AniThyng »

Alyeska wrote:
AniThyng wrote:
Alyeska wrote:I don't care if the sailors win. I want TEPCOs dirty laundry aired in court for the world to see.
In the court of public opinion this seems more like validating further nuclear scaremongering, especially if we accept the suit has merit and the sailors are suffering radiation sickness.
TEPCO needs to be punished for making nuclear power look bad.
And you feel that a ridiculous lawsuit using baseless claims will acomplish this? If the level of exposure the Navy claims results in the sickness the lawsuit claims, I doubt anyone would care if you had the best run nuclear plants in the world because the risks are so onerous.

I mean their lawyer has already made one public statement that is patently nonsense. Hmm. Then again I suppose the fact that TEPCO will be forced to again downplay the effects of radiation while admitting to lying about the state of the plant might be win win.
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Re: US sailors sue Japan's TEPCO

Post by Block »

You're assuming it's a ridiculous lawsuit, based on a single statement from the lawyer. Please show how it is based on the evidence.
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