9 Mars 2018
Injustice at sea
American sailors on the USS Ronald Reagan were exposed to radiation from Fukushima. Many are sick. Some have died. Why can’t they get justice?
By Linda Pentz Gunter
“Coverage of the USS Ronald Reagan has been astoundingly limited,” wrote Der Spiegel in a February 2015 story. Since then, nothing much has changed.
The German magazine was referring to the saga of the American Nimitz-class nuclear-powered aircraft carrier whose crew pitched in to help victims of the March 11, 2011 Tsunami and earthquake in Japan, then found themselves under the radioactive plume from the stricken coastal nuclear reactors at Fukushima. Since then, crew members in eye-popping numbers have come down with unexplained illnesses — more than 70 and still counting. Some have died. And many are suing.
The USS Reagan was part of Operation Tomodachi, a U.S. armed forces mission involving 24,000 U.S. service members, and numerous ships and aircraft bringing aid to the victims of the tsunami and earthquake.
Sailors wash down the decks of the radioactively contaminated USS Ronald Reagan. (US Navy)
On January 5, 2018, a federal judge in San Diego, CA, dismissed the latest version of a class action lawsuit brought by USS Reagan sailors and US Marines. This was just the latest milestone in a long and winding path to justice strewn with roadblocks and delays.
The original class action lawsuit — Cooper et al v. Tokyo Electric Power Company, Inc., was filed in San Diego, the home port of the USS Reagan, on December 21, 2012. A second class action suit — Bartel et al v. Tokyo Electric Power Company, Inc. et al — was subsequently filed on August 18, 2017 and was the case dismissed in January.
The plaintiffs are represented by California attorneys Charles Bonner and Paul Garner, and by Edwards Kirby, the North Carolina firm led by former U.S. Senator, John Edwards.
Cooper now has 236 named plaintiffs and Bartel 157. But, wrote attorney Cate Edwards of Edwards Kirby and daughter of John Edwards, in an email,
“We have about 34 additional plaintiffs who have contacted us since the filing of the Bartel complaint, and that number continues to grow on a weekly basis.” As a class action the suit also “encompasses additional, unnamed class members— up to 70,000 American servicemen and women who served in Operation Tomodachi and may have been exposed to the radiation from Fukushima,” Edwards wrote.
Sadly those numbers sometimes also decline. Nine of the plaintiffs have already died. It is unknown how many others who took part in Operation Tomodachi, but did not join the suit, may also have died.
The Bartel plaintiffs are requesting an award of $5 billion to compensate them for injuries, losses and future expenses associated with their exposure to radiation, as a result of what they allege is TEPCO & GE’s negligence. The Cooper plaintiffs have asked for an award of $1 billion.
Bartel is an extension of Cooper, with different plaintiffs but virtually identical facts and claims. It had to be filed separately, explained Edwards, because at the time more sailors came forward, the Cooper suit was stuck in appeal. Eventually, Edwards said, the lawyers hope to consolidate the two suits “for litigation on the merits.”
But almost seven years after the Fukushima disaster, those merits are yet to be heard, with the case mired in legal wrangling and delays brought by the defendants — TEPCO, along with General Electric, EBASCO, Toshiba and Hitachi, the builders and suppliers of the Fukushima nuclear reactors.
One such delay occurred when TEPCO and the Japanese government tried to force the case to be heard in Japan. But on June 22, 2017, the attorneys won in the US Court of Appeals for the Ninth Circuit and ensured the case would be heard in the U.S.
The plaintiffs charge that TEPCO lied to the public and the U.S. Navy about the radiation levels at the Fukushima-Daiichi nuclear power plant at the time the Japanese government was asking for help for victims of the earthquake and Tsunami. By doing so, TEPCO deliberately allowed those involved in Operation Tomodachi to sail into harm’s way and become exposed to the radiation spewing from the stricken reactors on the battered Japanese coast.
A floating pariah
Whether or not U.S. military commanders knew of the radiation risks once the readings were in, is moot legally. The plaintiffs are barred from suing the U.S. Navy because of the Feres Doctrine, dating from the 1950s, and which prohibits any member of the military from recovering damages from the government for injuries sustained during active military service.
