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Agent Orange, Supreme Court: Chemical Companies Get Over

By VVAW

In 1978 Paul Reutersham started the $40 billion lawsuit against 9 chemical companies which manufactured Agent Orange. Paul was dying of cancer after exposure as a door gunner on helicopters flying support for Operation Ranch Hand. He fought hard until his death in November 1978.

Following the Supreme Court decision on December 14, 1981, the suit remains in limbo. On that day the high Court refused to hear an appeal of a lower court decision to deny veterans compensation on an individual level in the federal courts.

Basically, the suits are what are known as "Product Liability Suits "against the companies for manufacturing a product that was dangerous. Agent Orange contained dioxin, one of the deadliest chemicals known to man, and it is clear that the chemical companies were aware of this.

The issue of the appeal was whether there is a federal common law that governs the lawsuits and gives veterans access to the federal courts. Some 600,000 veterans live in 19 states where suits are impossible because of restrictive statues of limitations which have already expired. These statutes require veterans/victims to file within 3 years of injury. Most vets didn't even find out about the potential of being poisoned by use of Agent Orange until 12-15 years after they were exposed.

By refusing to hear the case the Supreme Court reaffirmed as a fact of life that U.S. doctrine is one of "Used once and then thrown away!"

The issue of the chemical companies' liability in the federal courts is not dead, only the right of individuals to be compensated. We are still trying to stick the chemical companies with the compensation cost.

Future developments are now uncertain according to Victor Yannacone Jr, the main lawyer for the class action suit. The main hope is to get state legislatures to relax state statutes of limitations, something that has been done in New York and New Jersey.

VVAW sees the main task as building a fighting veterans movement, and sees Dewey Canyon IV as a vital part of that process. Only through united and long term fighting will we ever win testing, treatment and compensation for Agent Orange victims. Get involved! Get Active! Fight Back!

John Lindquist
VVAW National Office