It’s possible that I shall make an ass of myself. But in that case one can always get out of it with a little dialectic. I have, of course, so worded my proposition as to be right either way (K.Marx, Letter to F.Engels on the Indian Mutiny)
Texas' abortion ban tied to more infant deaths, study indicates
By Ernie Mundell,
HealthDay Reporter JUNE 24, 2024 Protesters argue over abortion rights in front of the Supreme Court on the first anniversary of the U.S. Supreme Court ruling in the Dobbs v Women's Health Organization case which overturned Roe v. Wade in Washington, D.C. on June 24, 2023. File Photo by Annabelle Gordon/UPI | License Photo
Following state legislation passed in 2021 that essentially banned abortion in Texas, the rate of infant deaths rose by almost 13%, compared to a much smaller 1.8% rise nationwide, a new study finds.
The number of Texan babies whose deaths were specifically linked to birth defects also jumped by 22.9% in 2022, the year after the ban was put in place. In the rest of the United States, such deaths declined by 3.1% over the same time period, according to researchers at Johns Hopkins University in Baltimore.
The findings may have relevance beyond Texas following the July 2022 Supreme Court decision overturning Roe v. Wade.
"The [study] results suggest that restrictive abortion policies may have important unintended consequences in terms of trauma to families and medical cost as a result of increases in infant mortality," said researchers led by Alison Gemmill. She's an assistant professor of population, family and reproductive health at Hopkins.
The findings were published June 24 in the journal JAMA Pediatrics.
In their study, Gemmill's group look at data on all recorded infant deaths from the state of Texas and 28 comparison states for the years 2018 through 2022. They zeroed in on the period between March through December of 2022, because it was during this period when fetuses and newborns would first have been subject to the 2021 Texas abortion ban.
Overall, "an excess of 216 infant deaths" were recorded in Texas between March and December of 2022, Gemmill's team reported.
The sharp rise in deaths linked to birth defects was particularly troubling, the researchers said.
"Deaths involving congenital malformations, which are the leading cause of infant mortality in the U.S. and account for more than 1 in 5 infant deaths, may increase due to forced continuation of pregnancies involving defects or other anomalies," they wrote.
Forcing women to carry through with an unwanted pregnancy may also raise financial and emotional stressors, especially among poorer, less advantaged groups, "all of which may increase exposure to known risk factors for infant mortality," Gemmill and colleagues wrote.
In a linked journal editorial, three experts in reproductive and child health said the Texas study "adds to the growing body of literature documenting the direct harms inflicted on our communities by abortion bans."
Dr. Ghazaleh Moayedi and Aketch Osamb, of Pegasus Health Justice Center in Dallas, and Dr. Atsuko Koyama, of the University of Arizona in Phoenix, say other data shows the 2021 ban in Texas is harming women and their babies.
"Researchers from two Dallas hospitals, including one of the busiest labor and delivery units in the country, illustrate a significant increase in maternal morbidity [illness] with subsequent poor fetal outcomes" soon after the ban was enacted, they wrote.
And they believe the new study is just a harbinger of things to come nationally.
"In the coming years, as more people continue to be harmed by abortion bans across the country, we anticipate that more research will illuminate what Texans already know to be true: abortion bans harm everyone," the experts said.
More information
To find out more about neonatal birth defects, head to the Cleveland Clinic.
Distress, depression rates double among transgender Americans in 10 years
By Ernie Mendell,
HealthDay News
JUNE 24, 2024
The rate of self-reported mental distress and depression among American adults who identify as transgender or gender-diverse has more than doubled between 2014 and 2022, an analysis of federal health data reveals.
The rate of self-reported mental distress and depression among American adults who identify as transgender or gender-diverse has more than doubled between 2014 and 2022, an analysis of federal health data reveals.
During that time, "a record number of enacted laws has threatened the rights and protections of TGD people, including restricting access to gender-affirming care and permitting discrimination in public accommodations," noted a team of researchers led by health care policy investigator Michael Liu, of Harvard Medical School.
The findings are published Monday in the journal JAMA Internal Medicine.
Liu's team tracked survey data from the federal government's ongoing Behavioral Risk Factor Surveillance System, which follows the self-reported physical and mental health of U.S. adults over time.
The analysis started in 2014, the first year in which gender identity was added to the survey, and tracked data through 2022.
Liu's team found that the "prevalence of frequent mental distress increased from 18.8% in 2014 to 38.9% in 2022" among transgender or gender-diverse people.
In contrast, the rise in mental distress was less steep among cisgender people -- from 11.2% to 15.5%.
Depression rates among transgender and gender-diverse adults also rose sharply between 2014 and 2022 -- more than doubling from 19.7% to 51.3%, Liu's group found. Over the same time period, depression rates among cisgender adults rose only slightly, from 18.6% to 21.1%.
Even physical health was affected: During the study period, the percentage of transgender/gender-diverse adults who rated their health as just "fair" or "poor" went from 26.6% to 35.1%, while that number remained stable at just over 17% among cisgender people.
In a linked journal editorial, three experts in health policy say the Harvard findings are not unexpected.
Dr. Carl Streed of Boston University, Kellan Baker of the Johns Hopkins School of Public Health in Baltimore and Arjee Javellana Restar of the University of Washington School of Public Health in Seattle, point to hundreds of state bills "explicitly targeting transgender and nonbinary populations" proposed in 2023 and 2024.
