NATION AND WORLD
Court reinstates Silkwood damages
Page 11
University Daily Kansan, January 12, 1984
By United Press International
WASHINGTON — The Supreme Court yesterday reinstated $10 million in damages awarded to the family of Karen Silkwood, an Oklahoma nuclear worker found to have been contaminated with radioactive plutonium before her death in 1974.
In the Silkwood case, justices voted 5-4 to reverse a lower court finding that the Silkwood estate could not collect punitive damages from Kerr-McGee Corp., operators of the plant where Silkwood worked. The decision, however, allowed McGee to continue legal efforts to overturn or reduce the damage award.
SILKWOOD, 28. WAS killed in an accident in 1974 when on her way to meet a reporter to discuss contamination problems at the Crescent, Okla., Mr-MeeGec plutonium processing plant where she was a laboratory analyst.
An autopsy showed that her body had been contaminated by plutonium.
Karen Silkwood
In 1979, a federal jury in Oklahoma City awarded Silkwood's children, — Beverly, Dawn and Michael — $10 million in pit damage, $500,000 for personal injury and $5,000 for damaged property.
But the 10th U.S. Circuit Court of Appeals in Denver overturned all but
the $3,000 award for damage to Silkwood's apartment. The court cited the 1954 Atomic Energy Act which imposed punitive damage awards.
WHILE THE MYSTERIOUS circumstances of Silkwood's death drew nationwide publicity — and provided material for the recently released movie "Silkwood" the legal issue over which Mr. Bush has balanced of states' rights against the federal government's authority to control the nuclear industry. The
Writing for the court, Justice Byron White said Congress did not intend to prevent state laws from authorizing a new drug prohibiting radiation hazards.
Supreme Court sided with the states.
"congress assumed that state-law remedies, in whatever form they might take, were available to those injured by nuclear incidents." White wrote for the
A lawyer for the Silkwood estate, acting for her three children, said the ruling cleared "a major hurdle" in its efforts to collect the damage award.
Reached at his home in Nederland,
Texas, Bill Silkwood, Karen's father,
said: "All through the years, I thought
we would eventually get this decision
and now that we've got it, we're very
happy."
"IVE GONE THROUGH 9 \frac{1}{2} years now," Silkwood said. "I can wait a few more."
He said any money received would go into a trust fund for his three grandchildren.
The possibility that Kerr-McGee might challenge the amount of the money in his account.
The case marked the second time Silkwood's case had come before the court. In October 1881, the justices refused to hear a challenge to a ruling that blocked a civil rights suit against Kerr-McGee.
Operation delays cause frustration for medical team
By United Press International
SALT LAKE CITY — The long delay between the first permanent artificial heart implant and approval for a second operation left a University of Utah medical team feeling "shackled," Dr. William DeVries said yesterday.
Dr Barney B. Clark received the first air-driven Javik-7 artificial heart on Dec. 2, 1982. The university's Institutional Review Board approved guidelines for a second air-driven Javik-7 implant in 13 months after the first implant.
The board voted 10-2 to approve the new guidelines and also approved a consent form for a second class. The board rejected those documents on Dec. 12.
After the Dec. 12 rejection, DeVries and artificial heart developer Dr. Robert Jarkiv were ordered to revise the guidelines proposed for the second operation.
DeVries confirmed reports that he was frustrated by the delay and had considered moving the project to another institution.
Anti-smoking advocates mark 20 years of government study
By United Press International
NEW YORK — The doctor who first linked cigarettes to lung cancer marked yesterday, the 20th anniversary of the first Surgeon General's report on smoking, by calling for a presidential commission to discourage the habit.
"I suggest that the time has come for the Surgeon General to recommend the creation of a presidential commission to chart a course which takes advantage of our best of our scientific communications abilities," said Ernest Wynder.
Wynder, now the president of the American Health Foundation, made his recommendation at a conference sponsored by the American Council on Science and Health. He said that itinated diseased killed 350,000 annually.
Wynder established the link between smoking and lung cancer in 1949 with co-investigator Evarts Graham. Wynde said that Graham had given up smoking in 1951 but died of lung cancer six years later.
LUTHER TERRY, surgeon general who put out the first Smoking and Health Report on Jan. 11, 1964, said that he still took great pride in the report
"Since then, there has been much additional evidence, which has... greatly extended our knowledge of the dangers of smoking."
Coinciding with the 20th anniversary of the report, the council said, was the 100th year of the modern cigarette, first made in 1884 when an automated cigarette-rolling machine began operation in North Carolina.
Testimony against smoking also was
stained from two women who
attend the meeting.
In one, Mrs. Barney Clark, widow of the world's first recipient of an artificial heart, said:
"DR. CLARK'S illness began with emphysema — he had used cigarettes for some 25 years, and although he had given up the habit several years before the problem was detected, he believed those years of smoking when he was ill were due to emphysema, but contributed greatly to his heart and cardiovascular disease.
Katherine Meek Roman, of Woodbridge, Conn., wrote that cigarettes hooked her at 16 and she was a pack-a-day smoker for 30-old women.
"I am now 63, I have serious emphysema, and I am on oxygen 24-hours a day and will be for the rest of my life."
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