Organization
Hercules Incorporated
U.S. chemical company; one of the seven makers sued over Agent Orange.
- Also known as
- Hercules
- produced Agent Orange 1965–1970
In re "Agent Orange" Product Liability Litigation
- Settled with U.S. District Court, Eastern District of New York: $180M, paid with six other makers into a $180 million class settlement with Vietnam veterans and their families; the agreement is no admission of liability by the defendants and no concession of lack of merit by the plaintiffs 1The $180 million was the total paid by the seven makers together, not this company’s share.
Connections 4
settled with
-
U.S. District Court, Eastern District of New York
7 May 1984
$180M, paid with six other makers into a $180 million class settlement with Vietnam veterans and their families; the agreement is no admission of liability by the defendants and no concession of lack of merit by the plaintiffs
Primary record
1
The $180 million was the total paid by the seven makers together, not this company’s share.
produced
- Agent Orange 1965–1970 Primary record 1
involved in
- The 1984 Agent Orange class settlement paid into the fund (with two other makers) Primary record 1
- The March 1965 meeting of herbicide makers attended; an internal Hercules memorandum of 12 July 1965 is quoted by the court According to U.S. District Court, Eastern District of New York Primary record 1
Timeline 2 dates
- 1965–1970 Hercules Incorporated produced Agent Orange
- 7 May 1984 Hercules Incorporated settled with U.S. District Court, Eastern District of New York
Proof 1 source
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In re Agent Orange Product Liability Litigation, 597 F. Supp. 740 (E.D.N.Y. 1984), MDL No. 381, decided 25 September 1984, U.S. District Court, Eastern District of New York (Chief Judge Jack B. Weinstein), 25 Sep 1984.
Primary record
Archived copy
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 seven chemical company defendants, Dow Chemical Co., Hercules, Inc., The Monsanto Company, Diamond Shamrock Chemicals Corporation, Thompson Chemical Corporation, T.H. Agriculture & Nutrition, and Uniroyal, Inc., manufactured over 99% of a herbicide called Agent Orange
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.
Representatives of Hooker Chemical, Hercules, and Diamond Shamrock (then known as Diamond Alkali) were present.
they [were] fearful of a Congressional investigation and excessively restrictive legislation on manufacture of pesticides which might result.
Plaintiffs' claims against defendants Hooker, Ansul and Occidental were dismissed on the ground that those companies never designed, manufactured or marketed any phenoxy herbicides for use in Southeast Asia.
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