U.S. government unwilling to pay damages to Red Hill plaintiffs for physical ailments

HONOLULU (HawaiiNewsNow) – The U.S. government says Red Hill plaintiffs are asking for too much money in their lawsuit and insists its entire waterline wasn’t even contaminated. The latest revelations are in court documents as a judge is still deciding the high stakes case.

After the fuel spill from the Navy’s Red Hill fuel tanks tainted its water system in 2021, there was extensive flushing for months in multiple neighborhoods in and around Pearl Harbor.

In its closing brief, the U.S. government now says “contamination from the November 2021 spill did not reach the western portion of the Joint Base Pearl Harbor Hickam water system such as Ford Island.”

In May, the state Department of Health said it disagrees with the the Navy’s conclusion that certain drinking water zones could not have been contaminated by the Red Hill Shaft during the emergency.

In court documents, government lawyers also cited the speed at which jet fuel exits the body limits the duration of physical symptoms possibly caused by the spill.

“How they have treated their ‘ohana is disgraceful. It’s a disgrace,” said Hawaii attorney Michael Green.

“The harm these people have caused by their reckless disregard for the condition they knew about for 21 years is outrageous,” he added.

17 Bellwether plaintiffs are suing the U.S. government and are asking for $7 million dollars in damages for health problems related to the fuel spill including rashes, headaches, seizures, stomach issues, balance problems and memory loss.

But court records show the government is only willing to pay roughly $115,000 at a minimum to the plaintiffs for stress and anxiety.

“Plaintiffs failed to demonstrate that their physical injuries and impairment were caused by toxic exposure,” said government lawyers in court documents.

Green isn’t part of this lawsuit, but has more than 100 clients with similar health problems who filed legal action against the government after the disaster. He says directly linking the fuel to people’s longer term injuries is tough.

“It’s impossible to prove without an expert, that’s going say it happened. This is a post-traumatic stress case,” said Green.

18-year plaintiff Beau Jessup claimed he developed tremors after the spill and cannot join the Navy like his father. Attorneys are asking for nearly $500,000 for his pain, suffering, impairment and therapy, but the government says he shouldn’t get any money for his tremors and that he should get only $10,000 to $30,000 for pain and suffering, mental and emotional distress, loss of enjoyment and disruption.

The trial was non-jury so it’s up to federal judge Leslie Kobayashi to issue a ruling.

The plaintiffs and their lawyers aren’t commenting and have until Friday to respond to the government’s brief. It’s not known when the judge will make a decision.

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HONOLULU (HawaiiNewsNow) – The U.S. government says Red Hill plaintiffs are asking for too much money in their lawsuit and insists its entire waterline wasn’t even contaminated. The latest revelations are in court documents as a judge is still deciding the high stakes case. After the fuel spill from the Navy’s Red Hill fuel tanks …

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