"These efforts to exclude transgender and nonbinary people from civic life threaten the well-being of the more than 1.6 million transgender and nonbinary people in the U.S.," the experts said.
Increasing stigma means transgender and gender-diverse Americans are dealing with daily assaults to mental health, including deliberate misuse of pronouns, issues around restroom access, discrimination on the job and even acts of violence, the editorialists said.
It's probably not going to get better anytime soon.
"Given the sociopolitical trajectory of the U.S. regarding increasing discrimination and political attacks on transgender and nonbinary people, we can expect to see worsening mental health in these populations for the foreseeable future," the experts said.
Monday, June 24, 2024
SPACE
First of its kind detection made in striking new Webb image
NASA/GODDARD SPACE FLIGHT CENTER
IMAGE:
IN THIS IMAGE OF THE SERPENS NEBULA FROM NASA’S JAMES WEBB SPACE TELESCOPE, ASTRONOMERS FOUND A GROUPING OF ALIGNED PROTOSTELLAR OUTFLOWS WITHIN ONE SMALL REGION (THE TOP LEFT CORNER). SERPENS IS A REFLECTION NEBULA, WHICH MEANS IT’S A CLOUD OF GAS AND DUST THAT DOES NOT CREATE ITS OWN LIGHT, BUT INSTEAD SHINES BY REFLECTING THE LIGHT FROM STARS CLOSE TO OR WITHIN THE NEBULA.
CREDIT: NASA, ESA, CSA, K. PONTOPPIDAN (NASA’S JET PROPULSION LABORATORY) AND J. GREEN (SPACE TELESCOPE SCIENCE INSTITUTE).
For the first time, a phenomenon astronomers have long hoped to directly image has been captured by NASA’s James Webb Space Telescope’s Near-Infrared Camera (NIRCam). In this stunning image of the Serpens Nebula, the discovery lies in the northern area (seen at the upper left) of this young, nearby star-forming region.
Astronomers found an intriguing group of protostellar outflows, formed when jets of gas spewing from newborn stars collide with nearby gas and dust at high speeds. Typically these objects have varied orientations within one region. Here, however, they are slanted in the same direction, to the same degree, like sleet pouring down during a storm.
The discovery of these aligned objects, made possible due to Webb’s exquisite spatial resolution and sensitivity in near-infrared wavelengths, is providing information into the fundamentals of how stars are born.
“Astronomers have long assumed that as clouds collapse to form stars, the stars will tend to spin in the same direction,” said principal investigator Klaus Pontoppidan, of NASA’s Jet Propulsion Laboratory in Pasadena, California. “However, this has not been seen so directly before. These aligned, elongated structures are a historical record of the fundamental way that stars are born.”
So just how does the alignment of the stellar jets relate to the rotation of the star? As an interstellar gas cloud crashes in on itself to form a star, it spins more rapidly. The only way for the gas to continue moving inward is for some of the spin (known as angular momentum) to be removed. A disk of material forms around the young star to transport material down, like a whirlpool around a drain. The swirling magnetic fields in the inner disk launch some of the material into twin jets that shoot outward in opposite directions, perpendicular to the disk of material.
In the Webb image, these jets are signified by bright clumpy streaks that appear red, which are shockwaves from the jet hitting surrounding gas and dust. Here, the red color represents the presence of molecular hydrogen and carbon monoxide.
“This area of the Serpens Nebula – Serpens North – only comes into clear view with Webb,” said lead author Joel Green of the Space Telescope Science Institute in Baltimore. “We’re now able to catch these extremely young stars and their outflows, some of which previously appeared as just blobs or were completely invisible in optical wavelengths because of the thick dust surrounding them.”
Astronomers say there are a few forces that potentially can shift the direction of the outflows during this period of a young star’s life. One way is when binary stars spin around each other and wobble in orientation, twisting the direction of the outflows over time.
Stars of the Serpens
The Serpens Nebula, located 1,300 light-years from Earth, is only one or two million years old, which is very young in cosmic terms. It’s also home to a particularly dense cluster of newly forming stars (~100,000 years old), seen at the center of this image. Some of these stars will eventually grow to the mass of our Sun.
“Webb is a young stellar object-finding machine,” Green said. “In this field, we pick up sign posts of every single young star, down to the lowest mass stars.”
“It’s a very complete picture we’re seeing now,” added Pontoppidan.
So, throughout the region in this image, filaments and wisps of different hues represent reflected starlight from still-forming protostars within the cloud. In some areas, there is dust in front of that reflection, which appears here with an orange, diffuse shade.
This region has been home to other coincidental discoveries, including the flapping “Bat Shadow,” which earned its name when 2020 data from NASA’s Hubble Space Telescope revealed a star’s planet-forming disk to flap, or shift. This feature is visible at the center of the Webb image.
Future Studies
The new image, and serendipitous discovery of the aligned objects, is actually just the first step in this scientific program. The team will now use Webb’s NIRSpec (Near-Infrared Spectrograph) to investigate the chemical make-up of the cloud.
