Agent Orange is a chemical herbicide and defoliant. During the Vietnam War, the United States Armed Forces along with the South Vietnamese military used it in Operation Ranch Hand (1962–1971), part of a broader herbicidal warfare campaign intended to deprive the People's Army of Vietnam/Viet Cong of vegetation cover. It was one of a group of tactical-use herbicides, known as Rainbow Herbicides. Agent Orange was earlier used by the British during the Malayan Emergency which influenced its later use by the U.S. Primarily a mixture of equal parts of two herbicides, 2,4,5-T and 2,4-D, it contained trace amounts of 2,3,7,8-TCDD, a dioxin compound established as a carcinogen and persistent organic pollutant. Agent Orange was produced in the United States beginning in the late 1940s and was used in industrial agriculture, and was also sprayed along railroads and power lines to control undergrowth in forests. During the Vietnam War, the U.S. military procured over 20,000,000 U.S. gal (76,000,000 L; 17,000,000 imp gal). Nine chemical companies produced it, including Dow Chemical Company and Monsanto Company. Agent Orange exposure is linked to increased rates of birth defects, malignancies, cardiovascular diseases, and diabetes. The science on the causality between exposure and health problems remains incomplete. The U.S. government has documented cases of leukemia, Hodgkin's lymphoma, and various kinds of cancer in exposed U.S. veterans, but not concluded a causal relationship or a plausible biological carcinogenic mechanism. The U.S. Centers for Disease Control and Prevention identified an increase in the rate of birth defects of the children of exposed U.S. veterans. The impact of Agent Orange in Vietnam includes health and ecological effects. The government of Vietnam says that up to four million people in Vietnam were exposed to the defoliant, and as many as three million people have suffered illness because of Agent Orange, while the Vietnamese Red Cross estimates that up to one million people were disabled or have health problems as a result of exposure to Agent Orange. The government of Vietnam defined victims of Agent Orange by looking at where they live, their family history, and if the health problems have been linked to Agent Orange. The U.S. government has described these figures as unreliable. Agent Orange has also caused enormous environmental damage in Vietnam. This has been described by numerous lawyers, historians and other academics as ecocide. Over 7,700,000 acres (3,100,000 ha) or 12,000 sq mi (31,000 km2) of tropical forest were defoliated. Defoliants eroded tree cover and seedling forest stock, making reforestation difficult in numerous areas. Animal species diversity is sharply reduced in contrast with unsprayed areas. The use of Agent Orange in Vietnam resulted in numerous legal actions. The United Nations ratified General Assembly Resolution 31/72 in 1976 and the Environmental Modification Convention in 1977. Under the Organisation for the Prohibition of Chemical Weapons (OPCW) definition, Agent Orange is not considered a chemical weapon as it was not used to cause intentional death or harm to humans through its toxic properties. Lawsuits have been filed on behalf of both U.S. and Vietnamese veterans and civilians seeking compensation for damages.
Chemical composition
The active ingredient of Agent Orange was an equal mixture of two phenoxy herbicides – 2,4-dichlorophenoxyacetic acid (2,4-D) and 2,4,5-trichlorophenoxyacetic acid (2,4,5-T) – in iso-octyl ester form, which contained traces of the dioxin 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD). TCDD was a trace, but significant, contaminant of Agent Orange (typically 2–3 ppm, ranging from 50 ppb to 50 ppm).
Toxicology TCDD is the most toxic of the dioxins and is classified as a human carcinogen by the U.S. Environmental Protection Agency (EPA). The fat-soluble nature of TCDD causes it to accumulate easily in the food chain, and can enter the body readily through physical contact or ingestion. When TCDD binds to cytoplasmic aryl hydrocarbon receptor (AhR), a transcription factor, the protein translocates to the cell nucleus, where it influences gene expression. According to U.S. government reports, if not bound chemically to a biological surface such as soil, leaves or grass, Agent Orange dries quickly after spraying and breaks down within hours to days when exposed to sunlight and is no longer harmful.
