Victor B. Skaar v. Robert L. Wilkie, Secretary of Veterans Affairs 

 

United States Court of Appeals for Veterans Claims, No. 17-2574

A United States Air Force B-52 bomber and a KC-135 tanker aircraft collided over Palomares, Spain, while attempting in flight refueling on January 17, 1966. The collision caused four thermonuclear weapons to be released. Two of the weapons were damaged when they hit the ground, releasing plutonium, a radioactive material. There was no nuclear detonation.

Approximately 1,600 military and civilian personnel worked to decontaminate the accident site for three months following the accident. During cleanup, personnel wore protective clothing and radiation dose measuring devices, and had regular radiation checks.  There have been concerns that those involved in the clean-up mission may have been exposed to airborne dust and debris contaminated with plutonium.

Presumptive diseases related to ionizing radiation

• brain, breast, colon, esophagus, gall bladder, liver (primary site, but not if cirrhosis or hepatitis B is indicated), lung (including bronchiolo-alveolar cancer), pancreas, pharynx, ovary, salivary gland, small intestine, stomach, thyroid, urinary tract (kidney/renal, pelvis, urinary bladder, and urethra)
• Leukemia (except chronic lymphocytic leukemia)
• Lymphomas (except Hodgkin’s disease)
• Multiple myeloma (cancer of plasma cells)

VA recognizes that the following diseases are possibly caused by exposure to ionizing radiation during service:

• All cancers
• Non-malignant thyroid nodular disease
• Parathyroid adenoma
• Posterior subcapsular cataracts
• Tumors of the brain and central nervous system

If your client participated in U.S. military operations at Palomares, Spain, after the January 17, 1966, B-52 crash that released plutonium dust and have a potentially radiation-related disease, they may be part of a class action suit.

This case is about whether the Department of Veterans Affairs (VA) has failed to use sound scientific evidence to decide claims for service-connected disability compensation for medical conditions potentially caused by exposure to ionizing radiation at Palomares, Spain.

Clients may be a part of this lawsuit if they have a medical condition that may have been caused by exposure to ionizing radiation at Palomares, Spain.  Did they file a claim for disability compensation related to Palomares in which the VA obtained a radiation dose estimate in 2001 or later?  Did they appeal a denial of their clam and have not yet received a decision?  Have they not filed a VA compensation claim for Palomares-related medical conditions but wants to do so now?

The Court has named Michael J. Wishnie of the Veterans Legal Services Clinic at Yale Law School as the lawyer for the class, but if your client is not part of the class you will handle their claim. You may contact Mr. Wishnie and his team with questions, including to find out whether your client is a part of the class or not, at (203) 432-4800.