Notes
Slide Show
Outline
1
Agent Orange and American Responsibility
  • In Memory of
  • Joan Duffy


2
What I’m going to talk about …

  • An introduction to victims of Agent Orange
  • About Agent Orange and Dioxin
  • The defoliation campaigns
  • U.S. Vets and the struggle for compensation
  • Vietnamese victims and American Responsibility
  • Epilogue: The ongoing struggle for the just treatment of victims of war
3
“I tremble for my nation when I reflect that God is Just” 
Thomas  Jefferson
4
Videotape Introduction
5
Agent Orange
6
Agent Orange
  • Phenoxyacetic family of herbicides
  • Invented at Fort Detrick during WW II
  • First used by British in Malaya, 1960
  • Dioxin - a by-product
  • TCDD - tetrachlorodibenzodioxin
    “Most toxic synthetic chemical ever”


7
Defoliant Test Videotape
8
Defoliation Campaign
  • 45th Anniversary of Operation Hades
    (inaugurated August 11, 1962)
  • Renamed Operation Ranch Hand
  • Primary objective: eliminate concealment on supply trails
  • Secondary objective: destroy food supply in areas dominated by Viet Cong
9
Operation Ranch Hand
  • Agents color-coded barrels
    • Blue, white, purple, green, pink and orange
  • First missions used Agent Purple
  • Agent Orange dominant from 1965 on
    • “Only You Can Prevent Forests!”
  • Increased effectiveness        increased demand
  • Increased demand           accelerated production


10
Approval in the field, doubts at home
  • Troops cognizant of benefits, ignorant of dangers
  • Scientific criticism emerges
  • Domestic health threat recognized
11
Ranch Hand Corralled
  • April 15, 1970 - military and domestic use of most herbicides using 2,4,5-T is suspended by the Nixon administration
  • Agents White and Blue used through 1970.
  • Agent Orange never used again
12
Defoliation summary
  • 19 million gallons
  • 11% to 17% of South Vietnam sprayed
  • 300,000 US personnel exposed
  • 3,000,000 Vietnamese exposed
  • Most extensive use of chemical weapons in history
13
Vets Struggle for Care
and Compensation
  • Best sources
    • Fred Wilcox, Waiting for an Army to Die
    • Wilbur Scott, Vietnam Veterans Since the War
    • Peter Schuck, Agent Orange on Trial
14
Vets Struggle for Care
and Compensation
  • Beneath radar 1970-1978
  • 1978
    • Maude deVictor collects data
    • Paul Reutershan sues Dow and others for $10million
    • Reutershan founds Agent Orange Victims International (AOVI)


15
Vets Struggle for Care
and Compensation
  • 1979
    • AOVI hires Victor Yannacone
    • Yannacone launches class action mass product liability suit against Agent Orange manufacturers
    • VA develops a Stonewall strategy
16
Vets Struggle for Care
and Compensation
  • Suit turns into a free-for-all
  • Potential $4billion damages
  • The ideal lead plaintiffs are discovered
    (The Ryan Family - short video)
  • Fleeting victory -- Public Law 96-151
17
Vets Struggle for Care
and Compensation
  • Case complexity
    • Number of players
    • Issues of causation
    • Potential size of damages
    • Sovereign Immunity
    • Government contract defense
18
Vets Struggle for Care
and Compensation
  • Smoking guns
    • Dow meeting in March 1965
    • President’s Science Advisory committee meetings in April to July 1965
  • Domestic Explosion -- Times Beach
19
Vets Struggle for Care
and Compensation
  • A new judge and the case takes off
    • Jack Weinstein reconceptualizes case
    • Applies pressure for settlement
    • Hires negotiators
    • Achieves settlement
      • Mfgrs place $180 million in interest bearing account
      • $3400 to survivors of vets who die from AO
      • $1280/yr for 10 years for vets on total disability from AO

20
Vets Struggle for Care
and Compensation
  • A new day at the VA (DVA)
    • Judge Henderson rules claims tests “impermissibly demanding”
    • New DVA Secretary Derwinski accepts ruling, hires Elmo Zumwalt as consultant
    • Zumwalt gets 28 conditions recognized as presumed AO related
21
American Responsibility
  • What do we owe to one another as members of the human family?


22
American Responsibility
  • 3 million Vietnamese exposed
  • 35 million acres of forest sprayed
  • 7 million acres of forest and mangroves destroyed
  • Widespread resulting ecological damage, habitat destruction, wildlife elimination, soil erosion, floods and droughts.
23
American Responsibility
  • Hot spots - air bases where AO stored and areas downstream from them
    • Bien Hoa
    • Danang
    • Phu Cat
24
American Responsibility
  • Dioxin levels
    • Danang harbor - 100 times international standard
    • Former storage bases - 1000 times!
    • Hot spot residents Dioxin levels in blood 38 times as high as Hanoi residents
25
American Responsibility
  • Primary tasks:
    • 1) Provide healthcare and supporting services
    • 2) Detoxify hot spots as quickly as possible
  • Current status:
    • 1) No progress on number 1
    • 2) Agreement in principle. $300K committed to Danang cleanup ( out of $60 million cost)
    • 3) Ford Foundation commits $2.2 billion
26
Epilogue: Struggle for just treatment of victims of war
  • Desert Storm - Gulf War Syndrome replays the Agent Orange history
  • Operation Iraqi Freedom puts focus on Depleted Uranium -- the more things change, the more they stay the same
  • Pogo: “We have met the enemy and he is us!”