ELR Citation: ELR 20236
No(s). 05-36005 (9th Cir. Sep 11, 2008)

The Ninth Circuit held that the subcellular alteration of a plaintiff's deoxyribonucleic acid (DNA), without pain or interference with bodily functions, is not a bodily injury within the meaning of the Price-Anderson Act. The Price-Anderson Act prohibits recovery for plaintiffs who have not suffered bodily injury, sickness, disease, or death from exposure to radioactive materials. The case arose after individuals were exposed to radioactive material on a drilling rig. Although they have not developed cancer or any other illness, they argued that the radiation caused subcellular damage, including to their DNA. But not every alteration of the body is an injury. Thinking causes synapses to fire and the brain to experience tiny electric shocks; fear stimulates the production of chemicals associated with the fight-or-flight response. All life is change, but all change is not injurious. The Act permits recovery for disease.