Tuesday, April 06, 1999
Radiation suit 1 step away from its end
May 4 hearing may release $3.5M
BY BEN L. KAUFMAN
The Cincinnati Enquirer
Vindication for patients used in Cold War radiation experiments came closer Monday when a federal judge preliminarily approved a $3,594,440 settlement of their class action.
A fairness hearing will be 1:30 p.m. May 4 in U.S. District Judge Sandra S. Beckwith's court.
Barring surprises, she then will give final approval and free the money for distribution to lone survivor Donna White Christy and families of other patients.
The class action settlement will average about $40,000 for each participant after the court-approved $800,000 is set aside for attorney fees in the 5-year-old case.
A couple of “howevers” remain:
• A similar settlement fell apart about two years ago when a dozen dissatisfied families opted out of the class action and defendants insisted on an all-or-none deal. Until the May hearing is over, no one can rule out further challenges.
• A confidential side agreement allows all of the defendants to “walk away” if Judge Beckwith allows a certain number of families to opt out of the settlement she approved on Monday.
The suit arose from a $651,000 Defense Department contract to find out how radiation would affect soldiers physically and emotionally in nuclear war.
University Hospital (formerly General Hospital) fulfilled the contract between 1960 and 1971. It exposed terminally ill cancer patients — mostly adult, poor and black — to total-body and partial-body radiation when they came for treatment.
Lawyers for Ms. Christy — then a child with bone cancer — and other participants' families say their relatives were insufficiently informed about the purpose and possible effects of radiation.
Defendants include the University of Cincinnati; the city of Cincinnati; Dr. Eugene Saenger, the radiation specialist who led the study; and other physicians and scientists.
They deny any wrongdoing.
Further, R. Joseph Parker, attorney for Dr. Saenger, said radiation was meant to cure patients or to rid them of pain.
Robert Newman, lead attorney for the class action, said 90 patients received radiation.
He has located Ms. Christy and 64 patients' families. As part of the settlement, Mr. Newman will advertise in the Enquirer for 13 missing families.
Another 12 families, represented by attorney John Metz, opted out of Mr. Newman's proposed original settlement. They cut their own $1,486,099 deal — less attorney fees — with defendants.
Still another 26 patients were signed up for the experiment but they never received radiation. Mr. Newman represents them and they will share $19,500.
Finally, Judge Beckwith may divide up to $65,900 from the class action settlement among individuals who played significant roles in developing the patients' case and pursuing the litigation.
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