Agent Orange Information

1- What is Agent Orange?
Agent Orange is the name given to an herbicide containing the most toxic dioxin. Developed to kill weeds in the 1940s, Agent Orange was thought to be an effective military aid during the Vietnam War. The use of Agent Orange eliminated the large amount of vegetation that could be used for the enemy to hide in.

^ top

2- How did Agent Orange get it’ name?
The name Agent Orange was due to the color-coded bands used on the products when shipped. There were other color-coded herbicides used in Vietnam as well.

^ top

3- How many people were exposed to Agent Orange?
Agent Orange has affected up to 2.6 million Vietnam veterans. This figure does not include the children of Agent Orange exposed Vietnam veterans that has been observed to affect up to third generation children. An April 2003 study performed by Columbia University that sought to re-examine military records of the Vietnam War found that about 21 million gallons of herbicides were sprayed from 1961-1971, adding up to 1.84 million gallons. This figure was 10% greater than previously believed, and over half of the herbicides sprayed were Agent Orange.

^ top

4- Why was Agent Orange used despite the dangers?
There were laboratory studies in 1969 that identified Agent Orange exposure could lead to birth defects. After finding this, Agent Orange was removed but not until two years later. By then, Agent Orange was used to help destroy around 5 million acres of forest, many of which still remain unrestored to date. The 2.6 million Vietnam veterans had already endured exposure to the deadly herbicide that continues to greatly affect many people today.

^ top

5- When was Agent Orange sprayed?
According to the VA site, Agent Orange was sprayed from 1965 to April 1970.

^ top

6- What did the recent Columbia University study find?
An April 2003 study performed by Columbia University sought to re-examine military records of the Vietnam War and found that about 21 million gallons of herbicides were sprayed from 1961-1971, adding up to 1.84 million gallons. This figure was 10% greater than previously believed, and over half of the herbicides sprayed were Agent Orange.

^ top

7- Why haven’t many Vietnam veterans received compensation for the deadly illnesses?
The 1985 Agent Orange class action lawsuit settlement did not allow future claims from being made.

^ top

8- What was the Agent Orange class action lawsuit settlement?
In 1979, the largest mass tort class action of its’ time was file with 2.4 million Vietnam veterans it sought to represent. Little progress was made for the Agent Orange lawsuit, until October 1983 when Judge Jack Weinstein was assigned to the Agent Orange lawsuit and it was put on a fast track to settlement. The 1985 out of court Agent Orange class action lawsuit settlement created a $180 million fund to pay those veterans that claimed disease and serious illnesses from Agent Orange exposure. For each year between 1971 and 1994 that the Agent Orange class members could demonstrate what was classified as “total disability” a small amount of compensation would be given.

^ top

9- How many people received compensation under the settlement?
By 1994, the Agent Orange fund was depleted with just 50,000 members of the 2.4 total receiving any money.

^ top

10- Why did the June 9, 2003 Supreme Court vote occur?
Under the rigid guidelines of the Agent Orange class action lawsuit settlement in 1985, a high number of the 2.4 million Vietnam veterans were not included in the Agent Orange settlement. Since many of the deadly illnesses associated to Agent Orange exposure can take 20-30 years to develop, the 1994 time frame outlined in the settlement agreement did not adequately include those Vietnam veterans that would later become ill.

^ top

11- What does the Supreme Court decision mean?
When the Supreme Court voted and tied, laws state that the ruling from the previous court that considered the case then takes effect. This “loophole” has opened the door for a potentially high number of Agent Orange lawsuits to be filed against Agent Orange manufacturers.

^ top

12- What types of Agent Orange side effects have been experienced?
In 1993, the National Academy of Sciences issued a report linking Agent Orange to multiple myeloma and other conditions. As more Agent Orange studies were performed more illnesses were linked to the herbicide. The potentially deadly Agent Orange side effects recognized by the Veteran Affairs include:

• Prostate Cancer
• Respiratory Cancers
• Multiple Myeloma
• Type II Diabetes
• Hodgkin’s Disease
• Non-Hodgkin’s Lymphoma
• Soft Tissue Sarcoma
• Chloracne
• Porphyria Cutanea Tarda
• Peripheral Neuropathy
• Spinal Bifidia in Vietnam veteran children exposed to Agent Orange

^ top

13- What announcement did the Department of Veterans Affairs recently make?
The Department of Veterans Affairs announced in 2003 that the link to chronic lymphocytic leukemia to Agent Orange exposed Vietnam veterans is so strong that benefits would automatically be given to any new diagnoses of it. There are as many as 1,000 new patients for chronic lymphocytic leukemia alone expected amongst Vietnam veterans.

^ top

14- What can I do if I have suffered serious Agent Orange side effects?
For more information on Agent Orange, including potential Agent Orange lawsuits, please contact us. For decades since the Vietnam War has ended Vietnam veterans have continued to suffer but were unable to collect damages for the deadly illnesses developed as a result of serving their country. The June 9, 2003 Supreme Court vote has allowed justice for those victims of Agent Orange.