The astronomers are interested in determining how volatile chemicals survive star and planet formation. Volatiles are compounds that sublimate, or transition from a solid directly to a gas, at a relatively low temperature – including water and carbon monoxide. They’ll then compare their findings to amounts found in protoplanetary disks of similar-type stars.
“At the most basic form, we are all made of matter that came from these volatiles. The majority of water here on Earth originated when the Sun was an infant protostar billions of years ago,” Pontoppidan said. “Looking at the abundance of these critical compounds in protostars just before their protoplanetary disks have formed could help us understand how unique the circumstances were when our own solar system formed.”
These observations were taken as part of General Observer program 1611. The team’s initial results have been accepted in the Astrophysical Journal.
The James Webb Space Telescope is the world's premier space science observatory. Webb is solving mysteries in our solar system, looking beyond to distant worlds around other stars, and probing the mysterious structures and origins of our universe and our place in it. Webb is an international program led by NASA with its partners, ESA (European Space Agency) and CSA (Canadian Space Agency).
JOURNAL
The Astrophysical Journal
ARTICLE TITLE
Why are (almost) all the protostellar outflows aligned in Serpens Main?
Heart failure in space: scientists calculate potential health threats facing future space tourists in microgravity
Researchers used a model of the heart and lung system to simulate how microgravity could affect space tourists who might have underlying health issues such as heart conditions
FRONTIERS
IMAGE:
DR LEX VAN LOON COMBINES MATHEMATICAL MODELLING AND THE USE OF ARTIFICIAL INTELLIGENCE TO CREATE MEDICAL DIGITAL TWINS. IMAGE: TRACEY NEARMY/ANU
[The following is a guest editorial written by Dr Lex van Loon, an assistant professor at the Australian National University and the University of Twente in the Netherlands. He is co-author of a new Frontiers in Physiology article.]
Space exploration has always captivated our imagination, offering the promise of discovering new worlds and pushing the boundaries of human capability. As commercial space travel becomes more accessible, individuals with various underlying health conditions—including heart failure—may soon be among those venturing beyond Earth’s atmosphere. This raises critical questions about the impact of space travel on humans with potential underlying health problems. My recent research, ‘Computational modeling of heart failure in microgravity transitions,’ delves into this issue, offering insights that could shape the future of space travel.
Why study heart failure in space?
The demographic of commercial space travelers is shifting, increasingly including older, wealthy individuals who may not be in optimal health. Unlike professional astronauts, these space tourists typically do not undergo rigorous health screenings or physical training. This shift necessitates a broader consideration of health conditions, such as heart failure, diabetes, and other chronic illnesses, in space mission planning.
Heart failure alone affects over 100 million people globally. Traditionally, space medicine has focused on the effects of microgravity on healthy astronauts. However, the inclusion of non-professional astronauts with preexisting health conditions demands a deeper understanding of how microgravity impacts these individuals. The unique cardiovascular challenges posed by space travel could significantly affect heart failure patients, making this an essential area of study.
Furthermore, heart failure is not a uniform condition and can be broadly categorized into two types. One type involves a weakened heart that cannot pump blood effectively, while the other is characterized by the heart’s inability to relax and fill properly. These differences mean that each type of heart failure presents unique challenges and must be studied separately to understand the specific risks and required countermeasures in a microgravity environment.
The challenges of microgravity
In the microgravity environment of space, the human body undergoes significant changes. One of the most notable effects is the redistribution of bodily fluids, causing what is commonly known as ‘puffy face bird leg’ syndrome. Imagine a person with a swollen, puffy face paired with skinny, almost comically thin legs—like a bird, what’s in the name. This fluid shift results in reduced venous pooling in the legs and increased venous pressure in the upper body. For healthy individuals, the cardiovascular system can adapt to these changes, but for heart failure patients, the risks are substantially higher.
Using computational models to simulate space conditions
Given the lack of real-world data on heart failure patients in space, we turned to computational modeling to simulate the effects of microgravity. We used our previously published 21-compartment mathematical model of the cardiovascular system. By tuning the parameters of this model, we were able to predict how heart failure patients might respond during space travel with a high degree of accuracy.
Our simulations revealed that entry into microgravity increases cardiac output in all individuals. However, for heart failure patients, this increase in cardiac output is accompanied by a dangerous rise in left atrial pressure, which can lead to pulmonary edema—a condition where fluid accumulates in the lungs, making it difficult to breathe.
The path forward
Our research underscores the need for comprehensive health screenings and personalized medical plans for space tourists with underlying health conditions. As commercial space travel becomes more accessible, ensuring the safety of all passengers, especially those with chronic health conditions like heart failure, is paramount.
Moreover, our findings highlight the importance of further research into the long-term effects of space travel on cardiovascular health. Future studies should focus on the prolonged exposure to microgravity and the cumulative impact of comorbidities in heart failure patients.
The role of human digital twins
One promising avenue for future research and safety in space travel is the development of human digital twins. A human digital twin is a highly detailed virtual model of an individual's physiological systems. By creating these digital replicas, we can simulate various scenarios and predict how different conditions, such as microgravity, might affect an individual's health. This approach allows for personalized risk assessments and tailored countermeasures.
For heart failure patients, a digital twin could simulate how their specific heart condition would respond to the stresses of space travel. This personalized model could help identify the most effective pre-flight preparations and in-flight interventions, thereby enhancing the safety and well-being of space tourists with heart conditions.