Development Several herbicides were developed as part of efforts by the United States and the United Kingdom to create herbicidal weapons for use during World War II. These included 2,4-D, 2,4,5-T, MCPA (2-methyl-4-chlorophenoxyacetic acid, 1414B and 1414A, recoded LN-8 and LN-32), and isopropyl phenylcarbamate (1313, recoded LN-33). In 1943, the United States Department of the Army contracted botanist (and later bioethicist) Arthur Galston, who discovered the defoliants later used in Agent Orange, and his employer University of Illinois Urbana-Champaign to study the effects of 2,4-D and 2,4,5-T on cereal grains (including rice) and broadleaf crops. While a graduate and post-graduate student at the University of Illinois, Galston's research and dissertation focused on finding a chemical means to make soybeans flower and fruit earlier. He discovered both that 2,3,5-triiodobenzoic acid (TIBA) would speed up the flowering of soybeans and that in higher concentrations it would defoliate the soybeans. From these studies arose the concept of using aerial applications of herbicides to destroy enemy crops to disrupt their food supply. In early 1945, the U.S. Army ran tests of various 2,4-D and 2,4,5-T mixtures at the Bushnell Army Airfield in Florida. As a result, the U.S. began a full-scale production of 2,4-D and 2,4,5-T and would have used it against Japan in 1946 during Operation Downfall if the war had continued. In the years after the war, the U.S. tested 1,100 compounds, and field trials of the more promising ones were done at British stations in India and Australia, in order to establish their effects in tropical conditions, as well as at the U.S. testing ground in Florida. Between 1950 and 1952, trials were conducted in Tanganyika, at Kikore and Stunyansa, to test arboricides and defoliants under tropical conditions. The chemicals involved were 2,4-D, 2,4,5-T, and endothall (3,6-endoxohexahydrophthalic acid). During 1952–53, the unit supervised the aerial spraying of 2,4,5-T in Kenya to assess the value of defoliants in the eradication of tsetse fly.
Early use In Malaya, the local unit of Imperial Chemical Industries researched defoliants as weed killers for rubber plantations. Roadside ambushes by the Malayan National Liberation Army were a danger to the British Commonwealth forces during the Malayan Emergency, several trials were made to defoliate vegetation that might hide ambush sites, but hand removal was found cheaper. A detailed account of how the British experimented with the spraying of herbicides was written by two scientists, E. K. Woodford of Agricultural Research Council's Unit of Experimental Agronomy and H. G. H. Kearns of the University of Bristol. After the Malayan Emergency ended in 1960, the U.S. considered the British precedent in deciding that the use of defoliants was a legal tactic of warfare. Secretary of State Dean Rusk advised President John F. Kennedy that the British had established a precedent for warfare with herbicides in Malaya.
Use in the Vietnam War
In mid-1961, President Ngo Dinh Diem of South Vietnam asked the United States to help defoliate the lush jungle that was providing cover to the North Vietnamese army and Viet Cong. In August of that year, the Republic of Vietnam Air Force conducted herbicide operations with American help. Diem's request launched a policy debate in the White House and the State and Defense Departments. Many U.S. officials supported herbicide operations, pointing out that the British had already used herbicides and defoliants in Malaya during the 1950s. In November 1961, Kennedy authorized the start of Operation Ranch Hand, the codename for the United States Air Force's herbicide program in Vietnam. The herbicide operations were formally directed by the government of South Vietnam. During the Vietnam War, between 1962 and 1971, the United States military sprayed nearly 20,000,000 U.S. gal (76,000,000 L; 17,000,000 imp gal) of various chemicals – the "rainbow herbicides" and defoliants – in Vietnam, eastern Laos, and parts of Cambodia as part of Operation Ranch Hand, reaching its peak from 1967 to 1969, including around 43,300,000 L or rounded 11438600 U.S. gal. As the British did in Malaya, the goal of the U.S. was to defoliate rural/forested land, depriving guerrillas of food and concealment and clearing sensitive areas such as around base perimeters and possible ambush sites along roads and canals. Samuel P. Huntington argued that the program was also part of a policy of forced draft urbanization, which aimed to destroy the ability of peasants to support themselves in the countryside, forcing them to flee to the U.S.-dominated cities, depriving the guerrillas of their rural support base.
