Atomic Bomb Disease Litigation Today's Supreme Court Judgment Is First Judgment on Interpretation of Certification Conditions February 25 4:35
The Supreme Court has ruled on three cases in Hiroshima and Nagasaki that three people seeking atomic bomb disease have been accused of suffering from cataracts or other diseases. The Supreme Court will determine for the first time whether a follow-up person will be recognized as an A-bomb or if the judgments in different parts of the world have different interpretations of the conditions for recognition.
A person who has suffered a disease such as cancer or cataract in Hiroshima or Nagasaki is recognized by the government as having an atomic bomb disease if it meets the two conditions that medical treatment is currently required due to the atomic bomb radiation. , Allowance will be paid.
In three cases in which the A-bomb survivors sought genuine A-bomb disease recognition because of the effects of the bombings, the Hiroshima High Court and the Nagoya High Court recognized some A-bomb survivors as A-bomb, while Fukuoka said. The high court did not approve.
Regarding the two conditions of accreditation, that is, "currently in need of medical care", the judgment of the survivors who were followed up due to illness was interpreted by the High Court ruling.
The Supreme Court's Third Court will issue its ruling on the afternoon of March 25 in these three cases.
The Supreme Court will determine for the first time when a medical condition is needed.
Actions and proceedings of the three plaintiffs
[Mr. Yoshiko Naito (75), Hiroshima City]
At a station platform about 2.4 km away from the hypocenter, she was exposed to her mother's back. It was 11 months old.
Naito was diagnosed with cataracts in both eyes at the age of 47, and was prescribed prescription eye drops while undergoing regular follow-up. He applied for A-bomb disease in 2008, but was not recognized, and three years later, he filed a complaint.
In the first instance of the Hiroshima District Court, the A-bomb attack was recognized as saying that "I go to the hospital regularly while receiving prescription eye drops, and it can be said that it is" medical care "according to the A-bomb victims protection law."
In the second instance of the Hiroshima High Court, the A-bomb was recognized, and the government appealed.
[Women in their 80s in Saga Prefecture]
We are looking for A-bomb disease certification for cataracts. At the age of eight, a woman was exposed to a 0.7 km air defense from the hypocenter in Nagasaki. Since about 1994, the haze in both eyes has worsened and it has been diagnosed as cataract. Eye drops are prescribed with regular follow-up.
We applied for A-bomb disease in 2014, but were not recognized and appealed. The appeal was dismissed in the Nagasaki District Court in the first instance, and the Fukuoka High Court in the second instance stated, "If the situation remains to require follow-up observation, other benefits under the A-Bomb Survivor Protection Act can be dealt with and the possibility of deterioration may increase. Unless there are special circumstances, such as high prices, "medical care" will not be met, "and the woman appealed.
[Mr. Takai Ivy, Nagoya (84)]
He was bombed in Nagasaki when he was 9 years old. At the time of the atomic bomb's drop, he was at his home about 5.4 km from the hypocenter and then approached about 2 km.
He suffered from chronic thyroiditis and filed an application for A-bomb disease in 2010, but was not recognized and filed a complaint. In the first instance, the Nagoya District Court did not find a complaint, but in the second instance, the Nagoya High Court stated that "even if a patient is hospitalized for follow-up, it should be considered an atomic bomb." Was appealing.
About 5% of A-bomb survivors
People who have been exposed to the A-bomb survivors in Hiroshima and Nagasaki are called "A-bomb survivors," and medical fees and medical examinations are free.
A survivor with some sickness receives a monthly allowance of over 30,000 yen. When it is recognized as “A-bomb disease,” a special medical allowance of over 140,000 yen is paid every month, making it the most generous benefit to survivors.
A-bomb disease is recognized for those who have a specific disease such as cancer, leukemia, myocardial infarction, or cataract. The two conditions of "need medical care" to be in the situation are necessary.
As of the end of March 2019, the number of A-bomb survivors was 145,844, of which 7269 were A-bomb victims, or about 5% of all A-bomb survivors.
"Non-authorization is on the rise due to medical needs"
According to the organizations that have been consulted by A-bomb survivors, the number of cases that are not recognized as A-bomb disease is on the rise due to the need for medical care at issue in this case.
The “Toyukai”, which is made up of A-bomb survivors living in Tokyo, is entrusted to the Tokyo Metropolitan Government for consultation with A-bomb survivors and their families. In FY2018, more than 15,000 consultations were received annually. Most of the consultations were related to the A-bomb survivor protection law, such as the recognition of the atomic bomb disease, which exceeded 60% of the total.
The association supports the application procedure for A-bomb disease, but the number of cases where applications are not accepted because there is no "medical need" is increasing. Against this background, more and more cases are giving up at the consultation stage.
"For example, in the case of cataracts, if an operation is not scheduled, an A-bomb will not be recognized, and even if a drug is prescribed," medical properties required "will no longer be recognized. The extent to which is recognized has been steadily expanding in court, but the impression of "needs medical care" is becoming very strict. "
Mr. Murata also said, "I have lived a life of 75 years since the atomic bomb, thinking that the A-bomb survivors were attributable to the atomic bomb whenever there was something in their body. That's a matter of course. "