The dream of space travel is closer than ever, but with it comes the responsibility to understand and mitigate the health risks associated with this new frontier. Our computational modeling provides a critical step toward ensuring that space travel is safe for everyone, including those with heart failure. As we continue to push the boundaries of exploration, integrating advanced technologies like human digital twins will be crucial in protecting the health and well-being of all who venture into the final frontier.
A SPIRALING WIND HELPS THE SUPERMASSIVE BLACK HOLE IN GALAXY ESO320-G030 TO GROW, ASSISTED BY MAGNETIC FIELDS. IN THIS ILLUSTRATION, THE CORE OF THE GALAXY IS DOMINATED BY A ROTATING WIND OF DENSE GAS LEADING OUTWARDS FROM THE (HIDDEN) SUPERMASSIVE BLACK HOLE AT THE GALAXY’S VERY CENTRE. COLORED LINES WITH ARROWS SHOW THE MOTIONS OF THE GAS TRACED BY LIGHT FROM MOLECULES OF HYDROGEN CYANIDE AND SEEN WITH THE ALMA TELESCOPE (BLUE INDICATED MOTION TOWARDS US AND RED AWAY).
By studying nearby galaxy ESO320-G030, a Northwestern University-led team of international astronomers has discovered extremely powerful rotating, magnetic winds help the galaxy’s central supermassive black hole grow.
The process is strikingly similar to the birth of new stars and planets, which are fed by swirls of gas and dust. The new discovery provides a previously unknown clue to solving the long-standing mystery of how supermassive black holes grow to weigh as much as millions or billions of stars.
“It is well-established that stars in the first stages of their evolution grow with the help of rotating winds – accelerated by magnetic fields, just like the wind in this galaxy,” said Northwestern’s Mark Gorski, who led the study. “Our observations show that supermassive black holes and tiny stars can grow by similar processes, but on very different scales.”
The study was published this spring in the journal Astronomy & Astrophysics.
An expert on the evolution of galaxies, Gorski is a postdoctoral fellow at Northwestern’s Center for Interdisciplinary and Exploratory Research in Astrophysics (CIERA). When the research began, Gorski was a postdoctoral researcher at Chalmers University of Technology in Sweden.
Spying on the Milky Way’s neighbor
Most galaxies, including our own Milky Way, have a supermassive black hole at their centers. How these mind-bogglingly massive objects grow into super sizes has remained an unsolved mystery.
In the search for clues, Gorski and his collaborators looked to relatively nearby galaxy ESO320-G030, located just 120 million light years from Earth. ESO320-G030 is a highly active galaxy, forming stars 10 times faster than the Milky Way. The astronomers examined the galaxy using telescopes at the Atacama Large Millimeter/submillimeter Array (ALMA) Observatory in Chile.
“Since this galaxy is very luminous in the infrared, telescopes can resolve striking details in its center,” said study co-author Susanne Aalto, a professor of radio astronomy at Chalmers University of Technology. “We wanted to measure light from molecules carried by winds from the galaxy’s core, hoping to trace how the winds are launched by a growing — or soon to be growing — supermassive black hole. By using ALMA, we were able to study light from behind thick layers of dust and gas.”
‘Clear evidence of a rotating wind’
To examine the dense gas that closely hovers around ESO320-G030’s central black hole, the scientists studied light from hydrogen cyanide molecules. Using Doppler effect technology, the researchers imaged fine details and trace movements in the gas, which revealed patterns suggesting the presence of a magnetized, rotating wind.
While other winds and jets typically push material away from a galaxy’s central supermassive black hole, the newly discovered wind adds another process, which instead feeds the black hole and helps it grow.
The researchers liken the matter traveling around a black hole to water circling a drain. As matter approaches the black hole, it first collects in a chaotic, spinning disk. There, magnetic fields develop and grow stronger. The magnetic fields help lift matter away from the galaxy, creating a vortex of wind. As matter is lost to the wind, the spinning disk slows, which turns the slow trickle of matter into a stream — meaning that matter flows more easily into the black hole.
“We can see how the winds form a spiraling structure, billowing out from the galaxy’s center,” Aalto said. “When we measured the rotation, mass and velocity of the material flowing outwards, we were surprised to find that we could rule out many explanations for the power of the wind, including star formation for example. Instead, the flow outwards may be powered by the inflow of gas and seems to be held together by magnetic fields.”
What’s next?
Next, the researchers plan to study the centers of other galaxies, searching for hidden spiraling outflows.
“In our observations we see clear evidence of a rotating wind that helps regulate the growth of the galaxy’s central black hole,” Gorski said. “Now that we know what to look for, the next step is to find out how common a phenomenon this is. And if this is a stage which all galaxies with supermassive black holes go through, what happens to them next? Far from all questions about this process are answered.”
The study, “A spectacular galactic scale magnetohydrodynamic powered wind in ESO320-G030,” was supported by the Swedish Research Council (grant number 621-2011-4143), the European Research Council and the Nordic ALMA Regional Center node based at Onsala Space Observatory.