The USS Ronald Reagan arrived off the Japan coast before dawn on March 12, 2011 with a crew of 4,500. It had been on its way to South Korea but returned to join Operation Tomodachi.
But what actually happened to the Reagan after that is still clouded in confusion, or possibly cover-up. After it got doused in the radioactive plume, then drew in radioactively contaminated water through its desalination system — which the crew used for drinking, cooking and bathing — it turned into a pariah ship, just two and a half months into its aid mission.
Floating at sea, the USS Reagan was turned away by Japan, South Korea and Guam. For two and a half months it was the radioactive MS St. Louis, not welcome in any port until Thailand finally took the ship into harbor.
There is no disagreement that the radioactive plume from Fukushima — which largely blew out to sea rather onto land — passed over the Reagan. Radiation meters on board confirmed this. But the levels of exposure are disputed, as is how close the ship came to shore and the melting Fukushima reactors and how often it strayed into — or stayed within — the plume.
But some crew members dispute that, saying they were at times just two miles away from shore. In an interview with journalist Roger Witherspoon for his article in Truthout, Navy Quartermaster, Maurice Ennis described a “cat and mouse” game played by the ship to try to stay out of the plume.
“We stayed about 80 days, and we would stay as close as two miles offshore and then sail away,” he told Witherspoon. “We kept coming back because it was a matter of helping the people of Japan who needed help. But it would put us in a different dangerous area.”
How close the ship came to the Fukushima reactors specifically, as opposed to the Japanese shoreline, is also a matter of dispute. Until the plaintiffs’ lawyers can issue subpoenas, hopefully getting a look at the ship’s logs, it is an important question that remains unanswered.
Petty Officer 3rd Class Daniel Hair told Stars and Stripes that he was informed the Reagan came within “five to 10 miles off the coast from Fukushima.” Stars and Stripes also reported that “many sailors have disputed the Navy’s accounting, saying they were so close that they could see the plant.”
Ship’s personnel who flew missions to mainland Japan to aid the earthquake and Tsunami victims also risked exposure to the radiation from Fukushima. Their aircraft, like the ship’s decks, had to be decontaminated upon return. In fact, a total of 25 US ships involved in Operation Tomodachi were found to be contaminated with radiation.
In the June 22, 2017 opinion allowing the class action lawsuits to be heard in the U.S., Judge Jay S. Bybee observed of the anomaly about the ship’s location that:
“TEPCO makes much of Plaintiffs’ allegations that the U.S.S. Ronald Reagan was initially positioned “two miles off the coast,” while the Navy had been warned to stay at least “50 miles outside of the radius. . . of the [FNPP].” Appellant’s Opening Brief 7. The SAC [Second Amended Complaint of plaintiffs] alleges, however, that the U.S.S. Ronald Reagan was situated so as to provide relief in the city of Sendai, which is located over fifty miles north of the FNPP. Thus, it is possible that the U.S.S. Ronald Reagan was at once two miles off the coast and fifty miles away from the FNPP. Although other portions of the SAC suggest that the U.S.S. Ronald Reagan was closer to the FNPP, where the U.S.S. Ronald Reagan was situated is unclear from the record before us, and further factual development is necessary to resolve this issue.”
No worse than flying or eating a banana
At first, any concerns about radiation exposure were dismissed by military brass. Sailors were told the exposures were no worse than flying or eating a banana, according to Naval officer Angel Torres, one of the plaintiffs.
What they didn’t disclose was the very significant difference between eating a banana — during which the body ingests but also excretes identical amounts of radioactive potassium-40 to maintain a healthy balance — and exposure to nuclear accident fallout.
Fukushima was leaking cesium, tritium and strontium as well as radioactive iodine which attacks the thyroid. For example, cesium, can bind to muscle, or strontium to bone, irradiating the person from within. This is a very different effect than the brief visit cosmic radiation pays to the body when we fly in an airplane.
There was also, according to former Department of Energy official, Robert Alvarez, now a senior scholar at the Institute for Policy Studies, a problem with the dose methodology.
Alvarez told Who.What.Why that “the only way to get an accurate internal and external dose on any individual is to take continual measurements throughout the time they are exposed.
