The plaintiffs’ case has several serious problems. One is the fact that the diseases that they claim to suffer are epidemiological, not individualized, as a result of exposure to Agent Orange.
The other is that the government had extensive knowledge of the risks associated with Agent Orange. This is known as the “government contract defense.
What is the Role of the Lawyer?
Navigating the convoluted legal system around exposure to Agent Orange can be difficult, especially when attempting to receive compensation for any ensuing health issues. This is where selecting the ideal agent orange attorneybecomes essential. Lawyers have several functions in our legal system. They may assist you in navigating the intricacies of your case, fighting for your rights, and getting the most money possible. They inform customers of their legal rights and responsibilities as consultants. In adversarial hearings, they fervently defend the client’s position as advocates. As negotiators, they seek a result that is advantageous to the client and consistent with the law’s requirements of honest dealings with others. These functions are shaped by the larger legal context, including court rules and statutes governing licensure, laws defining lawyers’ specific obligations, and substantive and procedural law in general.
The Lawyer’s Role
Currently, veterans with specific diseases such as hypertension and Parkinson’s have an easier time proving service connection for entitlement to compensation because these diseases are Agent Orange related. New illnesses are continually being added to the presumptive list of Agent Orange-related disabilities.
Bluewater Navy veterans who served in Vietnam were exposed to the Department of Defense’s spraying of millions of acres of the jungle with chemical herbicides. The chemicals contained dioxins, which accumulate in the fatty tissues of those who are exposed and can cause cancer and other disabilities.
In 1979, a class action lawsuit was filed in this District on behalf of Vietnam veterans who were injured by exposure to these chemical herbicides. The litigation was settled out of court in 1984. The settlement fund has provided significant financial benefits to the victims. A substantial number of victims have died, many others have suffered severe rashes and tumors, and several children have been born with congenital disabilities.
The Lawyer’s Goal
After years of pursuing compensation for the victims of Agent Orange, Sgt Hartz was finally rewarded with some measure of justice when the private class action lawsuit was settled. The settlement included a substantial sum of money that would go to those suffering from the effects of Agent Orange exposure.
The settlement resulted from extensive litigation between the defendant chemical manufacturers, the plaintiff veterans’ organizations, and various state Agent Orange commissions. The court held extensive hearings on the settlement’s fairness in New York City, Chicago, Houston, and Atlanta. The court also took judicial notice of many published opinions on the subject.
To qualify for this compensation, a veteran must meet the following criteria: service in Vietnam during the Vietnam War or service on ships operating within 12 nautical miles of the border between Cambodia and Vietnam or along the Korean Demilitarized Zone between January 9, 1962, and May 7, 1975. A skilled attorney can help to determine whether a claimant meets these criteria.
The Lawyer’s Resources
To get VA disability benefits for a condition resulting from Agent Orange exposure, you need to prove three things: that you have a medical or psychiatric condition, that your military service caused it, and that the condition is related to your Agent Orange exposure. To meet all three requirements, you can obtain the necessary proof with the assistance of an expert attorney.
The VA is constantly adding new putative ailments to the list of conditions that are presumed to be connected to Agent Orange.
However, you can also file a claim for a condition that isn’t on the list as long as sufficient medical evidence links it to your exposure.
Millions of American service members fought in Vietnam and around the Korean demilitarized zone during the 1960s and ’70s, and they were exposed to dangerous herbicides called Agent Orange as part of their military duty. These chemicals were used to remove dense tropical foliage that could provide enemy cover and to defoliate military facilities in the United States.