About ALMA
The Atacama Large Millimeter/submillimeter Array (ALMA), an international astronomy facility, is a partnership of ESO, the U.S. National Science Foundation (NSF) and the National Institutes of Natural Sciences (NINS) of Japan in cooperation with the Republic of Chile. ALMA is funded by ESO on behalf of its Member States, by NSF in cooperation with the National Research Council of Canada (NRC) and the National Science and Technology Council (NSTC) in Taiwan and by NINS in cooperation with the Academia Sinica (AS) in Taiwan and the Korea Astronomy and Space Science Institute (KASI).
ALMA construction and operations are led by ESO on behalf of its Member States; by the National Radio Astronomy Observatory (NRAO), managed by Associated Universities, Inc. (AUI), on behalf of North America; and by the National Astronomical Observatory of Japan (NAOJ) on behalf of East Asia. The Joint ALMA Observatory (JAO) provides the unified leadership and management of the construction, commissioning and operation of ALMA.
Spiraling wind illustration
A spiraling wind helps the supermassive black hole in galaxy ESO320-G030 to grow, assisted by magnetic fields. In this illustration, the core of the galaxy is dominated by a rotating wind of dense gas leading outwards from the (hidden) supermassive black hole at the galaxy’s very center. The motions of the gas, traced by light from molecules of hydrogen cyanide have been measured with the ALMA telescope.
CREDIT: KOREA INSTITUTE OF CIVIL ENGINEERING AND BUILDING TECHNOLOGY(KICT)
The United States’ NASA aims to construct a lunar base through the Artemis program, a manned lunar exploration initiative. However, the practical reality of what general public envision for the space base differs somewhat from well-known science fiction movies. To build a base on the Moon using abundant and diverse construction materials, significant transportation costs are involved. All these materials must be launched from Earth using rockets.
Because transporting construction materials from Earth to the Moon is costly and time-consuming, local materials must be utilized in order to establish a lunar base. One promising method for lunar base construction using local materials is microwave sintering, which solidifies lunar regolith (soil) below its melting point. Research on sintering lunar soil using lasers, solar energy, and microwaves is actively underway worldwide. Among these techniques, microwave sintering is a notable technology being developed by various institutions, including NASA, ESA (European Space Agency), and the Korea Institute of Civil Engineering and Building Technology (KICT, President Kim Byung-suk).
The research team(Dr. Jangguen, Lee, Dr. Young-Jae, Kim, Dr. Hyunwoo, Jin) led by Dr. Hyu-Soung, Shin at the Future & Smart Construction Research Division of the KICT is currently conducting a study on microwave-sintered lunar regolith simulant bricks. This research applies sintering techniques similar to firing ceramics, raising the temperature to create solid bricks. The bricks made from lunar regolith simulant have a strength of over 20 MPa, which is comparable to concrete. Microwave heating depends on the dielectric properties of the material, so a detailed study of the dielectric characteristics of lunar regolith is necessary. Currently, there is insufficient research on how lunar regolith interacts with microwave heating at varying temperatures.
As part of microwave sintering research, the research team investigated the dielectric properties of Korean Lunar Simulant (KLS-1) and ilmenite (iron titanate) at different temperatures. Ilmenite is a mineral abundant on the lunar surface and is known to enhance the efficiency of microwave heating. However, detailed studies on the dielectric properties of ilmenite and its behavior during microwave heating have not been conducted.
The research findings indicate that lunar regolith simulant has the microwave transparent property; making it challenging to heat. However, ilmenite (iron titanate) interacts strongly with microwaves due to its unique crystal structure, allowing rapid heating to high temperatures. Additionally, the analysis of the crystal structures of lunar regolith simulant and ilmenite successfully revealed key factors contributing to the increase in mineral-microwave interactions.
Utilizing a local resource, ilmenite, as a heating element in lunar base construction by using microwave sintering means efficient and rapid production of construction materials. Dr. Young-Jae, Kim from the KICT expressed that this research is expected to be a crucial foundation for the development of microwave technology for future lunar exploration and lunar base construction.
###
The Korea Institute of Civil Engineering and Building Technology, a government-funded research institute with 41 years of extensive research experience, is at the forefront of solving national issues that are directly related to the quality of the people’s life.
This study was conducted under the KICT Research Program (project no. 20230081-001, Development of environmental simulator and advanced construction technologies over TRL6 in extreme conditions; project no. 20230144-001, Space Architecture: Development of Core Technology for the Construction of Lunar Habitation) funded by the Ministry of Science and ICT.
Key Bridge collapse: Some Dali crew members can go home, will be deposed later under last-minute deal
Salvage experts continue to clear the large amount of wreckage on the bow of the container ship Dali twelve weeks after the collapse of the Francis Scott Key Bridge.
Legal obstacles are now cleared to allow some crew members of the cargo ship that destroyed the Francis Scott Key Bridge to return home after 12 weeks stuck aboard the vessel.
A court hearing Thursday morning confirmed that the army of lawyers involved in litigation surrounding the crash reached an agreement late Wednesday that will permit some members of the crew to leave the United States and be deposed at a later date.
The hearing was scheduled originally in response to emergency motions from the city of Baltimore and another party, both of which have claims against the cargo ship Dali and raised concerns after learning this week that crew members could be leaving the country as soon as Thursday.
The ship’s operator is bringing on a replacement crew, which occurs periodically with crews in the industry, before the Dali is moved to Norfolk, Virginia, for more repairs as early as next week.
