By Karl Grossman

A class action lawsuit—begun 20 years ago—that charges Brookhaven National Laboratory (BNL) with contaminating neighborhoods adjacent to it will be moving ahead again in New York State Supreme Court this month.

Court action is scheduled for the last week in February. Since it was first brought in 1996, the lawsuit has gone back and forth between the State Supreme Court and the Appellate Division several times, as BNL has fought it.

In July the Appellate Division—the judicial panel over the Supreme Court in New York State —ruled the case can move towards trial. It declared that “the causes of action of the proposed intervenors are all based upon common theories of liability.” In other words, it stated that the plaintiffs could sue for damages.

But, outrageously, the radioactive contamination caused by BNL—documented in the 2008 book “Welcome to Shirley: A Memoir from an Atomic Town” and focused upon by the award-winning 2012 documentary “The Atomic States of America”—can no longer be part of the case.

The argument of lawyers for BNL lawyers was accepted by the Appellate Division which, as it put it in its July decision, ruled that “the nuclear radiation emitted by BNL did not exceed guidelines promulgated by the federal Nuclear Regulatory Commission.”

Further, the BNL radioactive pollution will not be allowed to be considered despite the federal government in recent years paying out millions of dollars to BNL employees in compensation for their getting cancer after exposure to radioactivity at BNL. In addition, families of those BNL workers who died from cancer after exposure to radioactivity have been paid.

The pay-outs to former workers and their families for cancer from BNL radioactive exposure—what neighbors of the lab are now being barred from litigating about—come under the federal government’s “Energy Employees Occupational Illness Compensation Program.”

Instead, the non-employee victims are now being limited in the class action lawsuit to suing for other BNL pollution, largely chemical.

The “Energy Employees Occupational Illness Compensation Program” covers not only BNL but the string of U.S. national nuclear laboratories including Los Alamos, Livermore, Oak Ridge labs, as well as federal nuclear facilities including its Savannah River Plant and Hanford.

According to a Power Point presentation given at BNL in 2012 by the U.S. Department of Labor, some $8.2 billion has been set aside under the program for pay-outs, with $111.7 million of that for exposure to radioactivity and consequent cancer at BNL

Joseph B. Frowiss, Sr., based in Rancho Santa Fe, California has been handling many of the cases involving former workers at BNL—and other government nuclear facilities—and their families. As he says on his website “in the past seven years 1,800 of my clients have received over $300 million and hundreds more are in the pipeline…A diagnosis of one of 23 ‘specified’ cancers and typically 250 work days in a specified timeframe are the basic requirements.”

An “independent claims advocate,” Mr. Frowiss has run full-page advertisements in Long Island newspapers: “Brookhaven National Lab Employees With Cancer,” they are headed. They note that “BNL employees…are likely now eligible for lump …read more

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