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Vets Win Round in Agent Orange Battle

By VVAW

Vietnam veterans, their families and other victims of the defoliant Agent Orange have been on a legal roller coaster for the past several months. Meanwhile, the fight to get the Veterans Administration to do its job and to test, treat and compensate victims of Agent Orange poisoning has continued to grow as vets realize more and more that no matter what happens in the courts, veterans must finally end up relying on their own efforts to get done what needs to be done.

The class action suit on behalf of Vietnam veterans and their families against the major chemical companies who manufactured Agent Orange began in 1979 under the direction of the New York law firm of Yannacone and Yannacone, and has since grown to be represented by 1250 lawyers representing 150 law firms spread across the country. The demands that the chemical companies contribute to a trust fund which would be used to compensate veterans and their families for injuries resulting from exposure to the deadly defoliant. The suit is based on the fact that the chemical companies were well aware of the possible effects of their products but, in the interests of making more bucks, didn't bother to inform either the government or veterans of what could happen to them.

In late November, 1980, the class action suit suffered a severe reversal when a New York Appeals panel threw the case out saying that veterans could sue individually in their separate state courts, but that a federal class action suit was not legal. Had the decision stood up it would clearly have meant the end of the suite, since there are few—if any—veterans with the expertise or the resources to take on the giant chemical companies one by one in state courts.

Barley a month later, however, in a kind of belated Christmas present to Vietnam vets, the 2nd Circuit Court of Appeals overturned the initial ruling and white it excluded vets from having the right to sue the government (another part of the original lawsuit) , it allowed the class action suite against the chemical companies and said that hearings on the case should begin as soon as possible. Prospects are good that cases may begin to be heard by the summer of 1981 (which is quick for the courts). Attorneys for the chemical companies have already filed an appeal and the courts have taken such different positions up to this point that no vet should start counting his money from the suite, but the situation looks promising and lawyers representing the veterans are optimistic.

Meanwhile, in early January, the consortium of lawyers representing the veterans filed another suit, this time naming the Veterans Administration as defendant for what amounts to maltreatment of Agent Orange victims. The most recent suite points out that the V.A. has systematically treated what in fact were symptoms of Agent Orange as instead various symptoms of psychosis, using the traditional V.A. procedure of drugging any vets whose problems might be mental. Since the cheapest solution to any problem is always the easiest, according to the V.A., they have normally stuffed with drugs any vet whose symptoms are not immediately treatable with aspirin.

Another field of battle—that of public opinion and through it, forcing the V.A. to do its job—has also had its ups and downs in the past several months. While Congress has quietly blithered about independent investigations of the effects of Agent Orange, results of these studies are still years away (during which time vets will continue to get sick and die as a result of their exposure, which was something more real than insulated Congressmen can seem to realize). And as the lame duck Congress waddled into obscurity it is impossible to say what of their parting actions will ever go into effect.

By September, 1980, the V.A. said it had examined more than 30,000 veterans who believed their health had been affected by exposure to Agent Orange. Clearly the word is out. But, at the same time, the V.A. has yet to come up off one dime in compensation or treatment for these vets, apparently hoping that somehow the whole affair will just disappear. But eve if affected vets wanted to let it all disappear, the effects of the toxic poison on vets and their families will make that impossible.

Even the minimal steps taken by Congress and the V.A. are testament to the effect of vets in action demanding that there be testing, treatment and compensation for Agent Orange victims. When there's enough noise and enough pressure, even the bureaucracy will grind slowly forward. The campaign platform in Reagan's campaign is another testament since, though it does not admit the fact that Agent Orange causes health problems, at least admits enough to say that vet-victims should be treated by the V.A. until investigations of the problems are completed.

All this motion and counter-motion means little to the Vietnam vet who watches his body wither away as a result of Agent Orange or sees his kids dying as a result of his exposure. For vets or their wives who call VVAW because they are dying of cancer or suffering from sudden fits of rage we have not much more to offer at this point than sympathy, understanding, and some suggestions about how to get involved in the struggle. We hope that vets do get involved in the fight whether it is to ban the components of Agent Orange from use in local parks (a fight which has recently succeeded in Madison, Wisconsin) or to build the necessary opinion to get the testing, treatment and compensation that vets need. We will win what we need, but its up to vets to make that victory as quick as possible.

(For more information about getting involved either in the struggle to win testing, treatment and compensation for Agent Orange victims or to join the lawsuit, write or call VVAW for a copy of our Self-Help Guide for Agent Orange victims—it doesn't answer all the question that vets have, but it is a good start toward getting involved.)