Agent Orange was usually sprayed from helicopters or from low-flying C-123 Provider aircraft planes, fitted with sprayers and "MC-1 Hourglass" pump systems and 1,000 U.S. gal (3,800 L; 830 imp gal) chemical tanks. Spray runs were also conducted from trucks, boats, and backpack sprayers. Altogether, over 21,000,000 U.S. gal (79,000,000 L; 17,000,000 imp gal) of Agent Orange were applied. The first batch of herbicides was unloaded at Tan Son Nhut Air Base in South Vietnam on January 9, 1962. U.S. Air Force records show that at least 6,542 spraying missions took place throughout Operation Ranch Hand. By 1971, 12 percent of the total area of South Vietnam had been sprayed with defoliating chemicals, at an average concentration of 13 times the recommended U.S. Department of Agriculture application rate for domestic use. In South Vietnam alone, an estimated 39,000 sq mi (100,000 km2) of agricultural land was ultimately destroyed. In some areas, TCDD concentrations in soil and water were hundreds of times greater than the levels considered safe by the EPA. The campaign destroyed 7,700 sq mi (20,000 km2) of upland and mangrove forests and thousands of square kilometres of crops. Overall, more than 20% of South Vietnam's forests were sprayed at least once over the nine years. 3.2% of South Vietnam's cultivated land was sprayed at least once between 1965 and 1971. 90% of herbicide use was directed at defoliation. The U.S. military began targeting food crops in October 1962, primarily using Agent Blue; the American public was not made aware of the crop destruction programs until 1965 (and it was then believed that crop spraying had begun that spring). In 1965, 42% of all herbicide spraying was dedicated to food crops. In 1965, members of the U.S. Congress were told, "crop destruction is understood to be the more important purpose ... but the emphasis is usually given to the jungle defoliation in public mention of the program." The first official acknowledgment of the programs came from the State Department in March 1966. When crops were destroyed, the National Liberation Front would compensate for the loss of food by confiscating more food from local villages. Some military personnel reported being told they were destroying crops used to feed guerrillas, only to later discover, most of the destroyed food was actually produced to support the local civilian population. Wil Verwey wrote in 1977 that ecologist Arthur H. Westing, during a 1969 visit to the Quang Ngai province, had been told that 15 crop destruction missions had been approved in the province for 1970. According to Verwey, these missions would have been enough to cover 85% of crop lands in the province and would have caused famine and left hundreds of thousands of people without food or malnourished although it was unclear if all the approved missions were actually carried out. According to a report by the American Association for the Advancement of Science, the herbicide campaign had disrupted the food supply of more than 600,000 people by 1970. Many experts at the time, including plant physiologist and bioethicist Arthur Galston, opposed herbicidal warfare because of concerns about the side effects to humans and the environment from indiscriminately spraying the chemical over a wide area. As early as 1966, resolutions were introduced to the United Nations charging that the U.S. was violating the 1925 Geneva Protocol, which regulated the use of chemical and biological weapons in international conflicts. The U.S. defeated most of the resolutions, arguing that Agent Orange was not a chemical or a biological weapon as it was considered an herbicide and a defoliant and it was used in effort to destroy plant crops and to deprive the enemy of concealment and not meant to target human beings. The U.S. delegation argued that a weapon, by definition, is any device used to injure, defeat, or destroy living beings, structures, or systems, and Agent Orange did not qualify under that definition. It also argued that if the U.S. were to be charged for using Agent Orange, then the United Kingdom and its Commonwealth nations should be charged since they also used it widely during the Malayan Emergency in the 1950s. In 1969, the United Kingdom commented on the draft Resolution 2603 (XXIV):
The evidence seems to us to be notably inadequate for the assertion that the use in war of chemical substances specifically toxic to plants is prohibited by international law. A study carried out by the Bionetic Research Laboratories between 1965 and 1968 found malformations in test animals caused by 2,4,5-T, a component of Agent Orange. The study was later brought to the attention of the White House in October 1969. Other studies reported similar results and the Department of Defense began to reduce the herbicide operation. On April 15, 1970, it was announced that the use of Agent Orange was suspended. Two brigades of the Americal Division in the summer of 1970 continued to use Agent Orange for crop destruction in violation of the suspension. An investigation led to disciplinary action against the brigade and division commanders because they had falsified reports to hide its use. Defoliation and crop destruction were completely stopped by June 30, 1971.
