thedrifter
12-02-02, 02:06 PM
Shaw Pittman: DOD Allegedly Covered Up Medical Records
http://www.usnewswire.com/topnews/prime/1030-117.html
U.S. Newswire
30 Oct 13:29
Shaw Pittman: Vietnam-Era DOD Secretary Robert McNamara, Current
VA and DOD Officials Allegedly Covered Up Medical Records
To: National Desk
Contact: Nicole Quigley, 202-973-1328, for Shaw Pittman, LLP,
or nquigley@levick.com
WASHINGTON, Oct. 30 /U.S. Newswire/ -- Former Defense Secretary
Robert S. McNamara is among 11 defendants named in two
first-of-their-kind class action lawsuits for allegedly covering up
medical records without which veterans of atomic, biological and
chemical warfare testing cannot receive needed medical and other
benefits. The plaintiffs include veterans, their families, and the
Vietnam Veterans of America (VVA), who allege a deliberate and
ongoing cover-up by U.S. government officials to conceal and ignore
relevant records, many of which are personal medical records that
would allow them to seek proper benefits from the Department of
Veterans Affairs (VA) for the often devastating long-term health
effects of the government's testing of weapons of mass destruction.
Brought by the law firm of Shaw Pittman, LLP, the complaints --
one for veterans exposed to atomic detonations and the other for
veterans exposed to biological and chemical tests, as well as their
survivors -- aim to hold the government officials personally
responsible for their involvement in illegal and unethical
activities and to obtain justice for aging veterans. The
complaints tell disturbingly similar stories of government and
military officials protecting the government and themselves from
liability for the effects of cold war atomic, biological, and
chemical experiments on their own troops, sailors, airmen, and
marines.
The complaints point to several smoking guns, including a White
House memo that describes the classification of records as a tactic
to minimize public relations risks and ultimately limit the
government's legal liability. The veterans and their families also
cite original test documents and reports that record large-scale
radiation overexposures and medical test procedures that directly
contradict government and military official statements that
veterans were not used as test subjects and were not exposed to
unsafe levels of radiation.
The "Atomic Veteran" plaintiffs consist of approximately 415,000
surviving veterans exposed to radiation as part of the government's
atomic testing and military programs in the 1940-1950s and their
survivors. The plaintiffs in the second complaint are the
approximately 10,000 military personnel used as involuntary test
subjects in biological and chemical warfare tests in the 1960s
known as "Project SHAD" (Shipboard Hazard and Defense).
Additionally, VVA serves as a named plaintiff in the SHAD case on
behalf of the thousands of Vietnam-era veterans affected by the
government's actions
"The VA has a statutory mandate to advocate for and protect the
interests of these veterans, but instead VA officials have
purposefully failed them. This is the age of Enron, when the
government contends that you are personally responsible for your
unethical decisions. We're holding up a mirror and expecting them
to practice what they preach," said Shaw Pittman partner David
Cynamon, who filed the complaints.
"America's veterans deserve proper health care for illnesses
that may be due to exposure to harmful agents as a result of their
military service," said VVA National President Thomas Corey.
"Veterans deserve to be told the truth about their military
service, as well as accountability from senior bureaucrats and
other government officials. Justice for our nation's veterans is
at the heart of VVA's mission. This class action will help
veterans obtain the justice to which they have long been entitled,"
Corey added.
Former Navy crewmember of the USS Navarro in 1963 and plaintiff
Robert Bates said, "I wasn't asked if I wanted to be a human guinea
pig. I wasn't told that I was part of an experiment until thirty
years later. And now, I can't get my complete medical records from
the government so that I can get needed benefits." Bates suffers
from congestive heart failure and joint problems thought to be
related to the chemical warfare tests.
The Shaw Pittman complaints allege a policy that government and
military officials began in the 1940s and current officials
continue to carry out in order to keep veterans from claiming their
just medical benefits. For example, government and military
officials admit that Project SHAD medical records were and remain
"classified" and unavailable to veterans attempting to claim VA
benefits for health problems arising from biological and chemical
agents used on them by their own military. The government contends
that other relevant records disappeared, were destroyed, or never
existed.
"They tell you that they can't give you benefits until you prove
you were involved, but they keep the documents that can prove it in
a sealed vault behind their desks. This is not the government my
husband intended to serve," said Pat Broudy, whose husband died due
to lymphoma, a cancer known to be caused by radiation exposure.
Her husband had served in the occupation of Nagasaki, Japan,
trained on a radioactive target ship, and participated in mock
assaults on ground zero following atomic detonations in the Nevada
desert but was denied VA benefits.
Shaw Pittman began representing veterans as a result of a pro
bono project that relied on the firm's litigation and scientific
expertise. "As Americans, we expect our government and military
officials to adhere to a basic standard of legal and ethical
conduct. We've seen Congress and the Administration rightly insist
that corporate officials be held legally accountable for their
actions. They need to know that they can't hide behind their
organizations anymore," said Shaw Pittman attorney Douglas
Rosinski.
The complaints were filed October 29, 2002 in the United States
District Court for the District of Columbia.
