Saturday, March 10, 2018

7 Years on, Sailors Exposed to Fukushima Radiation Seek Their Day in Court



Special investigation: US military personnel are sick and dying, and want the nuclear plant’s designers and owners to take responsibility.

But General Electric and Tokyo Electric Power contend that these US citizens, from the US armed forces, who served on US ships, should seek their legal remedies in Japanese courts. “We believe these claims can and should be addressed under Japan’s nuclear compensation law, which provides relief for persons impacted by these events,” said GE in its e-mailed statement. (TEPCO did not respond specifically to a question about venue.)

The plaintiffs’ lawyers dismiss this idea. “It’s the difference between winning and losing,” John Edwards told me. “If the case ends up in Japan, it just goes away.”

The Edwardses and Bonner paint a picture of a Japanese legal system that is slanted in favor of industry. “You don’t get a jury trial in Japan,” said Bonner. “You don’t get punitive damages. Plaintiffs have to pay exorbitant fees to have their cases tried before politically involved judges,” and are not allowed to seek recovery of court costs, he said.

John Edwards added that Japan rarely awards damages for pain and suffering, loss of life, or the effects on a family. “They have an established compensation system,” he said, “they have never paid a dime for personal injury—it’s all for property damage.”

Indeed, while there were rulings in Japan’s courts last year against TEPCO and in favor of Japanese citizens, the awards were notably small (averaging $5,400 per person in one case, $1,500 in another), and were meant as compensation for residents of towns surrounding the nuclear plant who had to relocate. In a separate case in February, a Japanese court ordered TEPCO to pay $142,000 to the family of a 102-year-old man who killed himself after being told he’d have to leave his home inside the Fukushima radiation zone. TEPCO is still considering whether it will appeal.

https://www.thenation.com/article/seven-years-on-sailors-exposed-to-fukushima-radiation-seek-their-day-in-court/

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