Health effects There are various types of cancer associated with Agent Orange, including chronic B-cell leukemia, Hodgkin's lymphoma, multiple myeloma, non-Hodgkin lymphoma, prostate cancer, respiratory cancer, lung cancer, and soft tissue sarcomas. Some literature claims that neither Agent Orange nor its contaminants are carcinogenic in humans.
Vietnamese people
The government of Vietnam states that 4 million of its citizens were exposed to Agent Orange, and as many as 3 million have suffered illnesses because of it; these figures include their children who were exposed. The Red Cross of Vietnam estimates that up to 1 million people are disabled or have health problems due to Agent Orange contamination. The United States government has challenged these figures as being unreliable. According to a study by Dr. Nguyen Viet Nhan, children in the areas where Agent Orange was used have been affected and have multiple health problems, including cleft palate, mental disabilities, hernias, and extra fingers and toes. In the 1970s, high levels of dioxin were found in the breast milk of South Vietnamese women, and in the blood of U.S. military personnel who had served in Vietnam. The most affected zones are the mountainous area along Truong Son (Long Mountains) and the border between Vietnam and Cambodia. The affected residents are living in substandard conditions with many genetic diseases. In 2006, Anh Duc Ngo and colleagues of the University of Texas Health Science Center published a meta-analysis that exposed a large amount of heterogeneity (different findings) between studies, a finding consistent with a lack of consensus on the issue. Despite this, statistical analysis of the studies they examined resulted in data that the increase in birth defects/relative risk (RR) from exposure to agent orange/dioxin "appears" to be on the order of 3 in Vietnamese-funded studies, but 1.29 in the rest of the world. There is data near the threshold of statistical significance suggesting Agent Orange contributes to stillbirths, cleft palate, and neural tube defects, with spina bifida being the most statistically significant defect. The large discrepancy in RR between Vietnamese studies and those in the rest of the world has been ascribed to bias in the Vietnamese studies. Twenty-eight of the former U.S. military bases in Vietnam, where the herbicides were stored and loaded onto airplanes, may still have high levels of dioxins in the soil, posing a health threat to the surrounding communities. Extensive testing for dioxin contamination has been conducted at the former U.S. airbases in Da Nang, Phù Cát District and Biên Hòa. Some of the soil and sediment on the bases have extremely high levels of dioxin, requiring remediation. The Da Nang Air Base has dioxin contamination up to 350 times higher than international recommendations for action. The contaminated soil and sediment continue to affect the citizens of Vietnam, poisoning their food chain and causing illnesses, serious skin diseases and a variety of cancers in the lungs, larynx, and prostate.
U.S. and allied veterans
While in Vietnam, U.S. and Free World Military Assistance Forces soldiers were told not to worry about Agent Orange and were persuaded that the chemical was harmless. After returning home, Vietnam veterans from all countries that served began to suspect their ill health or the instances of their wives having miscarriages or children born with birth defects might be related to Agent Orange and the other toxic herbicides to which they had been exposed in Vietnam.
U.S veterans U.S. Veterans began to file claims in 1977 to the Department of Veterans Affairs for disability payments for health care for conditions they believed were associated with exposure to Agent Orange, or more specifically, dioxin, but their claims were denied unless they could prove the condition began when they were in the service or within one year of their discharge. In order to qualify for compensation, U.S. veterans must have served on or near the perimeters of military bases in Thailand during the Vietnam Era, where herbicides were tested and stored outside of Vietnam, veterans who were crew members on C-123 planes flown after the Vietnam War, or were associated with Department of Defense (DoD) projects to test, dispose of, or store herbicides in the U.S. By April 1993, the Department of Veterans Affairs had compensated only 486 victims, although it had received disability claims from 39,419 soldiers who had been exposed to Agent Orange while serving in Vietnam. In a November 2004 Zogby International poll of 987 people, 79% of respondents thought the U.S. chemical companies that produced Agent Orange defoliant should compensate U.S. soldiers who were affected by the toxic chemical used during the war in Vietnam, and 51% said they supported compensation for Vietnamese Agent Orange victims.