Both parties ultimately withdrew their motions and indicated they were able to reach an agreement: The lawyers for the ship’s owner and manager will guarantee that the crew members will appear for depositions later, possibly in London.
In all, eight crew members and two trainee cadets have been granted permission to return to their home countries, said Darrell Wilson, a spokesman for Synergy Marine Group, the vessel operator. The group includes a cook, several seamen, a fitter, an oiler and a general steward.
The exact timeline for their departure remains unclear. The remaining crew will be lodged in Baltimore for the time being, Wilson said.
Thursday’s hearing included seven government lawyers from various agencies, including the U.S. Department of Justice and the National Transportation Safety Board. None spoke at the hearing, where Senior U.S. District Judge James K. Bredar reaffirmed that an agreement had been reached and asked the lawyers to be as efficient as possible in the future.
Thursday’s hearing could have been avoided entirely if the lawyers for one of the claimants had withdrawn their emergency motion Wednesday night instead of Thursday morning, said Bredar, addressing attorneys William H. “Billy” Murphy Jr. and Jason P. Foster.
“How are we going to conduct this very complex and potentially lengthy proceeding in the coming months and years?” Bredar asked. “My aspiration is that we’re going to do so efficiently and with every lawyer bringing their A-game and being conscious of the fact that the actions they take or don’t take have consequences.”
After the hearing, Murphy said he was satisfied the emergency was resolved.
“We’re happy that we were able to file the emergency motion and cause the agreement to be made,” Murphy said.
His team filed the withdrawal as quickly as they could, he said, adding that they were still in negotiations as late as this morning.
Murphy’s client in the litigation, Damon A. Davis, has not yet filed his claim against the Dali. Murphy declined to describe his client’s connection to the case Thursday, saying Davis is suffering from post-traumatic stress disorder and does not want publicity.
The legal dispute began Tuesday when an attorney for the ship’s owner and manager, William Bennett, emailed claimants and informed them that eight crew members would be allowed to leave as early as Thursday.
The Coast Guard declined a request to help secure crew members temporary parole through Customs and Border Patrol, Bennett wrote, so the men would need to go directly to the airport from the vessel.
Claimants’ attorneys objected, noting that they had been promised plenty of notice before crew members began to return home. Their emergency motions triggered Thursday’s hearing, though the deal was reached before Bredar could take the bench.
The final agreement included the two trainees, whose names were not on the original list of crew members granted permission to leave. The ship’s lawyers also agreed to turn over personnel files and other documents about the crew members.
The Dali struck the Key Bridge early on the morning of March 26, collapsing the span into the Patapsco River and killing six members of a crew who were doing road work on the bridge. The accident closed the Port of Baltimore to all vessel traffic for weeks. It wasn’t fully reopened until this month.
The ship’s owner and manager, both companies based in Singapore, quickly filed a limitation of liability action in federal court aimed at capping the amount of damages they could be forced to pay at about $43 million, roughly the salvage value of the Dali and its cargo. Parties who believe they may be entitled to damages stemming from the crash have until September to file claims against the ship.
The Dali remained pinned under the Key Bridge until last month, when it was refloated and moved to Seagirt Marine Terminal. The massive ship and its crew, who are from India and Sri Lanka, have remained there since, as workers removed more bridge debris from the ship’s bow.
Some Dali crew to leave after months on ship in Baltimore
By Bernd Debusmann Jr, BBC News, Washington
The ship was towed away last month and is now at a local container terminal
Some crew members on the cargo ship that struck a major bridge in Baltimore are set to return home after nearly three months on the vessel, according to the cargo ship's management company.
Earlier this week, Baltimore officials dropped a petition that would have prevented the crew members from leaving so that they could be questioned.
The 21 seafarers, predominantly from India, have been stranded on the MV Dali since it crashed into Baltimore's iconic Francis Scott Key bridge on 26 March, causing it to collapse.
Six construction workers who were on the bridge were killed in the incident, which remains the focus of two investigations from the FBI and National Transportation Safety Board (NTSB).
The crash sent the mile-long bridge, a regional transportation artery, into Maryland's Patapsco River and across the vessel's deck, blocking the port of Baltimore.
The seafarers have lived on the vessel since the crash occurred. They were unable to depart the ship because they were considered witnesses and did not have valid visas or shore passes to enter the US.
According to local media reports, a deal reached between the city of Baltimore, the ship's owners, and its management company will now allow some sailors to leave the vessel.
But they will have to be made available for depositions even after they leave the US.
The number of crew members initially headed home - and their date of departure - is unclear.
When contacted by the BBC, Synergy Marine - the ship's management company -spokesperson Darrel Wilson said that the company is "working to send some crew home", while "some will remain to assist with the investigation".
He added that the crew is "doing well".
Andrew Middleton, who runs Apostleship of Sea - a programme that ministers to ships coming through Baltimore - said there were "mixed emotions" on board the ship when he went to meet the sailors on Thursday.
"The ones that get to go home are happy, relieved," he said. "But the ones that are staying are wondering when they will get to go home too. That's added to the mental strain."
He added that he believes some crew members may leave within days.
Mr Middleton said that it remains unclear when the remaining sailors will be given shore passes to step off the vessel, or what that will "look like" when they are.
