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.
I was not aware that there was a lawsuit pending over Agent Orange and it’s effects. I was a kid in the 1960’s living on an army post in which I believe to this day, was testing Agent Orange on it’s military families. I remember distinctly being called to come inside by my parents because the supposed “fogger trucks” were coming around and that we couldn’t stay outside while they were spraying. I’ve never asked my parents directly if those trucks were releasing Agent orange to this day, however I did indirectly ask them and at least one of my parents didn’t deny it.
I believe that those who pursued this case had every right to because I do believe that it also effected my siblings and I in hindsight. The problem that my siblings and I have are usually seen in many families in which would effect just a couple of children in the family. Unfortunately, it has effected all of us.
It’s amazing how our wonderful military can reach out and touch anyone they want to and even shorten the lives of any one they so choose. This verdict is pitiful! I’ve lost a brother at age 27 which could have possibly been caused by Agent Orange indirectly.
In summary, I will never allow anyone in my family to ever join any branch of our armed forces in this country.
Again our Government is srewing the Vet,s & people that fight for this country. Vote their ass out of office. Enough Is Enough. G.R. Vietnam Vet.
I dont think that the companies should have been sued. They provided a service that they were paid for, it isnt their fault that are government went against every recommendation and used their product in a way that hurt people. The government should be paying for this. It is like this - are you going to sue Ford or Chrysler because someone used their car wrong and killed your spouse? No. You sue the person that is stupid and did the wrong doing. Our government has always screwed our vets and continue to do the same with the new ones from the war now!! When are we going to hold them responsible???
I hear over and over again how the government cuts funding to Veteran programs, short pays current military personnel, over taxes them, errors that are never corrected.
Our VA hospitals are awful and disrespectful. The medical care that Veterans have to BEG for is less than acceptable. Let the President receive ALL his medical treatments at John Cochran Veterans Hospital on Grand. If it’s good enough for our local veterans, it should be good enough for him.
Our “government” no longer behaves with respect, honor, loyalty, or even common decency toward our veterans, so is there really any surprise that the armed forces can’t meet their recruitment goals? Why would anyone want to join the military when in the end, they or their lives are not respected, valued, appreciated or honored?
My father, a Korean war veteran, honorably discharged is buried in Jefferson Barracks with a FLAT, GRAY headstone that sinks into the ground and has to be dug back up every year. The Regan Administration felt that my father and his service to America were no longer WORTH the cost of a white marble headstone. He is buried in one of the farthest back sections (LL) of the graveyard so the shame of our government’s cheapness can’t be seen by those passing by. About a year later, after coming under extreme criticism for those headstones, the cemetary went back to the white tombstones; but sorry Dad, you died at the wrong time, so you’re going to be screwed for all eternity. They have refused to replace his awful, cold, gray, cheap headstone. We were told and I quote, “He’s buried in a National Cemetary, you should be happy with that.” Ah, yes, dead and disrespected, just what I’m sure he expected when he joined the Navy.
Military personnel sign up to serve and protect our country, and they dedicate their lives to this end. By exposing troops to chemical and or biological weapons which are clearly meant to harm the enemy, we put them at unfair risk. Our military personnel do NOT sign up to be slowly poisoned to death. Many exposed veterans have died from Agent-Orange related disease, and our government has repeatedly turned its back on these brave men and women. Citizens need to begin demanding that our professional military be cared for. They held up their commitment to the U.S. and put their lives on the line, and it is time the U.S. upheld it’s commitment to them. It is the least we can do for those who give so much. Shame, shame, shame on the Court of Appeals.
Dow and Monsanto - Figures. Dow neatly got out of the silicone breast implant mess by making sure the Dow-Corning joint endeavor took the brunt and Monsanto is the front-runner in cornering the food market with its genetically modified crops, treated seeds, and herbicides which are the only ones the genetically modified crops can withstand. The government is bad because it is controlled by these giant corporations. President Eisenhower warned against the Military-Industrial Complex, but too few listened. We’ll all be slaves to these few multinational corporations in the near future.
Larry is a Vietnam vet served with the 5th special forces Nha Trang Vietnam..
1969.. The best!!
Now 2008
Larry a SF Vietnam Vet disabled from agent orange..
Larry has lost his home his wife and his savings..
Larry was never told about agent orange untill over 30+ yrs later.
Dial 1 800 ..Sorry it is too late about special forces larrry.
Do not Enlist!!!!