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OFFICE OF GENERAL COUNSEL
WASHINGTON,D. C. 20301
Pe
Tem mi
402789
DEPARTMENT OF DEFENSE
Lerch &/2s;gg
August 11, 1978 m7 Sct Hime
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MEMORANDUM FOR THE CHAIR AND MEMBERS OF INTERAGENCY
TASK FORCE ON CLAIMS
SUBJECT:
_
Negotiating Positions on RadiationRelated Claims
At the first meeting of the Interagency Task Force on
claims, interested agencies were asked to prepare nego-
tiating positions on radiation-related claims for discussion on August 16.
We are pleased +o submit for
your consideration a position on health and medical
claims and a position on land use claims.
The broad objective of this Task Force should be
to develop a negotiatinc position.
The Marshallese are
represented by able and exseriencec ceunsel of their
own choosing who cén be excected aggressively to assert
the interests of their clients.
The Task Force must
assume that negotiation of these cleims will involve
considerable pressure to bargain upyard from any position
that it proposes.
Thus, the precise responsibility of
the Task Force should be to establish an initial negotiating position, and to set the outer limits bevend
which the United States Government is not willing to
negotiate.
,
The negotiating position for health and medical
claims should have two goals.
First, a comprehensive
program of health and medical care must be provided
for all radiation-related injuries.
Second, injured
individuals must be compensated adequately for their
harm.
To achieve these goals, the negotiating position
must include periodic medical examinations to identify
radiation-related injuries; comprehensive health and
medical care to treat all such injuries; and adequate
compensation.
There is no reason to treat health and medical
claims by individuals of one atoll differently from
those made by individuals of any other atoll.
The
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