Australian and New Zealand veterans Several official investigations in Australia failed to prove otherwise even though extant American investigations had already established that defoliants were sprayed at U.S. airbases including Bien Hoa Air Base where Australian and New Zealand forces first served before being given their own Tactical area of responsibility (TAOR.) Even then, Australian and New Zealand non-military and military contributions saw personnel from both countries spread over Vietnam such as the hospitals at Bong Son and Qui Nhon, on secondments at various bases, and as flight crew and ground crew for flights into and out of Da Nang Air Base – all areas that were well-documented as having been sprayed. It wasn't until a group of Australian veterans produced official military records, maps, and mission data as proof that the TAOR controlled by Australian and New Zealand forces in Vietnam had been sprayed with the chemicals in the presence of personnel that the Australian government was forced to change its stance. Only in 1994 did the Australian government finally admit that it was true that defoliants had been used in areas of Vietnam where Australian forces operated, and the effects of these may have been detrimental to some Vietnam veterans and their children. It was only in 2015 that the official Australian War Memorial accepted rewriting the official history of Australia's involvement in the Vietnam War to acknowledge that Australian soldiers were exposed to defoliants used in Vietnam. New Zealand was even slower to correct its error, with the government going as far as to deny the legitimacy of the Australian reports in a report called the "McLeod Report," published by Veterans Affairs NZ in 2001, thus infuriating New Zealand veterans and those associated with their cause. In 2006 progress was made in the form of a Memorandum of Understanding signed between the New Zealand government, representatives of New Zealand Vietnam veterans, and the Royal New Zealand Returned and Services' Association (RSA) for monetary compensation for New Zealand Vietnam veterans who have conditions as evidence of association with exposure to Agent Orange, as determined by the United States National Academy of Sciences. In 2008, the New Zealand government finally admitted that New Zealanders had been exposed to Agent Orange while serving in Vietnam, and the experience was responsible for detrimental health conditions in veterans and their children. Amendments to the memorandum made in 2021 meant that more veterans were eligible for an ex gratia payment of NZ$40,000.
National Academy of Medicine (Institute of Medicine) Starting in the early 1990s, the federal government directed the Institute of Medicine (IOM), renamed the National Academy of Medicine, to issue reports every 2 years on the health effects of Agent Orange and similar herbicides. First published in 1994 and titled Veterans and Agent Orange, the IOM reports assess the risk of both cancer and non-cancer health effects. Each health effect is categorized by evidence of association based on available research data. The last update was published in 2016, entitled Veterans and Agent Orange: Update 2014. The report shows sufficient evidence of an association with soft tissue sarcoma; non-Hodgkin lymphoma (NHL); Hodgkin disease; Chronic lymphocytic leukemia (CLL); including hairy cell leukemia and other chronic B-cell leukemias. Limited or suggested evidence of an association was linked with respiratory cancers (lung, bronchus, trachea, larynx); prostate cancer; multiple myeloma; and bladder cancer. Numerous other cancers were determined to have inadequate or insufficient evidence of links to Agent Orange. The National Academy of Medicine has repeatedly concluded that any evidence suggestive of an association between Agent Orange and prostate cancer is "limited because chance, bias, and confounding could not be ruled out with confidence." At the request of the Veterans Administration, the Institute of Medicine evaluated whether service in these C-123 aircraft could have plausibly exposed soldiers and been detrimental to their health. Their report Post-Vietnam Dioxin Exposure in Agent Orange-Contaminated C-123 Aircraft confirmed it.
U.S. Public Health Service Publications by the United States Public Health Service have shown that Vietnam veterans, overall, have increased rates of cancer, and nerve, digestive, skin, and respiratory disorders. The Centers for Disease Control and Prevention notes that in particular, there are higher rates of acute/chronic leukemia, Hodgkin's lymphoma and non-Hodgkin's lymphoma, throat cancer, prostate cancer, lung cancer, colon cancer, ischemic heart disease, soft tissue sarcoma, and liver cancer. Except liver cancer, these are the same conditions the U.S. Veterans Administration has determined may be associated with exposure to Agent Orange/dioxin and are on the list of conditions eligible for compensation and treatment. Military personnel who were involved in storage, mixture and transportation (including aircraft mechanics), and actual use of the chemicals were probably among those who received the heaviest exposures. Military members who served on Okinawa also claim to have been exposed to the chemical, but there is no verifiable evidence to corroborate these claims. Some studies have suggested that veterans exposed to Agent Orange may be more at risk of developing prostate cancer and potentially more than twice as likely to develop higher-grade, more lethal prostate cancers. However, a critical analysis of these studies and 35 others consistently found that there was no significant increase in prostate cancer incidence or mortality in those exposed to Agent Orange or 2,3,7,8-tetracholorodibenzo-p-dioxin.
