
December 18, 2001
Two veterans who say they developed cancer because of exposure to Agent Orange during the Vietnam War can sue the chemical's manufacturers according to a recent ruling by the 2nd U.S. Circuit Court of Appeals. A 1984 class action settlement had foreclosed the possibility of individual lawsuits against more than a dozen companies that made the product, including Dow Chemical Co. The 1984 settlement paid veterans who were exposed to Agent Orange and then died or became ill before 1994.
But plaintiffs Joe Isaacson and Daniel Stephenson were diagnosed with cancer after the 1994 deadline. As a result, the appeals court ruled that the veterans were not "adequately represented" in the 1984 settlement and could file another suit. Analysts predict that several new lawsuits could emerge because of the court's decision. Attorneys say that new scientific studies and enhanced technology make it easier to prove that a veteran's cancer was caused by exposure to Agent Orange.
-- Article Courtesy of InjuryBoard.com
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