U.S. Court of Appeals Upholds Dismissal of Agent Orange Lawsuit

By Robert Carrier

Published on February 27, 2008

The plaintiffs filed a class-action lawsuit against numerous American chemical companies, including Dow Chemical Co. and the Monsato Co., for producing the defoliant Agent Orange, which was used extensively during the Vietnam War. The plaintiffs argue that the dioxins in Agent Orange caused severe health problems, including cancer and birth defects, in those who were exposed to the chemical. The lawsuit argues that as producers of the chemical agent, the companies are responsible for damages.

The federal appeals court upheld a decision made in March 2005, however, stating that the chemical was used as a defoliant, not as a weapon, and that there was insufficient evidence to prove that the chemical was responsible for the ailments experienced by the plaintiffs. The U.S. government, citing sovereign immunity, was not a defendant in the case.

In 1984, the Dow Chemical Co. and the Monsato Co. agreed to pay a $180 million settlement to U.S. veterans who claimed Agent Orange caused health problems.

The plaintiffs plan to appeal the decision to the U.S. Supreme Court.

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