Agent Orange

[melvin410]

I was at VA to day heard some scuddle butt .I wanted to see if any one else has heard anything. This fella I know another Nam vet informed me he had just receved a large sum of money. He said the DAV in 1988 filed a law suit on his and some others behalf against Dow Chem And they receved a large some of money if so I would think this opened doors for others to do this Has any one else heard any thing. Thanks Have a happy Turkey Day

[Guest rickb54]

Melvin,

There was an agent orange settlement some years ago,

to read about it from Dow go to this link:

http://www.dow.com/commitments/debates/age.../background.htm

http://www.cnn.com/2003/LAW/02/26/scotus.agentorange.ap/

you can find more information by googling agent orange settlement.

Edited November 23, 2006 by rickb54

[Berta]

Melvin- I am unaware of any DAV lawsuit regarding Agent Orange.

The Stephenson V Dow case is still in the District Court as far as I know and as Rick's links show- the big AO lawsuit has been over for many years.

Perhaps this veteran got a large retro check for a AO disability under the Nehmer court order.

The National Veterans Legal Service Project won Beverly Nehmer Vs. Veterans Administration in 2000 as class action suit which covered all Agent Orange veterans with presumptive disease.Technically every veteran who gets SC for AO was a class action member.

Edited November 23, 2006 by Berta

[john999]

There is a lawsuit against DOW I believe but as long as the current judge has custody of the case it is going nowhere. He is 80 years old so maybe he will shuffle off this mortal coil soon. From what I read the judge does not believe AO has ever hurt anyone. I got this from Smogger law firm. I have five AO disabilites and believe I will have two more in a year or two. I have never gotten a dime for any of this since I was IU before I filed for the AO conditions. I have DMII and secondary conditions so I guess I am out of luck since it developed in the last five years.

[Berta]

John- the big lawsuit was in my opinion unfair to vets like you----

The only requirement for it was to prove exposure (they sent a map of Vietnam and the vet noted where their unit was) and then to provide proof of total disability- regardless of what disability and why.

I think they denied most claims right off the bat. They denied Rod's claim (as well as many others) and I sent the Judge a letter asking him to me give his complete assurance that the AO they dumped on him in Ashau Valley did not and would not continue to cause him disability.

A few weeks later they said they reviewed his claim and sent the money.

The requirement for total disability in those days-to be in the AO class action- certainly put many disabled AO veterans in an unfair position.They were not totally disabled then but sure might be now.

[john999]

Berta

I understand the vets that did get compensation from the old lawsuit got peanuts. What was it a couple of thousand dollars? It was a good deal for the government and chemical companies since they limited their liability to a very small amount for poisoning a couple of million vets. Even today I think the VA only pays 10 or 15 thousand vets for AO disabilities. That is out of over 2.5 million vets who served in RVN and a few million more who served in S.E. Asia and were exposed. Their will be a lot more cases of DMII and prostate cancer as time goes by because these are diseases they increase with age, and lung cancer as well.

[Cavman]

I don`t in any way want to sound like a broken record, but lets not forget the cruel unfairness of the bullshit presumed cancer list. My tonsil cancer and many other types of cancers are as likely caused by AO as many on the list. Don`t misunderstand me because the cancers listed should surely be there, but many of us will die way before our cancers are listed. We think of this unfairness as we lay under radiation cooking us inside and out. I feel so sick to my stomach everytime I hear about a Vietnam Vet with cancer and no insurance or medicare because he is only in his 50`s. He dies without treatment even though it was most likely caused by AO and he is ignored and rejected because his cancer isn`t on the list.

Cavman