U.S. Veterans of Laos and Cambodia During the Vietnam War, the United States fought the North Vietnamese, and their allies, in Laos and Cambodia, including heavy bombing campaigns. They also sprayed large quantities of Agent Orange in each of those countries. According to one estimate, the U.S. dropped 475,500 U.S. gal (1,800,000 L; 395,900 imp gal) in Laos and 40,900 U.S. gal (155,000 L; 34,100 imp gal) in Cambodia. Because Laos and Cambodia were both officially neutral during the Vietnam War, the U.S. attempted to keep secret its military operations in those countries, from the American population and has largely avoided compensating American veterans and CIA personnel stationed in Cambodia and Laos who suffered permanent injuries as a result of exposure to Agent Orange there. One noteworthy exception, according to the U.S. Department of Labor, is a claim filed with the CIA by an employee of "a self-insured contractor to the CIA that was no longer in business." The CIA advised the Department of Labor that it "had no objections" to paying the claim and Labor accepted the claim for payment:
Civilian Exposure to Agent Orange in Vietnam: GAO-05-371 April 2005.Figure 3: Overview of the Workers' Compensation Claims Process for Contract Employees: " ... Of the 20 claims filed by contract employees [of the United States government], 9 were initially denied by the insurance carriers and 1 was approved for payment. ... The claim that was approved by Labor for payment involved a self-insured contractor to the CIA that was no longer in business. Absent an employer or insurance carrier, the CIA—acting in the role of the employer and the insurance carrier—stated that it "had no objections" to paying the claim. Labor reviewed the claim and accepted it for payment."
Environmental impact
About 17.8% or 12,000 square miles (31,000 km2; 3,100,000 ha) of the total forested area of Vietnam was sprayed during the war, which disrupted the ecological equilibrium. The persistent nature of dioxins, erosion caused by loss of tree cover, and loss of seedling forest stock meant that reforestation was difficult (or impossible) in many areas. Many defoliated forest areas were quickly invaded by aggressive pioneer species (such as bamboo and cogon grass), making forest regeneration difficult and unlikely. Animal species diversity was also impacted; in one study a Harvard biologist found 24 species of birds and 5 species of mammals in a sprayed forest, while in two adjacent sections of unsprayed forest there were, respectively, 145 and 170 species of birds and 30 and 55 species of mammals. The environmental destruction caused by this defoliation has been described by Swedish Prime Minister Olof Palme, lawyers, historians and other academics as an ecocide. Dioxins from Agent Orange have persisted in the Vietnamese environment since the war, settling in the soil and sediment and entering the food chain through animals and fish that feed in the contaminated areas. The movement of dioxins through the food web has resulted in bioconcentration and biomagnification. The areas most heavily contaminated with dioxins are former U.S. air bases.
Sociopolitical impact American policy during the Vietnam War was to destroy crops, accepting the sociopolitical impact that that would have. The RAND Corporation's Memorandum 5446-ISA/ARPA states: "the fact that the VC [the Vietcong] obtain most of their food from the neutral rural population dictates the destruction of civilian crops ... if they are to be hampered by the crop destruction program, it will be necessary to destroy large portions of the rural economy – probably 50% or more". Crops were deliberately sprayed with Agent Orange and areas were bulldozed clear of vegetation forcing many rural civilians to cities.
Legal and diplomatic proceedings
International The extensive environmental damage that resulted from usage of the herbicide prompted the United Nations to pass Resolution 31/72 and ratify the Environmental Modification Convention. Many states do not regard this as a complete ban on the use of herbicides and defoliants in warfare, but it does require case-by-case consideration. Article 2(4) of Protocol III of the Convention on Certain Conventional Weapons contains the "Jungle Exception", which prohibits states from attacking forests or jungles "except if such natural elements are used to cover, conceal or camouflage combatants or military objectives or are military objectives themselves". This exception voids any protection of any military and civilian personnel from a napalm attack or something like Agent Orange, and it has been argued that it was clearly designed to cover situations like U.S. tactics in Vietnam.
