Appeals court affirms dismissal of ‘agent orange’ cases
A federal court on Friday handed a defeat to military veterans, their families and Vietnamese nationals who sued Dow Chemical Co., Monsanto Co. and other chemical makers over the use of “agent orange” during the Vietnam War.
The U.S. Court of Appeals for the Second Circuit in New York issued a trio of opinions affirming lower court dismissals of 16 unconsolidated civil cases brought by veterans and their relatives; and another filed by the Vietnam Association for Victims of Agent Orange/Dioxin.
In opinions filed Friday, the court said that Creve Coeur-based Monsanto and fellow makers of herbicides that comprised “agent orange” were covered by the “military contractor defense” — legal protection from tort liability granted to independent contractors in their fulfillment of government procurement contracts.
In the case of the Vietnam Association, the court also said the use of agent orange was not a violation of international law because it was not used as a weapon against people. Rather, it was used to clear vegetation surrounding U.S. military outposts in order to protect troops from ambush.
Plaintiffs in all of these cases claim that they developed cancers and other ailments as a result of exposure to the chemicals. Agent orange, a mixture of two herbicides, also contained harmful dioxin that was a byproduct of their manufacture.


Our government is pathetic.