In growing lawsuit, servicemembers fault TEPCO for radiation-related illnesses
Daniel
Hair, seen prior to his separation from the Navy with his son, says he
began experiencing medical problems five months after participating in
Japan's earthquake relief efforts. He has joined 50 other sailors and
Marines who are suing the Tokyo Electric Power Co., for allegedly lying
to the U.S. military about the dangers its troops faced in the days
following the March 2011 earthquake and subsequent nuclear disaster in
Fukushima.
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Mike
Sebourn — seen here in a Tyvek suit during operation Tomodachi — is one
of 50 sick sailors and Marines who are suing the Japanese utility TEPCO
for allegedly lying to the U.S. military about the dangers they faced,
thus lulling them into complacency as radiation spewed from the damaged
Fukushima Dai-ichi nuclear plant shortly after the earthquake and
tsunami in 2011.
SASEBO NAVAL BASE, Japan — Five months after participating in
humanitarian operations for the March 11, 2011, earthquake and tsunami
that led to nuclear disaster in Japan, Petty Officer 3rd Class Daniel
Hair’s body began to betray him.
He had sharp hip pains, constant scabbing in his nose, back pain,
memory loss, severe anxiety and a constant high-pitch ringing in his
ears as his immune system began to attack his body. The diagnosis, he
said, was a genetic immune system disease, which on X-rays looked to
have made his hip joint jagged and his spine arthritic. He was put on a
host of medications and eventually separated from the Navy job he loved.
Hair believes radiation is the cause. He is among 50 sailors and
Marines in a growing lawsuit against Tokyo Electric Power Co., alleging
that Japan’s nationalized utility mishandled the meltdown at the
Fukushima Dai-ichi nuclear plant that spewed radiation into the air and
water.
Other servicemembers have been diagnosed with leukemia, testicular
cancer and thyroid problems or experienced rectal and gynecological
bleeding, the lawsuit says. Hair said one of his friends, a fellow USS
Ronald Reagan shipmate, was diagnosed with a brain tumor.
“I live in pain every day,” Hair said. “I went from this guy in top
physical condition to a deteriorating body and a whacked-out mindset.”
Hair said there is no history of the genetic disease in his family and
that doctors have told him radiation exposure could have triggered it.
The Defense Department and other organizations have said the radiation levels that troops were exposed to during Operation Tomodachi
were safe, implying that any cancers or physical ailments since then
are coincidental. Nearly half of all men and one-third of all women in
the U.S. will develop cancer during their lifetimes, according to the
American Cancer Society.
“The U.S. Navy took proactive measures throughout and following the
disaster relief efforts to control, reduce and mitigate the levels of
Fukushima-related contamination on U.S. Navy ships and aircraft,”
Pacific Fleet spokesman Lt. Anthony Falvo wrote in a statement to Stars
and Stripes.
“To provide a radiological dose perspective, when USS Ronald Reagan
sailed through a plume of radioactivity from the Fukushima nuclear power
plant during disaster relief operations, the maximum potential
radiation dose received by any ship’s force personnel ... was less than
the radiation exposure received from about one month of exposure to
natural background radiation from sources such as rocks, soil, and the
sun.”
Independent reports back up the Defense Department’s statement, but the
suit continues to grow. An additional 150 servicemembers are being
screened to join, plaintiffs’ lawyer Paul Garner said last month. Each
servicemember participating will have to prove in court that his or her
conditions are related to the exposure, something Garner says he is
confident they can do.
The plaintiffs allege that TEPCO lied about the risk of exposure,
luring American forces closer to the affected areas and lulling others
at bases across Japan to disregard safety measures. They are seeking at
least $40 million each in compensatory and punitive damages and more
than $1 billion for a fund to cover health monitoring and medical
expenses.
They will be in federal court in San Diego on Oct. 3 to fight a TEPCO
motion for a change of venue to Tokyo and a motion to dismiss, Garner
said.
Most of the plaintiffs contacted by Stars and Stripes did not return
messages. Several said they were being threatened and harassed through
anonymous phone calls and social media for bringing the suit and
declined to comment. The plaintiffs have been accused of being
fortune-seekers by their peers and for allegedly sullying the
operation’s goodwill.
The sailors who spoke out see it differently. Hair, who lost his Navy
career as a result of his medical status, said he wanted to see some
humility and compassion from TEPCO, which declined to comment on the
suit.
“Yeah, there is money involved, but how else is that company going to
pay for what they’ve done to people?” Hair said. “Who knows what health
problems we’ll have down the road?”
Into the frayWhen the earthquake struck, Hair and his Reagan shipmates were en route to Korea. They immediately turned around and steamed to the affected area.
“There were people in distress,” he said. “This is what we signed up for.”
The Reagan passed through debris as far as the eye could see: wood,
refrigerators, car tires, roofs of houses with people riding on them.
Hair was told they were five to 10 miles off the coast from Fukushima,
which had been damaged by a massive tsunami spawned by the quake.
Sailors were drinking desalinated seawater and bathing in it until the
ship’s leadership came over the public address system and told them to
stop because it was contaminated, Hair said. They were told the
ventilation system was contaminated, and he claims he was pressured into
signing a form that said he had been given an iodine pill even though
none had been provided. As a low-ranking sailor, he believed he had no
choice.
The Navy has acknowledged that the Reagan passed through a plume of
radiation but declined to comment on the details in Hair’s story.
And while many of the plaintiffs came from the Reagan, some of the
sailors and Marines involved in the suit were much farther away — adding
to skepticism about the motives behind the suit and reigniting a
decades-long debate over the effects of low-level radiation.
