Hiroshima High Court rules in favor of five, rejects six cases in second trial involving A-bomb disease certification
Jun. 23, 2020
by Teru Matsumoto, Staff Writer
On June 22, a decision on an appealed verdict was delivered by the Hiroshima High Court involving a lawsuit filed by 11 A-bomb survivors whose claims had been rejected by a lower court. At the original trial, the survivors claimed it was unjust for the national government to reject their applications for A-bomb disease certification, based on the justification that their myocardial infarction and hypothyroidism were caused by radiation from the atomic bombing. Presiding judge Masayuki Miki of the Hiroshima High Court ruled in favor of five of the plaintiffs, determining that they suffered from A-bomb diseases, but rejected the claims of the other six, thereby upholding the initial ruling handed down by the Hiroshima District Court.
At the center of the lawsuit was whether the illnesses were induced by the A-bomb’s radiation and whether the medical conditions “require medical treatment.” Judge Miki pointed out that five of the plaintiffs had been between one and 13 years old at the time of the atomic bombing, ages at which they were “highly susceptible to radiation because of their youth.” He added, “A reasonable conclusion is that their diseases were brought about because they were exposed to radiation,” drawing a connection between the A-bomb radiation and the illnesses. The judge also recognized that the plaintiffs’ conditions required continued medical treatment. He ruled that the hypothyroidism suffered by the four survivors and the myocardial infarction experienced by the other plaintiff were induced by radiation.
Judge Miki rejected the appeals of the other six survivors, however. “It is questionable whether or not they were exposed to amounts of radiation that would have caused the onset of their diseases,” he said. “A rational denial that their diseases were linked to lifestyle, such as smoking, could not be made.”
The 11 male and female plaintiffs in their 70s to 90s reside in the cities of Hiroshima and Hatsukaichi. According to the petition of appeal and other court documents, they were exposed to A-bomb radiation in an area 1.2–4.1 kilometers from the hypocenter on August 6, 1945, or entered that area shortly thereafter. After developing among seven designated A-bomb diseases such as myocardial infarction and hypothyroidism, the plaintiffs requested between 2005 and 2014 that the national government grant them recognition as A-bomb disease sufferers. Because their cases were rejected, starting in 2010 they filed a series of lawsuits. In 2017, a district court handed down a decision that rejected the arguments of all the plaintiffs.
After the appeals court ruling was handed down on June 22, Takeya Sasaki, the lead attorney for the plaintiffs, said, “The administration should take this ruling as motivation to shift its policy toward granting more consideration to A-bomb survivors.” He added that he would consider making a final appeal for the six survivors whose court petitions were rejected. The Ministry of Health, Labour and Welfare indicated, “We will look closely into the ruling and discuss with relevant government offices what action we should take in the future.”
Keywords
A-bomb disease certification system
A-bomb survivors receive a special monthly allowance of around 140,000 yen from the national government if certified to be suffering from an illness caused by radiation exposure from the atomic bombings that is deemed to require medical treatment. This system was established in 1957. After many survivors’ requests were turned down, a series of class-action lawsuits were filed related to the certification of A-bomb diseases. As a result, the Japanese government relaxed its certification requirements in 2008. Based on certain conditions such as distance from the hypocenter, new certification standards were introduced, under which the government was to promptly certify people suffering from five specified diseases such as cancer and leukemia. In 2009, hypothyroidism and one other disease were added to the list of specified diseases. The standards were revised at the end of 2013 to also certify promptly those who were exposed to radiation within two kilometers from the hypocenter and suffered from hypothyroidism or myocardial infarction.
(Originally published on June 23, 2020)
On June 22, a decision on an appealed verdict was delivered by the Hiroshima High Court involving a lawsuit filed by 11 A-bomb survivors whose claims had been rejected by a lower court. At the original trial, the survivors claimed it was unjust for the national government to reject their applications for A-bomb disease certification, based on the justification that their myocardial infarction and hypothyroidism were caused by radiation from the atomic bombing. Presiding judge Masayuki Miki of the Hiroshima High Court ruled in favor of five of the plaintiffs, determining that they suffered from A-bomb diseases, but rejected the claims of the other six, thereby upholding the initial ruling handed down by the Hiroshima District Court.
At the center of the lawsuit was whether the illnesses were induced by the A-bomb’s radiation and whether the medical conditions “require medical treatment.” Judge Miki pointed out that five of the plaintiffs had been between one and 13 years old at the time of the atomic bombing, ages at which they were “highly susceptible to radiation because of their youth.” He added, “A reasonable conclusion is that their diseases were brought about because they were exposed to radiation,” drawing a connection between the A-bomb radiation and the illnesses. The judge also recognized that the plaintiffs’ conditions required continued medical treatment. He ruled that the hypothyroidism suffered by the four survivors and the myocardial infarction experienced by the other plaintiff were induced by radiation.
Judge Miki rejected the appeals of the other six survivors, however. “It is questionable whether or not they were exposed to amounts of radiation that would have caused the onset of their diseases,” he said. “A rational denial that their diseases were linked to lifestyle, such as smoking, could not be made.”
The 11 male and female plaintiffs in their 70s to 90s reside in the cities of Hiroshima and Hatsukaichi. According to the petition of appeal and other court documents, they were exposed to A-bomb radiation in an area 1.2–4.1 kilometers from the hypocenter on August 6, 1945, or entered that area shortly thereafter. After developing among seven designated A-bomb diseases such as myocardial infarction and hypothyroidism, the plaintiffs requested between 2005 and 2014 that the national government grant them recognition as A-bomb disease sufferers. Because their cases were rejected, starting in 2010 they filed a series of lawsuits. In 2017, a district court handed down a decision that rejected the arguments of all the plaintiffs.
After the appeals court ruling was handed down on June 22, Takeya Sasaki, the lead attorney for the plaintiffs, said, “The administration should take this ruling as motivation to shift its policy toward granting more consideration to A-bomb survivors.” He added that he would consider making a final appeal for the six survivors whose court petitions were rejected. The Ministry of Health, Labour and Welfare indicated, “We will look closely into the ruling and discuss with relevant government offices what action we should take in the future.”
Keywords
A-bomb disease certification system
A-bomb survivors receive a special monthly allowance of around 140,000 yen from the national government if certified to be suffering from an illness caused by radiation exposure from the atomic bombings that is deemed to require medical treatment. This system was established in 1957. After many survivors’ requests were turned down, a series of class-action lawsuits were filed related to the certification of A-bomb diseases. As a result, the Japanese government relaxed its certification requirements in 2008. Based on certain conditions such as distance from the hypocenter, new certification standards were introduced, under which the government was to promptly certify people suffering from five specified diseases such as cancer and leukemia. In 2009, hypothyroidism and one other disease were added to the list of specified diseases. The standards were revised at the end of 2013 to also certify promptly those who were exposed to radiation within two kilometers from the hypocenter and suffered from hypothyroidism or myocardial infarction.
(Originally published on June 23, 2020)
