U.S. Supreme Court set to hear Agent Orange case

October 29, 1995
Web posted at: 9:20 p.m. EST

From Correspondent Anthony Collings

WILMINGTON, Delaware (CNN) -- The U.S. Supreme Court is set to hear arguments Monday on the emotional issue of Agent Orange, a defoliant used during the Vietnam War. The court will decide whether taxpayers should reimburse two chemical manufacturing companies that paid millions of dollars to veterans who said the chemical damaged their health.

Many Vietnam veterans say they developed cancer and other illnesses because of Agent Orange, used by U.S. forces to remove jungle cover from the enemy. Some veterans sued the companies that produced the chemical, and settled out of court.

One of those companies, Hercules, Inc., in Wilmington, Del., wants to be reimbursed for almost $19 million it paid to veterans and $6 million paid to lawyers during the case. In court, Hercules argued that the U.S. government should pay.

"We did everything we could to make sure that the product ultimately delivered to the government was a safe product," said Michael Keehan, a spokesman for Hercules, "and it just seems unequitable and unfair for us to bear accountability when the accountability is someone else's accountability-- namely the U.S. government's."

Paul Sutton, of the Vietnam Veterans of America's Agent Orange Committee, angrily disagreed with the company's claim. His two children, he said, suffer from a variety of mental and physical problems (a third son died at three months old) because he was exposed to Agent Orange as a Marine in Vietnam.

"We literally are going to let these people get away with murder if we give them this money back," he said, "which means it never cost them anything." ( 111K AIFF sound or 111K WAV sound)

Some veterans groups said that if Agent Orange manufacturers get the government to pay their settlement costs, there will be no incentive in the future for companies to be more careful.

"It will mean if you have a contract with the government you won't have to worry about safety," said Robert Hager of the Agent Orange Coordinating Council. "You don't have to worry about injuring people. You don't have to worry about polluting the environment, because if someone comes up and can prove that you're responsible, well, the taxpayer has to pay for it."

The federal government argued that it shouldn't have to pay Hercules -- and another company that went bankrupt -- for a settlement they brought on themselves.

But business groups say the government should pay, because it allegedly forced the defense contractors to make Agent Orange.

"The government knew that the products were dangerous," said Robin Conrad, an attorney for the U.S. Chamber of Commerce. "The companies did not know that. ... It's only fair that the government pay." ( 145K AIFF sound or 145K WAV sound)

There is money at stake in this case -- and emotions -- and something else: an issue of responsibility. The Supreme Court must decide who ultimately should be held accountable for the human cost of Agent Orange.

U.S. Supreme Court set to hear Agent Orange case

| CONTENTS | SEARCH | CNN HOME PAGE | MAIN U.S. NEWS PAGE |