Lawsuit Was Ended Yesterday In San Francisco

[Testvet]

Our case was about Moral Bankruptcy and anyone, other than the legal system, could see its validity.

It appears we are not going to trial because most of the case has been disposed of in the attached judgment. We prevailed in the Duty to Warn issue, but will they faithfully follow-up?

Today is my birthday and it is not a happy one. However, we all need to put this these issues aside now, as there can be no resolution, just bitterness, and that is not good for any of us so I advise that you let it go.

I believe the plaintiffs did their best as did the lawyers in this uphill battle.

Best Regards to all of you, Eric

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I received that e mail with an attachment which is way to long to copy and paste in the note here. I do not know how long it will take them to post it, to the website where they post the legal documents about the case. It was supposed to start the trial next week, but this was published yesterday. Pretty much it ends that we can now talk about the tests and they promise if they learn in the future that we were harmed by any of the substances they will "notify" us so we can seek treatment. No one did anything wrong, no one will be held accountable, and the vets can go pound sand. Please go back to dying and be quiet while you do it. Thank You

Edited July 26, 2013 by Testvet

[Berta]

Very BAD news!

Here is some background on this case:

Morrison & Foerster (aka MOFO) is one the best law firms in the US of A.,

Nothing at their site yet on this......or in San Francisco online news.....

“No one did anything wrong, no one will be held accountable, and the vets can go pound sand.”

Sounds like the mantra for every unconscionable travesty that so many of our nation's veterans go through Mike....

To include the claims process.

Nothing yet at Swords to Plowshares:

http://www.swords-to-plowshares.org/ or from Colonel Dan.

[jbasser]

This needs to be challenged as a Human Rights violation. THese folks have built a wall to block any attempts to tell the truth. Meanwhile these exposed vets are dying because of the exposure.

J

[Testvet]

Berta, you do remember that I put most of the veterans together that were used as the 6 plaitfiffs, I was posting stuff everywhere back in 2005 and 2006, most of them would see the posts here, VBN, and Daily Kos and some of the magazine articlles, and I would send them to Eric Muth.

I was just as satisfied using my PTSD to get SC and to 100%, some of these guys were determined to make the govt admit they had abused us, and looked at PTSD as the easy "cop out" me I had enough stressors besides being used as a human lab rat that I had no feelings of being "weak" . I have spent the past decade telling myself I should not have "sucked it up" from 1982 when I left active duty to Jan 2003 denying I even had PTSD. My ex wives and kids paid for me "sucking it up" I seem to have ruined everyone's life around me before 2003.

I did not make the same mistakes with Dori, she has been to every mental health appointment I have had except the C&Ps when they would not let her in. She goes to all my doctor appts and she has been a 24/7 care giver since I was put out on disability for my heart problems in Oct 2002. Her dad was also a Nam Vet and Korean War veteran so she has lived around PTSD her entire life so she knew what she was getting into, she knows when to pull the rug out from under me and when to let me blow up and vent.

I am afraid a lot of the vets who refused to admit they have PTSD from being used as a lab rat will now see their claims denied for mental health reasons related to the human experiemnts at Edgewood Arsenal, Alaska, Alabama, Fort Bragg, and every where else the military did them. They will deny them as being filed only for compensation gains and nothing more, forget all the known toxins they were exposed to, as the VA stated we veterans can NOT prove we had any exposure to a specific toxin at a level high enough to cause a specific medical issue, who cares what the EPA found in the drinking water.

I think "pride" will have cost them any shot at compensation. I know it's nice to have people ackonwledge what was done to the "test vets" was wrong, as Justice Sandra Day O'Connor did in the Stanley vs U.S. Army http://www.nytimes.com/1987/06/26/us/high-court-bars-suits-by-those-in-the-military.html?pagewanted=all&src=pm

Justice Sandra Day O'Connor, writing a separate dissent, stated:

No judicially crafted rule should insulate from liability the involuntary and unknowing human experimentation alleged to have occurred in this case. Indeed, as Justice Brennan observes, the United States played an instrumental role in the criminal prosecution of Nazi officials who experimented with human subjects during the Second World War, and the standards that the Nuremberg Military Tribunals developed to judge the behavior of the defendants stated that the 'voluntary consent of the human subject is absolutely essential ... to satisfy moral, ethical, and legal concepts.' If this principle is violated, the very least that society can do is to see that the victims are compensated, as best they can be, by the perpetrators.

The Department of Defense and other government agencies have spent millions of dollars over the past 40 years to keep from admitting liability, or that any damage was done to these veterans. They have never said the "veterans were not harmed" they only claim they are not at fault in it and they should not be held accountable.

This will probably be the last heard from these veterans, there are no more avenues of attack, the lawyers went down rabbit holes I am amazed they even found,. Paper files at Dugway, into the paer files at Edgewood and Aberdeen, the SOD office files at Fort Detrick, CIA paper files, VA records on tests and substances that was done on VA grounds or the VA provided the substances for the experiments to other agencies. These lawyers went the "extra mile" good thing they had real jobs that paid them while the case meandered thru the system.

I think it's time for me to enjoy what few days I have left, my wife is dealing with the VARO trying to get the housing grant so we can expand the bathroom and bedroom. If they grant the housing award then we will finally be able to get mortgage insurance which we would be more than willing to pay for, since we can not buy any type of insurance, life, medical or mortgage because of pre-existing conditions, some of them SC and some not but the SC ones are the only relevant part of this, because of the PTSD and cardiac issues I can't buy any insurance so now we see if we can't get it from the VA.

It is sad that once we become SC we can not buy insurance on the "free market" and the VA severly limits what is available from them to purchase. Me I am enjoying the days I wake up still breathing. The estimate was 5-6 months after my diagnosis for end stage congestive heart failure. They made that diagnosis in April 2011, I am way past that esttimate now, so I have come to the realization that the doctors don't know any more about how long I have left than I do, the VA raters do etc. I will push myself to keep doing what I want and not what anyone else wants.

I hope the house passes the caregivers bill that the Senate just passed that will allow all era veterans to be eligible for the monthly stipend, my wife will qualify for it, she has EARNED it.

[carlie]

Test,

Happy Birthday - I thought yours was in August.

The news is bad - vets missing out on benefits they earned.

I know you put alot of work and energy into this issue.

I am at a loss for words : - (

[Testvet]

Carlie that was a forwarded message from one of the lead plaintiffs Eric Muth I was a middle man for putting the other test vets in touch with Eric and the lawyers, I was not one of the plaintiffs, I was already SC at 100% for PTSD and I could see no gain in the lawsuit, except for them to publicly admit they did it, but that was never going to really happen where they would accept liability for damages. The Ferris Doctrine has them protected nine ways from Sunday and they know it, until Ferris is put out of it's misery the government will never be held liable for damage done to veterans and active duty personnel.

Yes my birthday is still August 25th I hope to be blowing out birthday candles for years yet to come

[Jerrel]

Thank you Testvet hope that this helps.

http://www.edgewoodtestvets.org/court-filed-documents/pdfs/20130724-MSJ-Order.pdf