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State Ordered to Compensate Farmer over O-157 OSAKA
(Kyodo) -- The Osaka District Court on Friday was cited as ordering the
state to pay 6 million yen in compensation to a radish farmer as government
announcements over a food-poisoning case damaged shipments of the product. The
story says that presiding Judge Hiroshi Muraoka ordered the state to pay
compensation to Hajimu Minamino, a radish sprout farmer, saying, "The
government announcements lacked balance and discredited the plaintiff."
Minamino, 64, a farmer in Habikino in Osaka Prefecture, had filed a damages suit
against the state, demanding about 52 million yen in compensation. Food
poisoning caused by the 0-157 strain of E. coli bacteria, which affected more
than 10,000 people nationwide, was prevalent in Sakai, Osaka Prefecture, in July
1996 where 9,000 people were stricken and three children died. The
story says that the ruling was the first of its kind concerning the bacteria to
admit state responsibility. According
to the ruling, the former Health and Welfare Ministry announced on several
occasions in August and September of that year that white radish sprouts shipped
from specific facilities could be the source of the O-157. The plaintiff claimed
that no O-157 bacteria was detected in radish sprout facilities or wells and
that surveys by the government and other related organizations were not
scientific. The
state contended it had conducted sufficient surveys and it was necessity to make
the announcements in such a situation. The
ruling said the state is obliged to pay close attention to the expression and
accuracy of information it issues to the media and when the health minister or
various experts hold press conferences. It
also said the state gave the impression in this case that the incident was
caused by a particular radish sprout company, which was going beyond what the
survey report said. The
ruling also questioned the government's decision to make public the intermediate
report on the surveys, saying it was questionable whether it was necessary to
release the report so soon. The
Nihon Kaiware Kyokai, an industry association, and 19 radish growers nationwide
also filed a joint damages suit in December 1996 against the state over its
announcements. But the Tokyo District Court dismissed the claim in May 2001, saying, "There was nothing irrational in the government surveys and the subsequent announcements were also appropriate." |