Agent Orange Funds May Bring Change.

Schenectady Gazette
March 1, 1988

What ever happened to Agent Orange? We all remember the horror stories, the
fears, and the immorality of poisoning our own troops. Was it a classic story of big
corporations profiting from war, an insensitive government abandoning those it
sent off to fight for America, and scientists pretending they could prove or
disprove what effect the chemical had? We all know there was a lawsuit and the
corporations paid a large sum of money. But did they win on appeal after the
press stopped paying attention? Did anything good happen for the veterans and
their families is

I hear these questions and realize we can all use an update. The facts of a very
complicated case are relatively simple. The morning that the Agent Orange case
was to begin, an out-of-court settlement was arrived at. Without scientific
evidence that would hold up in court, the veterans were unlikely to win the case.
With dramatic evidence of injuries, an insensitive Veterans Administration, a
general feeling that Vietnam veterans were screwed, and widespread evidence of
irresponsible corporate activity, the defendant companies would continue to lose
the marketplace

It would be hard to find a jury that would not be disposed to support the
veterans. The corporations would then appeal. If the vets lost in the lower courts
they would also appeal. Meanwhile the chemical companies would continue to
take the heat for all the problems of Vietnam veterans. That was affecting stock
prices, public images, employee morale and above all their credit ratings. Federal
Judge Jack Weinstein approved in out-of-court settlement in which the chemical
companies paid out $180 million. Distribution of the funds was delayed for four
years while a variety of related rulings were appealed. On June 30, of this year the

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US Supreme Court ruled on the final appeal and cleared the way for the
distribution of funds. The case was resolved 10 years after it began. There is now
$240 million in the settlement fund.

The distribution plan has two components. There is a payment program available
to long-term estate totally disabled Vietnam veterans or their survivors. The
veteran must have been exposed to Agent Orange while in Vietnam and the
disability or death must not be a result of traumatic, accidental or self-inflicted
injury. The second component is an Agent Orange Class Action Assistance
Program. Members of the “class” are those who served in United States, New
Zealand or Australian military during 1961 to 1972 and who were injured by
exposure to Agent Orange or other phenoxy herbicides while in or near Vietnam.

For the first component $170 million was set aside for payment to veterans and
their families. Another 52 million was allocated for the assistance program. The
intent of this grant program is to bring broad-based benefit to the veterans and
their families. Grants will be made to those who can serve the families, especially
the children of the veterans. Innovative employment and advocacy programs may
be funded. This money may serve as a catalyst for reform of the federal, state and
local agencies that serve themselves in the name of veterans.

Is this justice? I don't know. The quote “justice delayed is justice denied” rings in
my head. At the same time, I see the wisdom of Judge Weinstein in settling this
case. I find it hard to fault him. He crafted a settlement that moves the issue
beyond blame and enables some good to be done. He used his power to do what
the VA and congress has refused to do.

It is my hope that the Agent Orange money will reach those who have been most
hurt. The settlement tries to do that. It also attempts to encourage programs that
can help in more general ways and stimulate change within the larger service-
delivery system. That is a practical form of justice. The real responsibility belongs
to the government. The VA has been unwilling to serve those were hurt through
the use of Agent Orange. Perhaps this money will help veterans model a new
system. Maybe the federal, state and local veterans service organizations will

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read the writing on the wall and adapt now in order to survive. Otherwise
tomorrow they may not be needed.

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Edward Murphy, of Saratoga Springs is a political activist and Vietnam veteran. He
is a regular contributor to the Saturday op-ed page.