A scientific panel for determining health effects among radiation workers at Israel's nuclear research facilities

The problem of compensation to employees of nuclear research facilities presents difficult issues to the practicing attorney. The major stumbling block to presenting a well-documented case in court is the worker's inability to discuss the full range of duties at his or her work station over the course of employment. In addition the worker is barred from discussing the types and concentrations of chemicals and radioactive substances to which he or she is exposed, thereby limiting the ability of a competent physician to prepare an opinion on the causation between effects of exposure and disease. This paper presents the dilemma faced by the authors, who represented over 40 workers with cancer at the nuclear research facility in Dimona, Israel. It shows how the authors extricated themselves from this difficult dilemma by creating a panel of scientific experts under the court's auspices and with the court's blessings, which obviated the need for heavy procedural rules of court that apply in torts litigation in Israel. The scheme as developed and approved by the court can serve as a model to other countries where security matters are as important as matters of environmental health.