Agent Orange Litigation

Agent Orange was the code name for a herbicide used by the United States military during the Vietnam War. Agent Orange was used to defoliate trees and bushes to reduce cover for enemy forces. Almost 20 million gallons of Agent Orange were sprayed over the South Vietnam countryside during the war. Several hundred thousand soldiers were exposed to Agent Orange, which contained a toxic by-product known as dioxin. Some veterans who returned from the war began complaining about a variety of ailments.

Class Action Suit

In 1984, a class action suit was filed against the chemical companies that manufactured Agent Orange. The lawsuit was settled, and a fund was set up to provide compensation to veterans who suffered illnesses as a result of their Agent Orange exposure. The funds were distributed by 1994. Approximately 50,000 veterans received compensation. However, thousands of veterans had not yet been diagnosed with serious illnesses, including cancer, which often took more than 20 years to develop.

Injuries Developed after Class Action Settlement

Two veterans developed injuries after the settlement date. They filed class action suits against the chemical companies that manufactured Agent Orange. Their lawsuits were dismissed because the courts ruled that the settlement prevented future suits by veterans. In 1998, a veteran who had regular contact with Agent Orange was diagnosed with bone marrow cancer. He filed suit against the chemical companies that manufactured Agent Orange. His lawsuit was joined with that of another veteran who had sprayed Agent Orange during his Vietnam years. The cases were dismissed. On appeal, the court of appeals held that the 1984 global settlement of the class action against the manufacturers Agent Orange did not bar a product liability suit by a veteran whose injuries became apparent only after the settlement fund was completely exhausted. In June 2004, the United States Supreme Court upheld the decision. The case was sent back to the lower federal court where it is currently pending.

Diseases Associated with Agent Orange

Here is a list of some of the diseases that are on Veteran's Affairs' Agent Orange list: diabetes, leukemia, Hodgkin's Disease, prostate cancer, respiratory cancers, skin cancer and spina bifida. The National Academy of Sciences has connected Agent Orange with these diseases, some of which can take longer than 20 years to manifest.

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