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Court Scraps Agent Orange Suit

Judge says chemical was used as a defoliant, not a weapon

By Jonas Oransky,  Newser Staff

Posted Feb 22, 2008 3:17 PM CST

(Newser) – Vietnamese plaintiffs who say Agent Orange caused them serious health problems ran into a judicial dead end today. A federal appeals court upheld the dismissal of a civil lawsuit over use of the defoliant in the Vietnam War. The suit claimed that Dow Chemical and other companies violated a ban on poisonous weapons and were responsible for millions of cases of birth defects and cancer, Reuters reports.

"Agent orange was used as a defoliant and not as a poison designed for or targeting human populations,” ruled the judge. American warplanes dropped roughly 18 million gallons of the chemical, but the US says there's no proven link with 3 million alleged cases of dioxin poisoning. The defendants applauded the decision and reiterated that the US and Vietnam governments should resolve such matters.

A physically and mentally disabled child sits on the steps of a hospital ward at a peace village center in the village of Thuy An, Vietnam, which houses people suffering from illnesses and deformities associated with contact to dioxin in chemical defoliant Agent Orange, in this May 15, 2007, file...
A physically and mentally disabled child sits on the steps of a hospital ward at a "peace village" center in the village of Thuy An, Vietnam, which houses people suffering from illnesses and deformities...   (Associated Press)
Two young girls play in their village, seen through a door in the wall of the Danang airbase in Danang, Vietnam, in this May 21, 2007, file photo. More than 30 years after the Vietnam War ended, the poisonous legacy of Agent Orange has emerged anew with a scientific study...
Two young girls play in their village, seen through a door in the wall of the Danang airbase in Danang, Vietnam, in this May 21, 2007, file photo. More than 30 years after the Vietnam War ended, the poisonous...   (Associated Press)
Physically and mentally disabled children sit in their room at a peace village center for people suspected to have been damaged by the dioxin found in the chemical defoliant Agent Orange and other illnesses, in the village of Thuy An, Vietnam, in this May 15, 2007, file photo. (AP Photo/David...
Physically and mentally disabled children sit in their room at a "peace village" center for people suspected to have been damaged by the dioxin found in the chemical defoliant Agent Orange and other illnesses,...   (Associated Press)
In this file photo from 1980, schoolboys visit the War Museum in Ho Chi Minh City, Vietnam, where drums of Agent Orange are displayed. (NYC34656)
In this file photo from 1980, schoolboys visit the War Museum in Ho Chi Minh City, Vietnam, where drums of Agent Orange are displayed. (NYC34656)   (Magnum Photos)
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