Re: (Mostly off-topic) Fallout and PTSD and Contingency Fees

[RuthWeiner@AOL.COM]

In a message dated 3/9/02 4:57:46 PM Mountain Standard Time, lavelyp@UCLINK4.BERKELEY.EDU writes:



> 1 Can you prove TMI (or something/someone associated with the accident) caused the PTSD? If no, end. If yes go to 2.
>
> 2 Can you show that the behavior was negligent or intentional? If no, end. If yes go to 3.
>
> 3 Can you show that the conduct was outrageous and shocked the senses? If no, end. If yes go to 4.
>
> 4 Can you fashion an appropriate remedy? If no, end. If yes go to 5.
>
> 5 Do you think that you can find a jury who will agree with each of the above AND will give a judgement that would make taking the case worthwhile?


Again, mostly off-topic.  I just finished my very first service on a jury (a criminal, not a civil case as this one would be) and I learned a lot.  The relevant thing I learned is that the ENTIRE burden of any proof is on the plaintiff, at least in a criminal case.  So the plaintiff would have to prove 1 through 4 beyond a reasonable doubt.


On another point:  I do not doubt that TMI was a frightening experience when it happened, even though the fear may have been induced mostly by government uncertainty and the media.  However, did it really cause post-traumatic stress -- a stress disorder that recurred after the event?


Finally, if I may be indulged, a bit of history to add to that from people who "were there" at TMI:


When TMI happened, I was probably the leading anti-nuclear spokesperson in Washington State.  My firsthand experience was that the anti-nuclear groups  siezed on TMI as "God's gift" to the movement (I don't recall anyone expressing sympathy or empathy for any potential victims).  Overnight, being anti-nuke became respectable (it wasn't before).  Moreover, our major argument had nothing to do with victims or stress.  It was that the nuclear industry had said (or implied) that such an accident could not happen -- at least that was their pronouncement -- and it happened.  Moreover, I went and looked up monitoring records in the UW library after they became available, figured out that probably there had been no real effect, and that started me on my road to disaffection.


"Of course I have a closed mind, but at least it has something in it worth closing on" -- Marcia Davenport.


Just thought someone out there might be interested. 




Ruth Weiner, Ph. D.

ruthweiner@aol.com