Environmental Injury Attorney

Agent Orange

On June 9, 2003, the U.S. Supreme Court made a decision to continue the Vietnam veterans’ suit, Dow Chemical Co. v Stephenson, allowing victims of various cancers and other serious illnesses who served in the Vietnam War to pursue claims against the manufacturers of Agent Orange despite a 1984 class action settlement from those manufacturers. In this settlement, the manufacturers agreed to pay out $180 million, which lasted until late 1994. The Supreme Court let stand the 2nd Circuit’s decision that the constitutional rights of Vietnam veterans were violated by this 1984 class action settlement. The Supreme Court was forced to decide whether the veterans’ cases were ended by that 1984 class action, or whether the veterans who first became ill after all the funds were depleted can still file suit as a result of their constitutional rights being violated by a settlement they had no idea existed. The Court denied the arguments from Dow Chemical Co. and Solutia Inc. (formerly Monsanto) that the settlement was final. The Supreme Court said that to deny late injured veterans the right to seek compensation for their injuries would be unconstitutional.

Of the 2.6 million veterans who served in Vietnam, approximately 50,000 received compensation from the 1984 class action settlement before its funds ran out in 1994. At the time of this settlement, thousands of veterans had not yet been diagnosed with the cancers and other disabilities that the National Academy of Sciences (NAS) would link to Agent Orange and which often take over 20 years to develop. This decision by the Supreme Court opens the door for thousands of these veterans to bring suit against the manufacturers who caused their illnesses.

Agent Orange Background
Agent Orange was a herbicide used by the U.S. Military in the Vietnam War to clear dense forests that provided cover for enemy forces. It was frequently used during the height of the war between 1965-70. It is estimated that over 20 million gallons of the herbicide was used over 6 million acres during that period.

Agent Orange was a mix of four chemicals: 2,4-D (dichlorophenoxyacetic acid), 2,4,5-T (trichlorophenoxyacetic acid), cacodylic acid and picloram. 2,4,5-T was contaminated with dioxin during its manufacturing process. This ingredient has been known to cause cancer in lab animal tests.

The Department of Veterans Affairs (VA) estimates that 2.6 million American personnel served within the borders of South Vietnam during the war. More and more studies have revealed that Agent Orange has caused a long list of serious illnesses among veterans years after their military service was completed.

The following diseases are now on the VA’s Agent Orange list:

• Chloracne
• Hodgkin’s disease
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Porphyria cutanea tarda
• Respiratory cancers (lung, bronchus, larynx and trachea)
• Soft-tissue sarcoma
• Acute and subacute peripheral neuropathy
• Prostate and adult-onset diabetes
• Chronic lymphocytic leukemia (CLL)
  

The VA has offered special access to health services and studies since 1978 when it initiated a medical surveillance program for Vietnam vets with these health concerns. By 1981, the VA offered priority medical care for the vets with health problems linked to Agent Orange exposure. This program continues on today.

Exposed Veterans Today
As early as 1962, the U.S. used various herbicides to clear the dense forests of Vietnam. Others included Agent White and Agent Blue, but none other was more toxic and widely used than Agent Orange. According to the VA, over 80 percent of the defoliant spraying during the war involved Agent Orange, and it was used between January 1965 and April 1970.

Considering the ages listed below, Vietnam veterans who were exposed to Agent Orange, during their military service between 1965-1970, would be approximately 51-73-years-old today.

Current Age of 18-year-old Soldiers During Agent Orange Exposure

Current Age of 35-year-old Soldiers During Agent Orange Exposure

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