Berg

This appeal is a companion to In re Hanford Nuclear Reservation Litigation, 292 F.3d 1124, also decided today, and also involves the claims of multiple plaintiffs exposed to radiation from the Hanford Nuclear Reservation in southeastern Washington between 1943 and 1987. The facts underlying these claims are set forth in detail in our opinion in In re Hanford Nuclear Reservation Litigation. The plaintiffs in this case, originally part of the group of plaintiffs in Hanford, were severed from Hanford during the second phase of discovery on September 20, 1996, for reasons we need not detail here. The record in this appeal includes an expert’s report that is not in the Hanford record. The same district judge who handled Han-ford also granted partial summary judgment in favor of the defendants in this case, and also on the erroneous premise that only those plaintiffs who were shown to have been exposed to radiation that exceeded what is termed a “doubling dose” could recover. We therefore, as in Han-ford, reverse the grant of partial summary judgment. We also deal with claims for emotional distress and medical monitoring not litigated in Hanford.

I. “Doubling Dose”

A…