[ RadSafe ] Cancer suit filed against Los Alamos Labs

Tue Jun 24 09:26:17 CDT 2008

No, but they could have had her in the room before anyone else was there. 
They waited until everyone was seated, an d then wheeled her in.
----- Original Message ----- 
From: "Livesey, Lee M" <Lee_M_Livesey at RL.gov>
To: "'Edmond Baratta'" <edmond0033 at comcast.net>; "Tena Graben-Galyon" 
<ilovemycat2 at comcast.net>; <radsafe at radlab.nl>; "Steven Dapra" 
<sjd at swcp.com>
Sent: Monday, June 23, 2008 2:56 PM
Subject: RE: [ RadSafe ] Cancer suit filed against Los Alamos Labs

What were they supposed to do?  Perhaps make her walk into the courtroom?

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf 
Of Edmond Baratta
Sent: Monday, June 23, 2008 11:17 AM
To: Tena Graben-Galyon; radsafe at radlab.nl; Steven Dapra
Subject: Re: [ RadSafe ] Cancer suit filed against Los Alamos Labs

I was on a Jury and was the Foreperson.  It concerned a siut against a 
lawyer who hadn't given the widow all the information due her.  The widow 
had a disease that required her to be in a wheel chair.  Each time the court 
was in session, they rolled her out.  The disease and wheel chair had 
nothing to do with the case, but I'm sure it was for effect.  They settled 
on the last day.  The lawyer probably figured we would go against him 
because her condition.  As it was we knew the action was for our benefit.
We could have been emotionally involved, but saw through action.

Ed Baratta

edmond0033 at comcast.net
----- Original Message -----
From: "Steven Dapra" <sjd at swcp.com>
To: "Tena Graben-Galyon" <ilovemycat2 at comcast.net>; <radsafe at radlab.nl>
Sent: Sunday, June 22, 2008 11:31 PM
Subject: RE: [ RadSafe ] Cancer suit filed against Los Alamos Labs

> June 22
>
>         No, I've never sat on a jury.  Based on what you have written,
> I will now say it doesn't say much for the honesty of lawyers, nor
> does it say much for their interest in seeing that justice is done,
> without respect to emotion.  Okay, now let's hear from the lawyers who
> want to excoriate me because I don't want decisions to be based on
> emotion.  Or whatever.  Somebody will have a sob story.  It never ends, 
> does it?
>
> Steven Dapra
>
>
>
> At 10:59 PM 6/22/08 -0400, Tena Graben-Galyon wrote:
>>Steven:
>>
>>Have you ever sat on a jury?  I have served in more than one state and
>>have found that, in my experience, neither side wanted educated
>>jurors.  I watched on most of the occasions where, during the juror
>>interview part, as soon as the attorney found out the prospective
>>juror was educated, the prospective juror was struck off.  Both sides
>>always seem to want the little 70ish year old housewife who may or may
>>not have finished high school and probably has no idea how much her
>>husband makes, but would base her decision on emotions and not the
>>facts of the case.  At least that is what I have always observed.  I
>>can remember on quite a few occasions thinking to myself, "those are
>>not a jury of my peers."  Not that I was  stuck up or anything, but
>>lets face it, that 70ish year old woman who has never held a job in
>>her life outside the home and never received a higher education has
>>never walked in my shoes.  How can she be a peer; however, that is the
>>type of person lawyers like for a juror.  They are more easily
>>influenced and persuaded.  They tend to let their emotions drive their
>>decisions and not the facts of the case. IMHO
>>
>>Tena A. Graben-Galyon, CQA
>>President
>>Graben Galyon Consultants
>>
>>-----Original Message-----
>>From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl]On
>>Behalf
>>Of Steven Dapra
>>Sent: Sunday, June 22, 2008 10:32 PM
>>To: Dan W McCarn; radsafe at radlab.nl
>>Subject: RE: [ RadSafe ] Cancer suit filed against Los Alamos Labs
>>
>>
>>June 22
>>
>>          This doesn't say much for the intellectual rigor of jurors,
>>does it?
>>
>>Steven Dapra
>>
>>
>>At 07:17 PM 6/22/08 -0500, Dan W McCarn wrote:
>> >Dear Group:
>> >
>> >Having been involved in civil environmental litigations as an expert
>> >witness, sometimes it doesn't matter to a jury if a person was
>> >exposed to a contaminant exceeding a drinking-water quality
>> >threshold or not.  If those contaminants at issue can even be
>> >detected, or a case made that they might have been present at one
>> >time is enough to move a jury to return a verdict in favor of the
>> >plaintiff. This, of course, also extends into the more emotive
>> >issues related to radiation or radionuclide exposure.
>> >
>> >Dan ii
>> >
>> >Dan W. McCarn, Geologist; 3118 Pebble Lake Drive; Sugar Land, TX
>> >77479; USA
>> >Home: +1-281-903-7667; Austria-cell:  +43-676-725-6622
>> >HotGreenChile at gmail.com   mccarn at unileoben.ac.at
>> >UConcentrate at gmail.com
>> >
>> >
>> >-----Original Message-----
>> >From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl]
>> >On
>>Behalf
>> >Of Perle, Sandy
>> >Sent: Sunday, June 22, 2008 4:18 PM
>> >To: Steven Dapra; radsafe at radlab.nl
>> >Subject: RE: [ RadSafe ] Cancer suit filed against Los Alamos Labs
>> >
>> > >>According to an article in the Las Cruces (NM) Sun-News, Ryman's
>> >daughter "said her father's doctors were mystified about the cause
>> >of his cancer until they talked to her about his past.
>> >"I told the doctor he grew up in Los Alamos, and he looked at me,
>> >put down his pen and said, 'Your dad has radiation exposure,' [the
>> >daughter] said."
>> >
>> >The link is <http://www.lcsun-news.com/ci_9152106>.  (How's that for
>> >a diagnosis?  The doctor never so much as saw the patient.)<<
>> >
>> >Steve,
>> >
>> >Not an unusual occurrence. This happens more often than you think.
>> >Worker works with radiation and becomes ill. Member of the public
>> >becomes ill and it's the radiation that causes the illness. This
>> >trend towards litigation is partly what I have written about in the
>> >ALARA dialogue. Employers are at risk where radiation is a part of the 
>> >work.
>> >People do get ill, and, where there is an illness, radiation is
>> >often suggested at the root cause, right or wrong. If employers or
>> >businesses don't do what is considered prudent, they are portrayed
>> >as ruthless and not concerned about the public's or their worker's
>> >welfare. Juries can be swayed. I observe where employees believe
>> >that they have been treated fairly at work, generally don't sue. If
>> >they believe that management has not treated them fairly, they will 
>> >often sue.
>> >
>> >Regards,
>> >
>> >Sandy
>> >
>> >----------------------------------------------------------------
>> >Sander C. Perle
>> >President
>> >Mirion Technologies
>> >Dosimetry Services Division
>> >2652 McGaw Avenue
>> >Irvine, CA 92614
>> >+1 (949) 296-2306 (Office)
>> >+1 (949) 296-1144 (Fax)
>> >
>> >Mirion Technologies: http://www.mirion.com/
>>
>>
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