Nonetheless, with the government denying any responsibility, The Dow Chemical Company is still one of the prime targets because of its large production of Agent Orange and its continuous involvement with the military throughout the company’s history. Barinaga, Marcia. “Agent Orange: Congress Impatient for Answers.”
He later contacted Edward Gorman, an attorney in Long Island, New York, to sue the chemical manufacturers of Agent Orange. Gorman filed a $10 million lawsuit on Reutershan's behalf against three of the chemical manufacturers of Agent Orange: Dow Chemical Co., Monsanto, and Diamond Shamrock.
In a product liability case, like In re Agent Orange, the injured party must show that the actions of the party they are suing caused the injuries. Further, in liability cases involving toxic substances, the injured party must show that a specific substance produced by a specific company caused their injury.
In May 1979, the court granted their petition and assigned the case titled In re Agent Orange Product Liability Litigation to Judge George C. Pratt of the United States District Court for the Eastern District of New York in New York City.
Many Vietnam War veterans suffer from devastating illnesses caused by their exposure to Agent Orange and we are gratified that the U.S. Supreme Court has recognized the right of these veterans to sue for the injuries they received when serving our country.”
Dow Chemical and Monsanto were the two largest producers of Agent Orange for the U.S. military and were named in the suit, along with the dozens of other companies (Diamond Shamrock, Uniroyal, Thompson Chemicals, Hercules, etc.).
As a result of the FY21 National Defense Authorization Act, VA added three new conditions that are related to exposure to Agent Orange and other herbicides: bladder cancer, hypothyroidism, and Parkinsonism (also known as Parkinson-like conditions).
Agent Orange was a herbicide mixture used by the U.S. military during the Vietnam War. Much of it contained a dangerous chemical contaminant called dioxin. Production of Agent Orange ended in the 1970s and is no longer in use. The dioxin contaminant however continues to have harmful impact today.
During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each.
the U.S. Air ForceFrom 1962 to 1971, the U.S. Air Force sprayed nearly 19 million gallons of herbicides in Vietnam, of which at least 11 million gallons was Agent Orange, in a military project called Operation Ranch Hand.
There are three ways to apply for VA disability benefits based on Agent Orange exposure:Online, using the VA.gov website.Over the phone, with the help of a VA representative or agent.In person at a regional VA office.
A single veteran can receive up to $39,984 (2022) per year in tax-free benefits from the VA due to their exposure to Agent Orange and resulting medical condition. A married veteran, or veteran with dependents such as a child or dependent parent can receive $42,214 (2022) or more.
one of the diseases, or residuals of one of the diseases, that the VA recognizes as linked to Agent Orange exposure (see below) the recognized disease is rated at least 10% or higher, and. for certain diseases, the illness developed within a certain time period after the last day of service in Vietnam.
Fatty foods such as meat, poultry, seafood, milk, egg and their products are the major dietary sources of dioxins. Accidental exposure to large amount of dioxins could lead to the development of chloracne, a skin condition, excessive body hair and other skin lesions such as skin rashes and skin discolouration.
Agent Orange has a short half-life of days and weeks after application to vegetation, and has not been found to persist, after 50 years, in the water or soils of southern Vietnam.
Phu Cat AirbasePhu Cat Airbase Over 3.5 million liters of Agent Orange were located on the Phu Cat base during the American war in Vietnam. Several areas of the Phu Cat base were found to have elevated levels of dioxin requiring remediation (above 1000 ppt in soil or 150 ppt in sediment).
During the war, Dow, Monsanto and other companies were compelled by the U.S. government to produce Agent Orange under the U.S. Defense Production Act of 1950. The government strictly controlled the transport, storage, use, and the specifications to which Agent Orange was to be manufactured exclusively for the military.
Dow Chemical actually produced an Agent Orange that was less toxic compared to many of the other companies, so they did not suffer as heavily financially from the settlement.
Answer and Explanation: Roundup, a popular herbicide created by Monsanto, is similar to Agent Orange in that both chemicals overstimulate the growth of plants, causing... See full answer below.
Dow ChemicalIn 1965, Dow Chemical, a Michigan-based chemicals manufacturer, was awarded a $5 million Department of Defense contract to produce napalm, a highly incendiary chemical used by American troops during the Vietnam War.
Dow also firmly believes that historic wartime issues , including the use of Agent Orange, are appropriately a matter of resolution by the governments of the United States and Vietnam.
Agent Orange was used to aid U.S. and allied troops by stripping away dense foliage that could conceal enemy combatants. During the war, Dow, Monsanto and other companies were compelled by the U.S. government to produce Agent Orange under the U.S. Defense Production Act of 1950.
Dow's Position. Dow has great respect for the men and women who served in the Vietnam War and the others who were affected by it. The U.S. government bears the responsibility for its own military actions, including the development and use of Agent Orange in Vietnam.
Moreover, decades of study relating to Agent Orange have not established a causal link to any diseases, birth defects or other transgenerational effects. Notably, the extensive epidemiological study of veterans who were most exposed to Agent Orange does not show that such exposure causes cancer or other serious illnesses.
The lawsuit contended agent orange caused ailments, including birth defects and cancer.