Class action lawsuit Since at least 1978, several lawsuits have been filed against the companies which produced Agent Orange, among them Dow Chemical, Monsanto, and Diamond Shamrock. In 1978, army veteran Paul Reutershan sued Dow Chemical for $10 million, after he was diagnosed with terminal cancer that he believed was a result of Agent Orange exposure. After Reutershan died in December 1978, his attorneys added additional plaintiffs and refiled the lawsuit as a class action. That lawsuit would eventually represent thousands of veterans, and was considered one of the largest and most complex lawsuits ever brought in the US at that time. Attorney Hy Mayerson was an early pioneer in Agent Orange litigation, working with environmental attorney Victor Yannacone in 1980 on the first class-action suits against wartime manufacturers of Agent Orange. In meeting Dr. Ronald A. Codario, one of the first civilian doctors to see affected patients, Mayerson, so impressed by the fact a physician would show so much interest in a Vietnam veteran, forwarded more than a thousand pages of information on Agent Orange and the effects of dioxin on animals and humans to Codario's office the day after he was first contacted by the doctor. The corporate defendants sought to escape culpability by blaming everything on the U.S. government. In 1980, Mayerson, with Sgt. Charles E. Hartz, as their principal client, filed the first U.S. Agent Orange class-action lawsuit in Pennsylvania, for the injuries military personnel in Vietnam suffered through exposure to toxic dioxins in the defoliant. Attorney Mayerson co-wrote the brief that certified the Agent Orange Product Liability action as a class action, the largest ever filed as of its filing. Hartz's deposition was one of the first ever taken in America, and the first for an Agent Orange trial, for the purpose of preserving testimony at trial, as it was understood that Hartz would not live to see the trial because of a brain tumor that began to develop while he was a member of Tiger Force, special forces, and LRRPs in Vietnam. The firm also located and supplied critical research to the veterans' lead expert, Dr. Codario, including about 100 articles from toxicology journals dating back more than a decade, as well as data about where herbicides had been sprayed, what the effects of dioxin had been on animals and humans, and every accident in factories where herbicides were produced or dioxin was a contaminant of some chemical reaction. The chemical companies involved denied that there was a link between Agent Orange and the veterans' medical problems. However, on May 7, 1984, seven chemical companies settled the class-action suit out of court just hours before jury selection was to begin. The companies agreed to pay $180 million as compensation if the veterans dropped all claims against them. Slightly over 45% of the sum was ordered to be paid by Monsanto alone. Many veterans who were victims of Agent Orange exposure were outraged the case had been settled instead of going to court and felt they had been betrayed by the lawyers. "Fairness Hearings" were held in five major American cities, where veterans and their families discussed their reactions to the settlement and condemned the actions of the lawyers and courts, demanding the case be heard before a jury of their peers. Federal Judge Jack B. Weinstein refused the appeals, claiming the settlement was "fair and just". By 1989, the veterans' fears were confirmed when it was decided how the money from the settlement would be paid out. A totally disabled Vietnam veteran would receive a maximum of $12,000 spread out over the course of 10 years. Furthermore, by accepting the settlement payments, disabled veterans would become ineligible for many state benefits that provided far more monetary support than the settlement, such as food stamps, public assistance, and government pensions. A widow of a Vietnam veteran who died of Agent Orange exposure would receive $3,700. In 2004, Monsanto spokesman Jill Montgomery said Monsanto should not be liable at all for injuries or deaths caused by Agent Orange, saying: "We are sympathetic with people who believe they have been injured and understand their concern to find the cause, but reliable scientific evidence indicates that Agent Orange is not the cause of serious long-term health effects." On 22 August 2024, the Court of Appeal of Paris dismissed an appeal filed by Tran To Nga against 14 US corporations that supplied Agent Orange for the US army during the war in Vietnam. The lawyers said that Nga will take her case to France's highest appeals court. Only military veterans from the United States and its allies in the war have won compensation so far. Some of the agrochemical companies in the U.S. have compensated U.S. veterans, but not to Vietnamese victims.
