today said that it’s time NIOSH admit that they can’t reconstruct
dosages with sufficient accuracy, and they should provide
compensation on the presumption that the hazardous work
performed by the former IAAP workers caused their cancer. . .
It's because of you that we are here. Hard-working employees
who went to work day in and day out. Workers who did what
they were told without questioning what they were handling or
exposed to. Without questioning what effect it would have on
them and their families. You did this work because you were
asked, and you did it because we were at war. And in many cases,
these workers made the ultimate sacrifice as a result. . .
Today, claimants are being asked to trust compensation decisions
by the same government that placed them in harm’s way. The
same government that failed to protect them or fully inform them
of the dangerous nature of their work. . .
My office was verbally advised at 5 o’clock on this past Friday
that there is a legal opinion being developed – which I have not
seen – that could have a significant impact on the future of the
IAAP petition. This opinion, from the Department of Justice,
effectively prohibits the Secretary of Health and Human Services
from designating a cohort based on the lack of transparency.
It’s my understanding that the Justice Department believes that
although the data is classified and unavailable to the claimants,
dose reconstructions can still be done. And therefore, a Special
Exposure Cohort can not be established. This interpretation
raises serious questions about a claimants right to due process.
It’s this type of underhanded tactic that leads me to believe that
there is an effort by some in Washington to confound and discredit
the process that we are engaged in today. I sincerely hope that it
isn’t an outright effort to prevent deserving workers from receiving
compensation. Regardless, I intend to get to the bottom of it. . .”
See EXHIBIT 37. Senator Grassley’s testimony before the President's
Advisory Board on Radiation and Workers Health, April 29, 2005.
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