Shortly after the disaster, Senior Chief Mike Sebourn was sent from his
home base, Naval Air Facility Atsugi, to Misawa Air Base, 200 miles
from the faltering power plant. As a designated radiation
decontamination officer, he dealt with aircraft and personnel that had
flown into the area.
Sebourn, with only two days of training, was tasked with testing seven
points on an aircraft’s skin for radiation. He and others crawled all
over the crafts for months, he said, with only gloves for protection. At
one point, he said, they took the radiator out of one aircraft and
tested it. The radiation was four times greater than what should have
required them to wear a suit and respirator, he said.
The level of radiation “was incredibly dangerous,” Sebourn said. “Navy
aviation had never dealt with radiation before. Nobody knew what to do.
Nobody knew what was safe. It was a nightmare.”
Sebourn said he suffered nose bleeds, headaches and nausea in the
immediate aftermath — symptoms consistent with radiation poisoning.
Months later, he felt weak in his right arm; excruciating pain followed.
He said the command fitness leader in charge of physical training at
Atsugi watched as his arm atrophied to about half its size.
“I have issues that can’t be explained,” Sebourn said. “It just seems like I am deteriorating.”
Sebourn said he went to doctors more than a dozen times, but no one
knew what had caused the former personal trainer to lose 70 percent of
the strength in the right side of his body. He retired after 17 years in
Japan.
Sebourn is alarmed that the word “radiation” doesn’t appear anywhere in
his service record, even though that was his job and he was exposed to
it. He believed troops exposed would be red-flagged in their service
records and be tracked for medical problems.
The Defense Department created the Operation Tomodachi Registry to show
radiation dose estimates based on shore locations — and to list more
than 70,000 DOD-affiliated people in the area March 12-May 11, 2011 and
their individual exposure levels. More than two years after the
disaster, the registry remains incomplete.
They hope to release the data for ship-based personnel this month,
Craig Postlewaite, director for Defense Department Force Readiness and
Health Assurance, wrote in a statement to Stars and Stripes.
Limited informationThe scientific community is divided on the effects of low-level radiation.
A World Health Organization report released earlier this year said
those located outside the most affected areas have little increased risk
for cancers or thyroid problems and those within the areas have only a
slight increase of risk. However, the report states that the assessment
could change over time, because not enough is known about low-level
radiation.
“Because scientific understanding of radiation effects, particularly at
low doses, may increase in the future, it is possible that further
investigation may change our understanding of the risks of this
radiation accident,” the report said.
Shinzo Kimura, a professor at Dokkyo Medical University in Japan, had
been collecting radiation contamination data and studying the radiation
exposure risks from Chernobyl. He was the first scientist on the ground
in Fukushima after the disaster, and he said he was compelled to take
readings because he didn’t trust Japan’s government.
“My heart breaks greatly that those servicemembers, who worked for
Japan during Operation Tomodachi, suffered radiation exposure,” he said.
Even though some say low-level radiation exposure is harmless, Kimura
said some studies have suggested that low-dosage radiation exposure
could increase the risk of cancers. However, the risk depends on the
amount of radiation that person was exposed to, and with little accurate
data, he believes the servicemembers’ case may be hard to prove.
Kimura said the levels were so high around the plant that his dosimeter
was unable to measure the radiation — the level was off his device’s
scale.
He said the winds were blowing out toward ships off the coast in the days after the disaster.
In addition to Kimura’s claims, a Japanese government study released in
February found that more than 25 times as many people in the area have
developed thyroid cancer compared with data from before the disaster.
Kimura said the effects of ingesting radiation-contaminated water aren’t known.
“There are many things that are unknown about how internal exposure
effects human body,” Kimura said. “So, the effects [it could have] can’t
be completely denied.”
The U.S. military has refused requests from Stars and Stripes for
detailed information about the types of toxins and the levels that
personnel were exposed to during Operation Tomodachi. U.S. Forces Japan
has said samples collected from areas where troops deployed near Sendai
were analyzed for hundreds of environmental contaminants, but they have
not released information about how many samples were taken in the
disaster zone or how many sites were surveyed.
Toxic chemicals, such as asbestos, were cited as a concern by health
organizations during the clean-up effort. In April 2011, The Associated
Press reported that activists found asbestos — a cancer-causing, fibrous
material — in the air and in debris from the devastated northeastern
coast. At that time, Japan’s Health Ministry said it was issuing
pamphlets outlining safety guidelines and distributing 90,000 masks in
the hardest-hit prefectures in an effort to reduce the risks, the AP
reported.
Other cases set precedentThere is precedent in Japan for making TEPCO pay damages. In May, the Nuclear Damage Claim Dispute Resolution Center, a government-run alternative dispute resolution entity, presented an initial compromise offer — siding with about 180 residents of Ilidate village, in Fukushima prefecture’s Nagadoro district — that TEPCO pay about $5,000 to each person and $10,000 for each pregnant woman and child for mental distress from radiation exposure, said the residents’ lawyer, Yosuke Yamamoto. They have also demanded compensation for household goods and utilities.
The center suggested anyone in the area for at least two days after
March 15 should be compensated, Yamamoto said. There is no timeline for a
final ruling. The center will hear individual cases on both sides and
make a final proposal.
The servicemember plaintiffs say they don’t blame the U.S. military for
what has happened to them. They believe it acted in good faith and did
the best it could with the information it was given at the time.
However, they are happy to take on TEPCO — and to face the ire that has
come to so many.
“I wish they could see what they’ve cost me by not making us aware of
what we were getting into,” Hair said. “I could be dying at 40 years
old.”
Stars and Stripes reporters Hana Kusumoto and Seth Robson contributed to this report.
burke.matt@stripes.com
burke.matt@stripes.com
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