Vanderbilt
University Radiation Class Action
Successful Resolution of the Vanderbilt Radiation Case
More than half a century after being given radioactive iron without her knowledge, which may have caused her 11-year-old daughter's death from cancer in 1958, Emma Craft finally received what she wanted: "justice and an apology." On July 27, 1998, shortly after federal Judge John T. Nixon gave final approval of a $10.3 million settlement in a lawsuit stemming from the administration of radioactive iron to some 800 pregnant women without their knowledge in the 1940s, Emma Craft, the 76-year-old lead plaintiff in a class action lawsuit, forgave those who may have caused the death of her 11-year-old daughter, Carolyn Bucy.
"I decided to file this lawsuit because of my daughter''s death, and because I wanted Vanderbilt to apologize," Ms. Craft said outside the courthouse after the hearing. Ms. Craft was flanked by her attorneys, Donald Arbitblit of Lieff Cabraser and Nashville attorney , George Barrett of Barrett, Johnston & Parsley. "It has been a long, hard fight," Ms. Craft continued. "Nothing can bring Carolyn back to us. Since I found out about the experiment, I have been reliving her death every day. I wanted Vanderbilt to apologize, and now they have apologized. I forgive them. I am sure they will never do another experiment like that again. I am relieved that this fight is over, and that we got what we asked for from the beginning: justice and an apology."
"This settlement recognizes the importance of the right to control what happens to your own body," said Mr. Arbitblit. "Everyone should decide for themselves whether to participate in an experiment or not. This is a very good settlement for all concerned. The compensation is substantial. The apology is very important to Ms. Craft and the rest of the women who were in the experiment. Vanderbilt did the right thing."
Background
The class action lawsuit was filed by Mr. Arbitblit in 1994 after then U.S. Energy Secretary Hazel O''Leary announced in 1993 an investigation of radiation injection experiments during the 1940s. Her action was prompted by a series of articles by Eileen Welsome of the Albuquerque, NM, Tribune, which won a Pulitzer Prize in 1994.
"When I heard about the nutrition study at Vanderbilt in 1993, that was the first time I learned that I had been part of the experiments with radioactive iron," Ms. Craft said. "Back in 1946, no one told me about the experiment and no one asked if I wanted to be part of it. I was pregnant with my youngest daughter Carolyn at the time. Carolyn died of cancer when she was only 11 years old."
Between 1945 and 1947, approximately 800 pregnant women were given radioactive iron "cocktails" during their treatment at the Vanderbilt University Prenatal Clinic in Nashville to study iron metabolism during pregnancy. The plaintiffs testified, and Judge Nixon stated in a ruling in November 1996, "The exposed women were not informed as to their exposure to radioactive substances." The total settlement amount, which has been distributed to class members, was $10,325,000. Vanderbilt''s contribution was $9.1 million. The Rockefeller Foundation, which funded the project, contributed $900,000. The remaining $325,000 came from prior settlements with other parties.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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