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Plant Must Disclose Data to Fight Cancer Lawsuit

JMF Law > Uncategorized  > Plant Must Disclose Data to Fight Cancer Lawsuit

Plant Must Disclose Data to Fight Cancer Lawsuit

By JACK BOUBOUSHIAN

CHICAGO (CN) – The parents of a girl who developed brain cancer can access over a decade of data on an Exelon power plant they claim discharged harmful radiation, a federal judge ruled, but the energy giant can withhold certain other information.

Joseph and Cynthia Sauer say their daughter, Sarah, was diagnosed with a medulloblastoma, a highly malignant brain tumor, roughly three years after the family moved to Grundy County, where Exelon operates the Dresden Generating Station and Unitech Services Group has a nuclear facility.

They claim that radioactive discharges from the plants traveled through the groundwater, causing Sarah’s cancer.

After receiving the Sauers’ lawsuit, Exelon and Unitech said Sarah’s diagnosis should frame the discovery period, which it proposed to run between 1996 and 2004, two years before and three years after.

The Sauers countered with a motion to access Exelon’s historical data going back to the early 1990s, which they said their expert witness need to determine the impact of the facility on Sarah, since radioactive materials persist for long periods of time in groundwater.

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