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Government Guatemala Syphilis Testing Lawsuit

Government Lawsuit TestingHundreds of Guatemalans have filed a class-action lawsuit against the U.S. Department of Health and Human Services seeking injunctive relief and damages. The plaintiffs claim that the defendants subjected them to inhuman, cruel, and degrading treatment by “deliberately” infecting them with syphilis in the 40’s. The plaintiffs, including Guatemalan prisoners, mentally ill individuals, orphans, and soldiers, filed the lawsuit in Washington after the US Government failed to reach out-of-court settlement.

The lawsuit claims that, between 1948 and 1964, the plaintiffs were infected with syphilis to test the efficacy of penicillin without their consent. The plaintiffs seek compensation from the US Government for the health problems suffered by them as a result of being subjected to medical tests. The lawsuit seeks action on behalf of all plaintiffs and other similarly situated persons who were subjected to non-consensual experimentation overseen by the defendants’ predecessor office holders. The plaintiffs bring this action against the defendants seeking equitable relief and damages.

The lawsuit, brought under the Alien Tort Statute, seeks compensation for the egregious violations committed against them. The plaintiffs claim that they are suffering from devastating results of the non-consensual human medical experimentation they were subjected to by the defendants. 

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Cruise Ship Lawsuit

 

Cruise Ship Liability and Admiralty Lawsuit

cruise-ship-lawsuitOn March 31, 2012, US marshals briefly seized the MS Carnival Triumph owned by Miami-based Carnival group after a Texas federal judge issued arrest warrants following filing of a cruise ship liability lawsuit seeking 10 million in damages from the world’s biggest cruise operator. The lawsuit filed in a Galveston-based court on behalf of a deceased German woman is one of the many lawsuit filed against the luxury cruise liner operator following the Costa Concordia disaster off the Italian coast. Judge John Froeschner found ample reason to order attachment of joint and collective property held by the defendant within the district under the laws governing admiralty and maritime claim in the United States.

Cruise ships departing from any of the ports in the United States are legally viewed as common carriers of passengers. The ships designated passenger carriers have the duty to ensure safety and wellbeing of passengers until they reach their destinations. Tourists spend thousands of dollars to enjoy exotic cruise vacation with the expectation that they enjoy their holidays on board safely and without any inconvenience. However, mismanagement by the cruise operator, negligence of safety issues, and failure to maintain proper standards often contribute to falls, injury, loss of life, fire, food poisoning, and lack of medical facilities on the ship. Most of these accidents are preventable and occur only because of sheer negligence of the cruise staff. Passengers are entitled to file cruise ship liability lawsuits evoking various provisions of the Admiralty Law.

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Whistleblower Lawsuit Against California Nuclear Plant

Southern California Edison faces a whistleblower lawsuit from an employee who alleges retaliation for raising safety concerns at the plant site. The lawsuit names Southern California Edison, which is the owner of San Onofre plant, and his former supervisor. The plaintiff, Paul Diaz, who was the manager of business accounting and project service, accuses the defendant of terminating him in October and claims unspecified damages for lost wages, wrongful termination, retaliation, negligent infliction of emotional distress, discrimination, and defamation. This is not a radiation lawsuit.

The plaintiff alleges that the ostensible reason put forth by the defendant for his dismissal was “poor performance.” The lawsuit claims that the plaintiff was terminated for blowing a whistle about the safety concerns at Edison’s nuclear site. The plaintiff asserts that he aired his concerns about the plant safety after fellow employees approached him about the same, alleging that other supervisors were ignoring their complaints. The complainant claims that the defendant failed to pay heed to his concerns about nuclear safety and terminated him when he aired his concerns to the Nuclear Regulatory Commission. The NRC regulates nuclear power plants similar to the one leaking radiation in Japan and will likely lead to radiation lawsuits.

The plaintiff contends that

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