Monsanto said that “as we have always maintained, issues related to the military’s use of agent orange during the Vietnam War are best left to the appropriate governments to discuss and resolve.”
chemical companies brought by Vietnamese plaintiffs over the use of the defoliant “agent orange” during the Vietnam War.
The plaintiffs had sought class-action status for millions of Vietnamese people in a case that, if successful, could have resulted in billions of dollars in damages and the costs of environmental cleanup in Vietnam.
In 1984, seven chemical companies, including Dow and Monsanto, agreed to a $180 million settlement with U.S. veterans who claimed that agent orange caused health problems.
The United States has maintained there is no scientifically proven link between the wartime spraying and the claims of dioxin poisoning by more than 3 million people in Vietnam. The U.S. government, which claimed sovereign immunity, was not sued.
Due to the health problems that Agent Orange has caused, many lawsuits have been filed. The blame for these problems primarily went to the chemical companies. They were attacked for producing the chemicals that the government paid them to make. A major case in the early 1980’s would take place. In the early 1980’s the veterans affected by Agent Orange got together in order to sue the chemical companies that produced the chemical for the war. The plaintiffs amounted around 30,000. The tens of thousands of plaintiffs were to be represented by a panel of nine that had strong cases to make. On the defendants side was seven major chemical companies, one of the major ones was The Dow Chemical Company. They were represented by major law firms. The government itself was also ordered to become a defendant. It was thought that the trial itself would last around half a year, while other litigation would tie up other courts for years. Legal fees alone could reach $100 million (Chicago Tribune, 1984).
Agent Orange was produced from 1962 to 1971. The military would use it by spraying it out of airplanes and covering areas with the chemical. The purpose was to defoliate vegetation and prevent growth of crops in the future. Another use was to kill vegetation and open up supply lines (Frey, 2013).
Nonetheless, with the government denying any responsibility, The Dow Chemical Company is still one of the prime targets because of its large production of Agent Orange and its continuous involvement with the military throughout the company’s history.
The Dow Chemical Company is one of the largest chemical companies in the world, with its headquarters and main plant in Midland, Michigan. It is an international company that has made an effect around the globe. Dow deals with many chemicals, but is largely known for its work with plastics.
It also led to involvement with World War 2. This was mostly with magnesium for airplanes and due to a rubber shortage Dow’s research in synthetic rubber became very useful in the war. After both World Wars Dow Chemical proved it was useful for the military’s chemical needs.
Agent Orange still has a terrible prolonged effect on both Vietnamese civilians and American veterans. The estimated 12 million gallons that were dumped in Vietnam still affect the soil in Vietnam, disabling it from plant growth and has given people in those areas various health problems (Arnold, 1995). Nearly one seventh of Vietnam was covered with the chemical (Hynes, 2011). Many of the areas sprayed have lost all vegetation or have poor growth on the surface. It could take hundreds of years for the habitat to regenerate back to what it was before the war (Mirer, 2011).
Planes Spraying Agent Orange in Vietnam (Business Insider) The controversy started during the Vietnam War when the United States military had Dow Chemical produce chemicals for the war. Dow legally became a contractor for the government, which becomes important in the eventual legal battles (Hynes, 2011).
The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation - a class action lawsuit brought by Vietnam Veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam Veterans to chemical herbicides used during the Vietnam war . The suit was brought against the major manufacturers of these herbicides. The class action case was settled out-of-court in 1984 for $180 million dollars, reportedly the largest settlement of its kind at that time.
The Settlement Fund closed in 1997. Below is a brief history.
companies Dow Chemical and Monsanto, now owned by Germany's Bayer.
So far, only military veterans from the United States and other countries involved in the war have won compensation over Agent Orange. In 2008, a U.S. federal appeals court upheld the dismissal of a civil lawsuit against major U.S. chemical companies brought by Vietnamese plaintiffs.
In a statement, Bayer said it welcomed the court's decision while saying it had "great sympathy for Ms. Tran To Nga and all those who suffered during the Vietnam war".
Tran To Nga, a French-Vietnamese woman, who claims she was a victim of Agent Orange, reacts during a news conference in Paris, the day after a French court threw out her lawsuit against more than a dozen multinationals that produced and sold the toxic herbicide used by U.S. troops during the war in Vietnam, France, May 11, 2021.
Reuters could not immediately see the ruling. One of Tran's lawyers, William Bourdon, said in a statement on Twitter that the court was applying an obsolete definition of the immunity of jurisdiction principle which contradicted modern principles of international and national law.
government, are not responsible for the alleged damage claims associated with the government's use of such product during wartime".
Agent Orange was an herbicide used by the U.S. Military in Southeast Asia to kill vegetation throughout Vietnam, Laos, Cambodia, and other locations. It is not a commercial herbicide, but rather a tactical chemical used for warfare.
Military service in Vietnam and elsewhere exposed millions of American servicemembers to toxic chemicals, one of the most damaging of which was Agent Orange. This herbicide compound emitted a carcinogen that has left many veterans with serious health problems. Additionally, their children may have been born with birth defects.
If you were exposed to Agent Orange in Vietnam, contact our Jackson chemical exposure attorney or call us at 601-202-2222 to schedule a free consultation regarding benefits you may be able to receive.
Vietnam veterans may be eligible for compensation and health care for certain diseases associated with Agent Orange, the defoliant sprayed to unmask enemy hiding places in the jungles throughout Vietnam.