People must wear special monitoring equipment and undergo a regular regime of monitoring. This is especially important in trying to assess the health effects from a multiple meltdown situation with large explosions involving reactor cores, as occurred at Fukushima.”
Who.What.Why was created by long-time journalist, Russ Baker because, as he writes on the site, “the media gatekeepers, both ‘mainstream’ and ‘alternative,’ will not allow the biggest, most disturbing revelations to see the light of day.”
That is precisely the fate that appears to have befallen the undeniably disturbing USS Reagan story.
It has been touched on hardly at all by the mainstream media in the US although Jake Tapper delivered a 7-minute piece about it in February 2014 on CNN. Local television news stations have carried reports when a sailor from their area joined the law suit but rarely covered the bigger picture. An article in the New York Times two days into the disaster, chose to downplay and dismiss radiation concerns.
Aside from the legal trade publication, Courthouse News, most of the consistent coverage in the US has come, unsurprisingly, from the independent media. These include Counterpunch, Thom Hartmann’s The Big Picture on RT (now off the air), Mother Jones and a second piece in Truthout in addition to the Witherspoon article, and the work of anti-nuclear activist reporters, Harvey Wasserman’s Free Press and Libbe HalLevy’s Nuclear Hotseat podcast.
Epidemic of illnesses among sailors too strange to be a coincidence
The delay in getting accurate information, then having to contend with disinformation and official downplaying of the severity of the exposures has cost many of the sailors dearly. Treatment by specialists has often had to come out of their own pockets. Many cannot afford it. Some have paid with their lives.
The sicknesses range from the leukemias and cancers most often associated with radiation exposures, to immune system diseases, headaches, difficulty concentrating, thyroid problems, bloody noses, rectal and gynecological bleeding, weakness in sides of the body accompanied by the shrinking of muscle mass, memory loss, testicular cancer, problems with vision, high-pitch ringing in the ears and anxiety.
Attorney Edwards sees the epidemic of illnesses among the Reagan crew as just too pronounced to be unconnected to Fukushima-related radiation exposure.
“Why are all these young, healthy, fit people getting cancer? Experiencing thyroid issues? It’s too strange to be a coincidence,” she told Courthouse News.
“That just doesn’t happen absent some external cause,” Edwards added. “All of these people experienced the same thing and were exposed to radiation at Fukushima. A lot of this is just common sense.”
Common sense, of course, does not usually prevail in such cases. There are far more powerful forces at work. And, as always, the burden of proof falls upon the victims, not the most likely perpetrator.
The case is dismissed but the lawyers aren’t quitting
In her January 5, 2018 ruling in San Diego, federal judge Janis Sammartino sided with the defendant’s request for dismissal, stating that the plaintiffs had failed to establish that TEPCO’s actions were directed at California — a technicality. The judge also wrote that the plaintiffs “have provided no information to support an assertion that Tepco knew its actions would cause harm likely to be suffered in California.”
However, lawyers in the case plan to press on. “The Bartel case was dismissed without prejudice, which means that we are able to refile those claims,” Edward said in her email. “We plan to refile those claims in the coming weeks, and are still working on determining the best course for doing so.”
She told Courthouse News, that the team intends to “continue to fight for the justice these sailors deserve. We will also be moving forward with the Cooper case in due course, and look forward to reaching the merits in that case.”
Meanwhile, the sailors in the lawsuit still struggle to get either justice or media attention. Official sources who could shed more light on what actually happened, aren’t talking, including the ship’s captain, Thom Burke, who has never spoken out.
Lead plaintiff, Lindsay Cooper, has been told by Veterans Administration officials that her symptoms are likely due to “stress” and has denied her claim for disability based on radiation exposure, claiming there is not enough proof. Yet Cooper suffers from continuous menstrual cycles, and a yo-yoing thyroid that results in massive weight gain and then weight loss every few months. Her gallbladder was removed because it ceased to function.
When another plaintiff, Master Chief Petty Office Leticia Morales, had her thyroid taken out, she learned her doctor had already removed thyroid glands from six other sailors on the Reagan.
As lawyer Garner put it: “These kids were first responders. They went in happily doing a humanitarian mission, and they came out cooked.”
This article also appeared on Counterpunch, on March 7, 2018.