Hibakusha Series

Plaintiffs and their supporters spread a banner saying, "We won the lawsuit," in Tokyo following the high court ruling Thursday. (Mainichi)

The Tokyo High Court recognized nine atomic bombing survivors as patients with A-bomb diseases Thursday, overruling the central government's decision on their status.

However, the court dismissed their demands that the government pay them compensation for refusing to recognize them as patients with A-bomb illnesses.

If the ruling is confirmed, the nine will be eligible for the government's special allowances for those suffering from A-bomb illnesses to cover their medical expenses.

The nine are among 30 surviving victims of the atomic bombings of Hiroshima and Nagasaki who have launched a suit with the Tokyo District Court, asking that the government's dismissal of their application to be recognized as A-bomb disease sufferers be overturned, and that the government pay each plaintiff 3 million yen in compensation.

Twenty of the 30 plaintiffs had been recognized as A-bomb disease patients under standards that were revised in April 2008 -- after an earlier ruling by the district court. The latest appeal court decision brought the number of plaintiffs recognized as such to 29.

The legal battle has come to a crucial phase as the Health, Labor and Welfare Ministry is poised to revise the standards again, and the plaintiffs are demanding that the government extend relief to all those who are seeking recognition as A-bomb disease sufferers.

"Under the standards, the effects of radiation could be underestimated," the high court ruling stated, pointing out that the new standards that came into force in April last year are inadequate.

It also recognized chronic pain from scars that remain after fragments of glass stuck in their bodies were removed as an A-bomb disease even though the government claims they should not be recognized as such under the new standards. In line with rulings in similar lawsuits, the court further recognized cirrhosis hepatitis and decreased thyroid activity as A-bomb illnesses.

The court did not recognize one of the plaintiffs as a patient with an A-bomb disease after deeming the effects of radiation on the plaintiff's health to be slight. The court noted that the plaintiff, who was staying in an area about two kilometers from the ground zero 12 days after the bombing, had bought food and drinking water from another area.

Fourteen of the 30 plaintiffs have passed away, and their suits were taken over by their bereaved families. The 16 living plaintiffs are aged between 69 and 89.

A total of 306 people have filed similar suits with 17 district courts since April 2003. Thursday's ruling marks the 18th consecutive victory for plaintiffs in such cases.