Vietnamese Victims of Agent Orange Lawsuit

Please contact me for help with your toxic injury case affecting children.

On January 30, 2004, The Viet Nam Association for Victims of Agent Orange and individual Vietnamese citizens filed a lawsuit in New York, seeking compensation from US chemical companies, the makers of toxic chemicals used during the Viet Nam war by the US military. I am one of the attorneys helping the Vietnamese plaintiffs in this lawsuit.

American veterans exposed to the same chemicals during the Vietnam war fought and settled a similar lawsuit against the chemical companies in 1984. The veterans, their families and affected children are also compensated for a variety of diseases presumed associated with Agent Orange by the Veterans Administration, a branch of the United States government. The compensation is based on Public Law 102-4, the Agent Orange Act of 1991.

Congress enacted Public Law 38 C.F.R., section 3.309(e), which directs the Veterans Administration to seek agreement with the National Academy of Sciences for a series of reviews and summaries of the association between herbicide exposure and diseases. The Institute of Medicine of the National Academy of Sciences periodically reviews and publishes the scientific evidence.

The Vietnamese victims have never been compensated. The lawsuit is filed under the Alien Tort Claims Act, a federal law allowing for a lawsuit by an alien for a tort committed in violation of the law of nations or a treaty of the United States. The Vietnamese plaintiffs allege systematic human rights violations, violation of international laws and the laws of war as well as state tort law violations.

On March 10, 2005 the judge presiding over the case dismissed the suit. The Second Circuit of Appeals affirmed the decision.

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