New Jersey Agent Orange Commission In 1980, New Jersey created the New Jersey Agent Orange Commission, the first state commission created to study its effects. The commission's research project in association with Rutgers University was called "The Pointman Project". It was disbanded by Governor Christine Todd Whitman in 1996. During the first phase of the project, commission researchers devised ways to determine trace dioxin levels in blood. Before this, such levels could only be found in the adipose (fat) tissue. The project studied dioxin (TCDD) levels in blood as well as in adipose tissue in a small group of Vietnam veterans who had been exposed to Agent Orange and compared them to those of a matched control group; the levels were found to be higher in the exposed group. The second phase of the project continued to examine and compare dioxin levels in various groups of Vietnam veterans, including Soldiers, Marines, and Brownwater Naval personnel.
U.S. Congress In 1991, Congress enacted the Agent Orange Act, giving the Department of Veterans Affairs the authority to declare certain conditions "presumptive" to exposure to Agent Orange/dioxin, making these veterans who served in Vietnam eligible to receive treatment and compensation for these conditions. The same law required the National Academy of Sciences to periodically review the science on dioxin and herbicides used in Vietnam to inform the Secretary of Veterans Affairs about the strength of the scientific evidence showing association between exposure to Agent Orange/dioxin and certain conditions. The authority for the National Academy of Sciences reviews and addition of any new diseases to the presumptive list by the VA expired in 2015 under the sunset clause of the Agent Orange Act of 1991. Through this process, the list of 'presumptive' conditions has grown since 1991, and currently the U.S. Department of Veterans Affairs has listed prostate cancer, respiratory cancers, multiple myeloma, type II diabetes mellitus, Hodgkin's disease, non-Hodgkin's lymphoma, soft tissue sarcoma, chloracne, porphyria cutanea tarda, peripheral neuropathy, chronic lymphocytic leukemia, and spina bifida in children of veterans exposed to Agent Orange as conditions associated with exposure to the herbicide. This list now includes B cell leukemias, such as hairy cell leukemia, Parkinson's disease and ischemic heart disease, these last three having been added on August 31, 2010. Several highly placed individuals in government are voicing concerns about whether some of the diseases on the list should, in fact, actually have been included. In 2011, an appraisal of the 20-year long Air Force Health Study that began in 1982 indicates that the results of the AFHS as they pertain to Agent Orange, do not provide evidence of disease in the Operation Ranch Hand veterans caused by "their elevated levels of exposure to Agent Orange". The VA initially denied the applications of post-Vietnam C-123 aircrew veterans because, as veterans without "boots on the ground" service in Vietnam, they were not covered under VA's interpretation of "exposed". In June 2015, the Secretary of Veterans Affairs issued an Interim final rule providing presumptive service connection for post-Vietnam C-123 aircrews, maintenance staff and aeromedical evacuation crews. The VA now provides medical care and disability compensation for the recognized list of Agent Orange illnesses.
U.S.–Vietnamese government negotiations In 2002, Vietnam and the U.S. held a joint conference on Human Health and Environmental Impacts of Agent Orange. Following the conference, the U.S. National Institute of Environmental Health Sciences (NIEHS) began scientific exchanges between the U.S. and Vietnam, and began discussions for a joint research project on the human health impacts of Agent Orange. These negotiations broke down in 2005, when neither side could agree on the research protocol, and the research project was canceled. More progress has been made on the environmental front. In 2005, the first U.S.-Vietnam workshop on remediation of dioxin was held. Starting in 2005, the EPA began to work with the Vietnamese government to measure the level of dioxin at the Da Nang Air Base. Also in 2005, the Joint Advisory Committee on Agent Orange, made up of representatives of Vietnamese and U.S. government agencies, was established. The committee has been meeting yearly to explore areas of scientific cooperation, technical assistance and environmental remediation of dioxin. A breakthrough in the diplomatic stalemate on this issue occurred as a result of United States President George W. Bush's state visit to Vietnam in November 2006. In the joint statement, President Bush and President Triet agreed "further joint efforts to address the environmental contamination near former dioxin storage sites would make a valuable contribution to the continued development of their bilateral relationship." On May 25, 2007, President Bush signed the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 into law for the wars in Iraq and Afghanistan that included an earmark of $3 million specifically for funding for programs