Some, he said, could ultimately be housed in hotels while the investigations progress, an experience he said could be "isolating" without their fellow crew members.
Two unions representing the sailors said in May that morale on the ship had "dipped" due to "unfounded fear of personal criminal liability" and emotional distress.
Grace Ocean Private Ltd, which owns the ship, did not immediately respond to a request for comment.
In court documents filed earlier this week, lawyers for Baltimore said they were made aware last-minute that eight of the seafarers were planning to leave the country as early as Wednesday.
Mr Middleton also said he believes that eight sailors are expected to leave.
The city initially called for a judge to intervene to prevent that from happening.
A deal reached late Wednesday, however, includes a guarantee that the "vessel interests will produce the witness in question for deposition during the discovery phase" of legal proceedings, court documents show.
Baltimore officials are currently working to determine potential compensation for the incident and have resisted attempts by the Dali's owner to cap damages at $43m (£33.9m).
The US Justice Department has already interviewed the Dali's crew as part of its own investigation and has no objection to them leaving the country.
After months stranded under the metal and steel remnants of the Key Bridge, the 948ft (289m) ship was towed away last month and is now at a local container terminal.
Replacement sailors will be brought in while the ship remains at the terminal, according to CBS, the BBC's news partner.
Last week, the shipping channel outside of Baltimore that had been blocked by the crash was re-opened after 11 weeks of closure.
Deal Reached for First Dali Crewmembers to Depart
Dali will sail with escorts bound for Norfolk and the next phase of the salvage operation (USCG file photo
A deal was reached between the lawyers representing the City of Baltimore and the other claimants in the lawsuits with the owners and operators of the Dali that will permit the first of the crewmembers to depart the ship some 12 weeks after the vessel hit the Baltimore bridge. At the same time, the U.S. Coast Guard is reporting that the containership might also be departing Baltimore as early as tomorrow, Friday, June 21 with a replacement crew aboard.
The U.S. District Court met on Thursday for an emergency pretrial conference and the Judge James Bredar signed off on the deal that had been reached for the crew. The order filed today clears the way for three Able Body seaman, an ordinary seaman, an oiler, a fitter, a cook, and a general steward, to leave the vessel at the end of their contract and travel as early as today to their homes. Late on Thursday, the International Seafarers Center said travel has been arranged for Friday evening for the eight people.
The lawyers had initially sought to block the efforts to begin supplying a replacement crew to the vessel arguing that they had only been given two day’s notice despite earlier promises from Grace Ocean and Synergy Marine. They told the court that the departure could prevent “crucial discovery,” for the individuals who might not be available once they left the country.
All the lawyers met and conferred with the lawyers for Grace Ocean and Synergy and later filed a motion to withdraw their request. In exchange, Grace Ocean and Synergy Marine agreed to substantively respond to written discovery and guarantee the appearance of the eight crewmembers when the case reaches the deposition stage. The crewmembers leaving the ship are agreeing to appear in London or elsewhere to provide depositions which are not expected to happen sooner than November 2024.
The eight crewmembers of the approximately 21 aboard the vessel will be replaced by Synergy Marine. So far, there has been no mention of the timing when other crewmembers might be permitted to travel to their homes in India and Sri Lanka. The Seafarers Center said the crew will be moving to hotels onshore in Baltimore as they are being required to remain at the time as the legal cases proceed. The government will provide apartments or hotel rooms for the duration of the litigation.
The Dali after spending 55 days trapped under the wreckage of the Francis Scott Bridge has now been at Baltimore’s Seagrit Terminal for 31 days. During that time, additional debris was removed including more of the damaged containers from the bow. The Baltimore Sun is reporting that the work was completed yesterday and that there is no longer any overhanging debris and the U.S. Coast Guard believes all the loose debris has been removed or secured.
Coast Guard Cmdr. Baxter Smoak told The Baltimore Sun that the vessel could depart as early as Friday in what will be a “highly choreographed” operation to get the vessel from Baltimore to Norfolk, Virginia for the next phase of the recovery and repairs. Earlier reports had said the vessel would be offloaded and initial repairs made to the bow so that the owners could move the containership to another shipyard.
Describing the operation to The Baltimore Sun, the Coast Guard explained one challenge is that the Dali no longer has anchors. The one that was dropped on March 26 in an effort to slow the ship was cut off during the first phase of the salvage operation. The other anchor was “completely crushed” the newspaper says in the allision with the bridge. The ship will be underway with some of the debris still on its bow and it must go the USCG says from terminal to terminal not holding offshore to wait for a space. Late on Thursday, the International Seafarers Center said the departure is tentative set for 1800 on Friday.
While the Dali will be moving under its power for the voyage which is estimated to take 16 to 20 hours, the vessel will be accompanied by a small flotilla for safety. The USCG told The Baltimore Sun there will be four tugs accompaning led by a U.S. Coast Guard cutter. Resolve Marine will also supply an escort with the USCG saying one goal was to monitor to confirm nothing falls from the vessel. If it does the escorts will make it possible to immediately mark the debris for recovery.
