CLAIMS OF RADIATION INJURY FAILED DUE TO LACK OF CAUSATION

摘要

Claims of radiation injuries to residents of a Colorado town which had been the site of a uranium and vanadium milling facility failed for lack of evidence of factual causation and their medical monitoring claims failed for lack of evidence of bodily injury as required by the Price-Anderson Act, which governs claims arising from nuclear incidents. Affirming a district court decision, the 10th Circuit Court of Appeals found that cancer and thyroid disease, the illnesses reported by the residents, can have multiple causes. The residents did not show that the milling operation was a substantial factor that contributed to their illnesses, as required by tort law. Finally, under the Price-Anderson Act, the asymtomatic DNA damage and cell death suffered by some of (he residents as a result of exposure to radiation did not constitute, per se, bodily injury.