Legal action by Vietnamese Agent Orange victims was inevitable

February 9, 2004, Agence France Presse

http://sg.news.yahoo.com/040208/1/3huxq.html

Three Vietnamese victims of Agent Orange have begun legal action
against manufacturers of the defoliant used by US forces during
the Vietnam War, a move analysts say was inevitable given
Washington’s failure to atone for its use.

The Vietnam Association for Victims of Agent Orange, which was
established last month under the umbrella of the ruling Communist
Party, filed a lawsuit on their behalf at the US Federal Court in
Brooklyn, New York on January 30.

Nguyen Trong Nhan, the organization’s vice president, said more
than 20 American companies engaged in the production of Agent
Orange had been named in the suit, including Dow Chemical Co. and
Monsanto Co.

The amount of money the three plaintiffs are seeking in damages
has not yet been determined, Nhan said.

"This has been a long time coming. It was almost inevitable
because the US government has done almost nothing to help
Vietnamese victims," said Chuck Searcy, an American aid worker in
Vietnam.

Nhan insisted that the lawsuit was initiated independently from
the government. Some sources say it could have been filed at the
behest of American lawyers working on a pro bono basis.

"It looks as though the government is watching from the sidelines
without intervening to block the case. It could probably do so if
it wanted to," said Searcy, a Vietnam War veteran.

His comments were echoed by a Hanoi-based Western diplomat.

"I don’t think the government is behind this. They seem sincere in
their desire to continue the process of improving US-Vietnam
relations," he said. "I’m just surprised it hasn’t happened
before."

The legacy of Agent Orange remains a source of contention between
the two former foes, who only established diplomatic relations in
1995, two decades after the war ended.

From 1961 to 1971, the US and South Vietnamese military sprayed
millions of litres of toxic herbicides, mainly Agent Orange, over
South Vietnam to destroy the vegetation used by communist forces
for cover and food.

Various herbicide mixtures identified by colored stripes on their
containers, were used during the spraying programme, which was
known as Operation Ranch Hand. Agent Orange was the most common
mixture used.

Hanoi says the defoliant has caused health problems for more than
one million Vietnamese and continues to have devastating
consequences.

A study, released in August last year by scientists from the
United States, Germany and Vietnam, found that Agent Orange was
still contaminating people through their food.

Dioxin, the defoliant’s deadly component, can cause an increased
risk of cancers, immunodeficiencies, reproductive and
developmental changes, nervous system problems and other health
effects, according to medical experts.

Vietnam says the United States has a moral and humanitarian
responsibility to heal the wounds of the war but it has never
formally asked for compensation for Agent Orange victims.

Washington, however, insists there is no direct evidence linking
dioxin with any illnesses. Agreeing to disagree, both governments
signed a pact in March 2002 on a framework for more research into
the impact of the defoliant.

"Despite the US government saying there is no scientific evidence
proving the impact of Agent Orange on human health here, the
evidence seems pretty overwhelming," said Searcy.

US chemical companies engaged in the production of Agent Orange,
including Dow Chemical and Monsanto, have found themselves in the
dock before.

In 1984, in a class action settlement with no admission of
liability, manufacturers agreed to pay 180 million dollars to US
war veterans who died or became ill after exposure to Agent Orange
or other defoliants.

But for years US veterans have been seeking additional
compensation to that settlement, and in June 2003 the Supreme
Court ruled they could continue to pursue claims against the
manufacturers despite the earlier settlement.

"There is a delicious irony about this lawsuit," said Carl Thayer,
a Vietnam expert at the Australian Defence Force Academy.

"In the wake of the catfish and other bilateral disputes, Vietnam
finally appears to be learning to play the legal game like the US
does."

After a year-long legal tussle, Washington slapped punitive
tariffs on imports of Vietnamese frozen catfish fillets in July
last year saying they were hurting the US catfish industry.