Lawyers Ask Court to Block Departre from US of First Eight Crew from Dali
Dali has been docked for a month in Baltimore after the removal (USCG photo)
The crew of the containership Dali which knocked down the Francis Scott Key Bridge in Baltimore remains at the center of the brewing legal battles 85 days after the ship hit the bridge. So far none of the approximately 22 crewmembers have been permitted to leave Baltimore and now lawyers for the plaintiffs including the City of Baltimore are asking the U.S. District Court to block the departure of the first crewmembers as part of an effort by the vessel’s operator to arrange for a replacement crew.
The Dali remains in Baltimore at the Seagirt terminal where she was moved after the bridge debris was removed last month. Work is ongoing on the salvage of the vessel removing more containers and debris, but the crew remains aboard nearly three months after the allision with the bridge.
Lawyers for the vessel’s operator, Synergy Marine and owners Grace Ocean informed the plaintiffs in an email on June 18 that eight of the crewmembers were scheduled to leave the vessel for return to their homes in India and Sri Lanka. The list consists of eight individuals, including three ABs, one ordinary seaman, an oiler, a fitter, a cook, and a general steward.
The plaintiffs are objecting citing an email from April that said they would be given notice and there would be provisions for interviews or depositions before any crewmembers left the ship. In the court filing, they argue that if these individuals are permitted to leave “claimants may never have the opportunity to question or depose them.”
The crewing company says these individuals' time is up and they are arranging for replacement crewmembers for the vessel. Further, they reported they inquired with the U.S. Coast Guard to waive CBP (Customs and Border Protection) restrictions to permit the crew to remain temporarily in the U.S. and it was refused. All the crewmembers have already been interviewed by the Department of Justice, the notice states, and there is no objection to their departure from the United States. The plan was to transfer the crew possibly as early as tomorrow, June 20, from the ship directly to the airport.
The plaintiffs asked for an emergency hearing now scheduled for June 20, and the judge ordered Grace Ocean and Synergy Marine “not to facilitate” the departure of any crewmembers. The court also instructed the United States not to deport the crewmembers before the hearing.
The court notes it is unclear if it can retain the crewmembers while also saying that there was no time for the opposing parties to be heard and seek relief. They also note the plaintiff’s lawyers cited minimal authority that supports the request.
In the past in lesser cases such as MARPOL violations, the U.S. has ordered crewmembers to remain in the United States to provide testimony. These waits can stretch into months or even a year or more despite objections from lawyers for the crewmembers. In this case, the lawyers for the crewmembers said they will advise the individuals to invoke the Fifth Amendment of the U.S. Constitution which provides the protections against self-incrimination (i.e. the right to remain silent).
Seamen's Church: Dali Disaster Highlights Crew Welfare Lesson Learned
The Dali has been refloated and removed, but the crew remain aboard (Courtesy U.S. Coast Guard)
The tragic allision of the Dali container ship with the Francis Scott Key Bridge in Baltimore highlights the often-overlooked humanitarian impact of maritime incidents and the mental pressures faced by seafarers. The first seafarer charity on the scene, the Seamen’s Church Institute (SCI), is advocating for increased support for affected crew members. The SCI team found a traumatized crew aboard the Dali and is urging leaders in maritime and regulatory bodies to consider the human impact when undertaking a presumably lengthy but necessary investigation.
The Rev. Mark Nestlehutt, president and executive director of SCI, emphasizes the importance of making swift decisions regarding the 21 crew members, including their return home and potential legal consequences.
“While the logistics of wreckage removal and ship movement are crucial, we must also prioritize the crew who have endured significant trauma since the accident,” he says. The crew have been deeply affected by the loss of six construction workers and deserve a measure of empathy and support.
“Imagining ourselves in their position helps us understand their constraints and the pressure they are under," he adds.
The 21 seafarers - 20 Indians and one Sri Lankan - are being well cared for by Synergy Marine, the vessel's management company. But despite receiving support they have been confined to the ship since March 26, unable to take any break away from the scene.
“The uncertainty they face about seeing their families again and the looming investigation are major stressors,” explains Mr. Nestlehutt. “With the final report potentially taking two years, consideration and clarity on their situation is important.”
Mr. Nestlehutt suggests that U.S. authorities, including the US Coast Guard, FBI, and National Transportation Safety Board, consider expediting decisions regarding the crew’s status, perhaps determining which crew members are essential to the investigation and allowing others to return home. "With some of their contracts ending over a month ago, these seafarers are now looking at extended stays on the vessel, and that can cause distress and impact mental health," he says.
The COVID-19 pandemic underscored the detrimental effects of prolonged and extended vessel confinement on seafarers' mental health. Consequently, renewal of the crew’s visas and permitting non-essential members to take shore leave would offer much-needed relief. Currently, expired visas prevent them from stepping ashore in Baltimore, which exacerbates their predicament.
After the March 26 collision, SCI's proactive response included the deployment of chaplains trained in Critical Incident Stress Management within a week of the accident. Additionally, in the following weeks, SCI provided chaplain associates who speak Hindi and Tamil, ensuring that the crew received culturally and linguistically appropriate support.
The Dali disaster can be considered a call to action for the maritime industry and regulatory bodies to enhance their response protocols for seafarers in distress. By prioritizing their well-being and expediting necessary decisions, we can demonstrate our commitment to those who keep global trade moving, even in the face of adversity.
The opinions expressed herein are the author's and not necessarily those of The Maritime Executive.
