What is Agent Orange?
Agent Orange is a defoliant herbicide
mixture used during the Vietnam War to destroy forests in Vietnam. The United
States sprayed 20 million gallons of Agent Orange over forests in
Vietnam, and as a result, members of the armed forces were exposed to
it. Agent Orange, so-called from the orange color of its storage drums,
is a 50:50 mixture of the butyl esters of 2,4-D and 2,4,5-T. It is probable
that damage to humans would be due to the highly toxic impurity 2,3,7,8-tetrachlorodibenzo-p-dioxin,
often simply called dioxin, present in Agent Orange.
- On February 22, 2008 the U.S. Second Circuit Court of Appeals affirmed a lower court's dismissal of civil cases brought by veterans and their relatives. For this reason we are unable to respresent veterans in lawsuits against chemical companies involving the use of Agent Orange in Vietnam.
- Veterans Will Not Be Able To Sue Chemical Companies
- On February 22, 2008, the U.S. Court of Appeals for the Second Circuit in New York issued opinions affirming a dismissal of the Isaacson and Stevenson cases, as well as other civil cases brought by veterans and their relatives over the use of Agent Orange in Vietnam.
- Agent Orange Compensation and Litigation
- The present legal situation is that any newly-filed Agent Orange case would likely end up in the federal court system and eventually make its way to Judge Weinstein's courtroom as part of the federal court case entitled In re "Agent Orange" Products Liability Litigation, which is also known as Multi-district Litigation (MDL) No. 381. An appeal was filed in 2005 on behalf of the veterans and oral arguments were heard in June 2007 in the Second Circuit Court of Appeals on Judge Weinstein's Military Contractors Doctrine ruling in favor of the chemical companies.
- Court Decision Allows Vietnam Vets to Sue Manufacturers
- In 1984, Agent Orange manufacturers
Dow Chemical, Monsanto (now Solutia), Diamond Shamrock, Hercules, Uniroyal,
and and others agreed to a class action settlement of $180 million to be
paid to Vietnam veterans exposed to Agent Orange during the Vietnam war,
and funds were distributed between 1988 and 1996. A recent US Supreme Court decision allows Vietnam Vets diagnosed on or after January 1, 1995 to sue manufacturers.
- Agent Orange Background
- About 3 million Americans served in the armed forces in Vietnam during the Vietnam War. The mission, known as Operation Ranch Hand, involved spraying 20 million gallons of Agent Orange over roughly 3.6 million acres of Vietnamese land to remove forest cover, destroy crops, and clear vegetation from US bases.
- Agent Orange Cancers and Diseases
- Agent Orange has been linked to cancers
and other diseases in several epidemiological studies. The Agent Orange cancers
and diseases include prostate cancer, respiratory cancers, (lung, trachea/bronchus,
larynx), soft-tissue sarcoma, non-Hodgkin lymphoma, Hodgkin disease, chronic
lymphocytic leukemia (CLL), and multiple myeloma.
The Agent Orange Act of
1991 directed the Secretary of Veterans Affairs to ask The Institute of Medicine
at the National Academy of Sciences to form The Committee to Review the Health
Effects in Vietnam Veterans of Exposure to Herbicides.
- Department of Veterans Affairs Agent Orange Website
- The Department of Veterans Affairs has developed
a comprehensive program to respond to Agent Orange related medical problems
and concerns. Elements of the program include healthcare services, disability
compensation for veterans with service-connected illnesses, scientific research,
and outreach including education.
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