Word: settlements
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Dates: during 1980-1989
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Ryan, last week, was among those who won, or at least reached a negotiated settlement of, their longest battle of the Viet Nam War. His family and four others acted as plaintiffs representing thousands of Viet Nam veterans and their families in a massive class action against manufacturers of the herbicide. They charged that Agent Orange caused, among other things, cancer and liver damage in many of the soldiers, miscarriages in some of their wives and birth defects in some of their children. The five-year legal struggle, which came to symbolize the bitter suffering and frustration of the veterans...
Judge Jack Weinstein hammered out the settlement at federal district court in Brooklyn, N.Y., shortly before dawn of the day that jury selection was scheduled to begin. The seven corporate defendants-Dow Chemical, Monsanto, Uniroyal. Diamond Shamrock, Hercules, T.H. Agriculture and Nutrition and the now defunct Thompson Chemical-denied any liability for the veterans' illnesses: their position was that Agent Orange had not caused the health problems and that they had merely manufactured the defoliant according to the military's instructions. Nonetheless, the companies agreed to place $180 million into a fund that will be used to compensate...
...emotional and uncertain jury trial. Although some corporate executives felt that the chemical companies had surrendered to an unjustified payoff, the share prices of the five companies on the New York Stock Exchange rose after the news. Some veterans felt that their side had sold out. "This was the settlement the chemical companies were looking for," said Lee Covino, a Viet Nam veteran in New York City. "The vets had no say in this." But most seemed to agree with Frank McCarthy, president of the Vietnam Veterans Agent Orange Victims. "It's an incredible start," he proclaimed. "We wanted...
...settlement reached last week was due mainly to the forceful prodding of Judge Weinstein. He appointed three prominent lawyers to work as intermediaries. In the final stages of the negotiations, the veterans sought $250 million plus interest; the chemical companies offered $100 million without interest. During the weekend before jury selection was to start, two of the mediators worked round the clock, shuttling between empty courtrooms in the cavernous Brooklyn federal courthouse with proposals and counterproposals. The lawyers napped on tables and benches, munched on delicatessen sandwiches, played cards and studied the latest offers. At midnight before the Monday trial...
Last week's settlement will not end the fight to have the Government accept some responsibility for the problems as cribed to Agent Orange. Dow Chemical announced that it would sue the Government to recover the money. Some lawyers believe that families of the affected veterans may be entitled to sue the Government even though the Feres decision prevents the former soldiers from doing so. Democratic Congressman Thomas Daschle of South Dakota, a Viet Nam veteran, demanded that the Government accept a measure of responsibility and join in providing some compensation. "If the companies can do it, then...