Eastern Oregon and Washington Downwinders Win Battle for Injury Compensation
The Associated Press reported recently that the United State Supreme Court has denied an appeal from contractors who worked at the Hanford Reservation, possibly opening up claims on behalf of Eastern Washington and Oregon residents exposed to radiation decades ago.
According to the article, several companies served as government contractors during the Cold War and the Manhattan Project. The contractors released radiation during the 1940's, but no public disclosure was made until 1986. Since then, "downwinders" have been fighting in the courts for compensation related to thyroid cancer and other health problems from the radiation.
The government contractors argued that because they were working on a government project, they are "immune" from any liability, but the arguments were rejected. There are several cases pending in Spokane, and some of the lawyers involved hope that the federal government may step in to offer compensation with a new administration coming into Washington D.C.
Government "immunity" is not a new argument. State and Federal governments have long enjoyed "sovereign immunity," which prohibits suits against the government. However, the federal government, through legislation, has given citizens limited permission to file suit against the government. There are exceptions, and limitations, but suits are possible.
Sometimes, a government contractor will argue that because it was performing some sort of governmental function, it should be treated like the government, and enjoy the same protections. This is an interesting area of the law for some lawyers because governments, both state and federal, are contracting out a lot of their jobs.
Expect some developments on this case in the next year or so.
