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No Justice for Victims of Agent Orange
Court Turns Down Agent Orange Cases
WASHINGTON - The Supreme Court has turned down American and Vietnamese victims of Agent Orange who wanted to pursue lawsuits against companies that made the toxic chemical defoliant used in the Vietnam War.
The justices offer no comment on their action Monday, rejecting appeals in three separate cases, in favor of Dow Chemical, Monsanto and other companies that made Agent Orange and other herbicides used by the military in Vietnam.
Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans.
The American plaintiffs blame their cancer on exposure to Agent Orange during the military service in Vietnam. The Vietnamese said the U.S.' sustained program to prevent the enemy from using vegetation for cover and sustenance caused miscarriages, birth defects, breast cancer, ovarian tumors, lung cancer, Hodgkin's disease and prostate tumors.
All three cases had been dismissed by the 2nd U.S. Circuit Court of Appeals in New York.
The appeals court said that lawsuit brought by the Vietnamese plaintiffs could not go forward because Agent Orange was used to protect U.S. troops against ambush and not as a weapon of war against human populations.
The other two suits were filed by U.S. veterans who got sick too late to claim a piece of the $180 million settlement with makers of the chemical in 1984. In 2006, the Supreme Court deadlocked 4-4 on whether those lawsuits could proceed.
The appeals court ultimately said no to both. In one case, the court said companies are shielded from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products.
In the third suit, the appeals court ruled that the companies could transfer claims from state to federal courts.
The cases are Isaacson v. Dow Chemical Co., 08-460, Stephenson v. Dow Chemical Co., 08-461, and Vietnam Association for Victims of Agent Orange v. Dow Chemical Co., 08-470.
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6 Comments so far
Show AllThis is truly despicable and quite a travesty of justice. I, however, am not surprised by anything which goes on in this country any more.
Peggy
From the Johnstown Flood to Bhopal and Libby, Montana the corporations always manage to evade the performance of their obligations.
Why aren't the military and the Department of Defense helping these veterans?
The Department of Defense could care less about human life. "The Mission" and its accomplishment is more important than anyone's life or any population's lives. "The Mission" is and has always been "World Hegemony", better known as "World Domination".
58,000 soldiers died in Viet Nam. Recent statistics show that almost 1 million Viet Nam Vets have died since the Viet Nam War. What has caused the death of so many men between the ages of 50 and 70 years old? Old is now considered to be 85 years old.
Two of my friends who served in Viet Nam have died of cancers contracted from contact with "Agent Orange".....The Deparment of Defense has used: Agent Orange, Agent Pink, Agent Purple, Phosphoous Bombs,Depleted Uranium bombs and munitions, and Cluster Bombs.......All of the chemicals used produce side effects in humans and DOD knew that....
The Vietnamese never threatened to attack the United States and were never a threat to attack. Over 3 million Vietnamese died
The Iraqi people never treatened to attack the United States and were never a threat to attack. Over 1 million Iraqis are now dead and over 4 million homeless.
If there were an independent investigation of 9/11, the American People would have learned: that there were "Stand Down Orders" given so that attacks of 9/11 could move forward, that DOD's "Abel Danger Group" was well aware of Mohammed Atta and that evidence was destroyed, that the video tapes from the Pentagon and the attack of 9/11 have also been taken care of just as the video tapes of the torture at Guantanamo.
The Department of Defense budget should be cut by 50%.....The War on terror was a creation to have a "Never Ending War"......A terrorist act is a criminal act of violence against civilians in retaliation or out of anger or hate. Had the attacks of 9/11 been treated as the murder of almost 3,000 people, the murder scene would have been sealed off and all evidence collected. Then independent investigators would have been able to gather the evidence of explosives. Instead the FBI, who had an informant living with two of the terrorists, was allowed to get rid of all the evidence: from video tapes to steel beams.
Nope, the Department of Defense could care less about its veterans and the damage those chemicals have done.
America only statrs wars. Then they move on to the next war with no regard for those still suffering.
Hoa binh
I guess the ongoing illnesses in Viet Nam are ongoing 'collateral damage'.
Sorry about your country now and for the foreseeable future - tough luck. We only did it to save the people ostensibly saving your way of life. Have a good quality of life - NOT!!!!!
But I could be wrong !