Shaw Pittman, LLP has offices in Washington, D.C., New York,
Northern Virginia, London and Los Angeles. The firm provides
business and technology legal services on a global basis. It can
be accessed online at http://www.shawpittman.com.
http://www.usnewswire.com
U.S. Newswire 202-347-2770
10/30 13:29
Copyright 2002, U.S. Newswire
Sempers,
Roger
http://www.usnewswire.com/topnews/prime/1030-117.html
U.S. Newswire
30 Oct 13:29
Shaw Pittman: Vietnam-Era DOD Secretary Robert McNamara, Current
VA and DOD Officials Allegedly Covered Up Medical Records
To: National Desk
Contact: Nicole Quigley, 202-973-1328, for Shaw Pittman, LLP,
or nquigley@levick.com
WASHINGTON, Oct. 30 /U.S. Newswire/ -- Former Defense Secretary
Robert S. McNamara is among 11 defendants named in two
first-of-their-kind class action lawsuits for allegedly covering up
medical records without which veterans of atomic, biological and
chemical warfare testing cannot receive needed medical and other
benefits. The plaintiffs include veterans, their families, and the
Vietnam Veterans of America (VVA), who allege a deliberate and
ongoing cover-up by U.S. government officials to conceal and ignore
relevant records, many of which are personal medical records that
would allow them to seek proper benefits from the Department of
Veterans Affairs (VA) for the often devastating long-term health
effects of the government's testing of weapons of mass destruction.
Brought by the law firm of Shaw Pittman, LLP, the complaints --
one for veterans exposed to atomic detonations and the other for
veterans exposed to biological and chemical tests, as well as their
survivors -- aim to hold the government officials personally
responsible for their involvement in illegal and unethical
activities and to obtain justice for aging veterans. The
complaints tell disturbingly similar stories of government and
military officials protecting the government and themselves from
liability for the effects of cold war atomic, biological, and
chemical experiments on their own troops, sailors, airmen, and
marines.
The complaints point to several smoking guns, including a White
House memo that describes the classification of records as a tactic
to minimize public relations risks and ultimately limit the
government's legal liability. The veterans and their families also
cite original test documents and reports that record large-scale
radiation overexposures and medical test procedures that directly
contradict government and military official statements that
veterans were not used as test subjects and were not exposed to
unsafe levels of radiation.
The "Atomic Veteran" plaintiffs consist of approximately 415,000
surviving veterans exposed to radiation as part of the government's
atomic testing and military programs in the 1940-1950s and their
survivors. The plaintiffs in the second complaint are the
approximately 10,000 military personnel used as involuntary test
subjects in biological and chemical warfare tests in the 1960s
known as "Project SHAD" (Shipboard Hazard and Defense).
Additionally, VVA serves as a named plaintiff in the SHAD case on
behalf of the thousands of Vietnam-era veterans affected by the
government's actions
"The VA has a statutory mandate to advocate for and protect the
interests of these veterans, but instead VA officials have
purposefully failed them. This is the age of Enron, when the
government contends that you are personally responsible for your
unethical decisions. We're holding up a mirror and expecting them
to practice what they preach," said Shaw Pittman partner David
Cynamon, who filed the complaints.
"America's veterans deserve proper health care for illnesses
that may be due to exposure to harmful agents as a result of their
military service," said VVA National President Thomas Corey.
"Veterans deserve to be told the truth about their military
service, as well as accountability from senior bureaucrats and
other government officials. Justice for our nation's veterans is
at the heart of VVA's mission. This class action will help
veterans obtain the justice to which they have long been entitled,"
Corey added.
Former Navy crewmember of the USS Navarro in 1963 and plaintiff
Robert Bates said, "I wasn't asked if I wanted to be a human guinea
pig. I wasn't told that I was part of an experiment until thirty
years later. And now, I can't get my complete medical records from
the government so that I can get needed benefits." Bates suffers
from congestive heart failure and joint problems thought to be
related to the chemical warfare tests.
The Shaw Pittman complaints allege a policy that government and
military officials began in the 1940s and current officials
continue to carry out in order to keep veterans from claiming their
just medical benefits. For example, government and military
officials admit that Project SHAD medical records were and remain
"classified" and unavailable to veterans attempting to claim VA
benefits for health problems arising from biological and chemical
agents used on them by their own military. The government contends
that other relevant records disappeared, were destroyed, or never
existed.
"They tell you that they can't give you benefits until you prove
you were involved, but they keep the documents that can prove it in
a sealed vault behind their desks. This is not the government my
husband intended to serve," said Pat Broudy, whose husband died due
to lymphoma, a cancer known to be caused by radiation exposure.
Her husband had served in the occupation of Nagasaki, Japan,
trained on a radioactive target ship, and participated in mock
assaults on ground zero following atomic detonations in the Nevada
desert but was denied VA benefits.
Shaw Pittman began representing veterans as a result of a pro
bono project that relied on the firm's litigation and scientific
expertise. "As Americans, we expect our government and military
officials to adhere to a basic standard of legal and ethical
conduct. We've seen Congress and the Administration rightly insist
that corporate officials be held legally accountable for their
actions. They need to know that they can't hide behind their
organizations anymore," said Shaw Pittman attorney Douglas
Rosinski.
The complaints were filed October 29, 2002 in the United States
District Court for the District of Columbia.
Shaw Pittman, LLP has offices in Washington, D.C., New York,
Northern Virginia, London and Los Angeles. The firm provides
business and technology legal services on a global basis. It can
be accessed online at http://www.shawpittman.com.
http://www.usnewswire.com
U.S. Newswire 202-347-2770
10/30 13:29
Copyright 2002, U.S. Newswire
Sempers,
Roger