The 1984 Agent Orange class settlement

The Agent Orange litigation began in July 1978, with the filing of a lawsuit by Vietnam veteran Paul Reutershan, now deceased

Chief Judge Weinstein approved the settlement subject to hearings on counsel fees

the large number of claimants, 240,000, the settlement was essentially a payment of nuisance value.

allows veterans who served in areas in which the herbicide was sprayed and who meet the Social Security Act's definition of disabled to collect benefits up to a ceiling of $12,000.

No proof of causation by Agent Orange is required, although benefits are available only for non-traumatic disability or death.

we affirm the district court's dismissal of actions against the United States by veterans on the grounds that they are barred by the Feres doctrine and the discretionary function exception to the Federal Tort Claims Act.

We also approve the settlement in light of both the pervasive difficulties faced by plaintiffs in establishing liability and our conviction that the military contractor defense absolved the chemical companies of any liability.

defendants have agreed to pay to the class $180 million plus interest in a manner directed by the court.

Neither this Agreement nor any proceeding taken hereunder shall be construed as or deemed to be evidence or an admission or concession by any defendant of any liability or wrongdoing whatsoever, which is expressly denied by each defendant

or on the part of the plaintiffs of any lack of merit in their claims.

The Fund shall indemnify all defendants

rendered against any of them in all state-court actions alleging harm caused by exposure to Agent Orange in or near Vietnam, not to exceed an aggregate amount of $10 million.

Were this a case brought by a single plaintiff against one or more defendants, it probably would have to be dismissed.

we would probably be constrained to deny such a motion

plaintiffs, on behalf of a class of Vietnam veterans and members of their families, agreed with defendants to settle their claims against the defendant chemical companies.

principally American, Australian and New Zealand servicemen, were injured by exposure to Agent Orange

It contends that it expends some $70,000,000 a year to treat those veterans who claim Agent Orange exposure, even though causality has not been shown.

the government decided not to participate in any settlement discussions.

The plaintiffs and defendants expressly reserve all rights and claims which they now have, or may at any time be entitled to assert against the United States

it is apparent that the government contract defense in this case is powerful.

This factor provides a strong reason for settlement.

not liable if it can show that the government knew as much about the dangers of the product as the manufacturer knew or should have known

the evidence briefly sampled below based upon plaintiffs' fairness brief indicates that defendants would have been able to make out a prima facie case whatever the precise test.

Representatives of the Army Chemical Corps briefed PSAC on the "Possible Health Hazards of Phenoxyacetates As Related To Defoliation Operations In Vietnam" on May 9, 1963.

Edgewood scientists were aware of dioxin compounds even before a representative of the Army's Chemical Corps Research and Development Command was sent to Europe in 1959 where he obtained "startling" information regarding the toxicity of dioxin.

One member of PSAC testified that he did not transmit his information to President Johnson because he personally did not believe at the time that there was a threat of serious health effects.

The government and the plaintiffs argue that the evidence would allow the inference that not until 1970 did the government learn what the defendants knew in 1965 about the dangers of dioxin in low concentrations and of the VPC method for detecting dioxin.

It knew of at least some of the health hazards to workers posed by dioxin in large concentrations.

There is some evidence that government agencies charged with the purchase and use of Agent Orange were not told by defendants and were not aware that dioxin could be dangerous in concentrations of as low as, or perhaps even below, one part per million.

In Washington, the Justice Department said the government would fight any effort to hold it responsible.

The companies contend that because they manufactured the defoliant to federal specifications, the government should pay damages to Vietnam veterans who claim they were harmed by the chemical.

which repeatedly expressed a skepticism about U.S. veterans claiming medical problems related to Agent Orange exposure

Petitioners may not recover on their warranty-of-specifications and contractual-indemnification claims.

to produce Agent Orange under authority of the Defense Production Act of 1950 (DPA) and threat of civil and criminal fines, imposed detailed specifications, had superior knowledge of the hazards