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Veterans’ Case Toxic Tort Claim Over Agent Orange Dimissed

The U.S. Court of Appeals for the Federal Circuit has dismissed an Agent Orange petition in a case originally brought by Vietnam veterans more than 30 years ago. This is a sad and tragic verdict for our men who gallantly fought for this country and who have been severely impacted by the diseases brought on by toxic exposure.


After their disability claims were denied, five veterans in 1979 filed a challenge to a 1978 Veterans’ Administration publication suggesting that only limited claims could be brought based on chemical exposure to Agent Orange and other defoliants during the Vietnam War.

The Federal Circuit, after recounting the labyrinthine history of the case, ruled that it lacked jurisdiction because there was no court avenue for procedural challenges to Department of Veterans Affairs regulations until the 1988 Veterans’ Judicial Review Act.

Agent Orange is the code name for one of the herbicides and defoliants used by the U.S. military as part of its herbicidal warfare program, Operation Ranch Hand, during the Vietnam War from 1961 to 1971.

A 50:50 mixture of 2,4,5-T and 2,4-D, it was manufactured for the U.S. Department of Defense primarily by Monsanto Corporation and Dow Chemical. The 2,4,5-T used to produce Agent Orange was later discovered to be contaminated with 2,3,7,8-Tetrachlorodibenzodioxin, an extremely toxic dioxin compound. It was given its name from the color of the orange-striped 55 US gallon (200 L) barrels in which it was shipped.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693. If you or a loved one has been injured from a truck accident, car crash or bus accident, please fill out our contact card for a free consultation.

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