weinstein again...implications re DU and chem exp ingw

[Guest guest]

Agent Orange Plaintiffs to Appeal Ruling

By THE ASSOCIATED PRESS

Filed at 9:59 p.m. ET

HANOI, Vietnam (AP) -- A former North Vietnamese soldier who spent years

fighting in the war, Nguyen Van Quy is devoting himself to another long battle

--

this one against Agent Orange.

Quy, 50, a plaintiff in a class-action lawsuit against the U.S. manufacturers

of the wartime defoliant, said he does not plan to give up hope despite a

U.S. federal judge's decision Thursday to dismiss the case accusing the

companies

of committing war crimes by supplying Agent Orange.

``I'm determined to pursue the case until the end, because this is justice.

I'll fight, not just for myself, but for millions of Vietnamese victims,'' said

Quy, who is fighting stomach and liver cancer he blames on his exposure to

Agent Orange. ``Those who produced these toxic chemicals must take

responsibility for their action.''

U.S. District Judge Jack B. Weinstein threw out the case in New York, saying

it had no basis in law and the plaintiffs could not prove that Agent Orange

had caused their illnesses, largely because of a lack of research.

``There is no basis for any of the claims of plaintiffs under the domestic

law of any nation or state or under any form of international law,'' he said in

a 233-page ruling.

During the Vietnam War, U.S. aircraft sprayed more than 21 million gallons of

defoliant, mostly Agent Orange, over the country from 1962 to 1971 to destroy

crops and remove the communist forces' cover. It has been blamed for a vast

range of health problems.

The group that filed the suit, the Vietnam Association for Victims of Agent

Orange, said it plans to appeal.

``Weinstein has turned a blind eye before the obvious truth,'' said Nguyen

Trong Nhan, the group's vice president. ``It's a shame for him to put out that

decision. We just want justice, nothing more.''

The lawsuit was the first-ever attempt by Vietnamese plaintiffs to seek

compensation for the effects of Agent Orange, which contains the toxic chemical

dioxin.

Lawyers for chemical manufacturers Monsanto, Dow Chemical and a dozen other

companies argued the firms should not be punished for following the orders of

the nation's president and that international law exempted corporations from

liability for alleged war crimes.

Many U.S. veterans and Vietnamese have long blamed Agent Orange for cancer,

diabetes, spina bifida and other problems. The U.S. government claims there is

no direct evidence linking dioxin to the ailments.

However, about 10,000 U.S. veterans receive disability benefits related to

Agent Orange exposure.

Vietnam estimates that some 3 million people were exposed to the herbicide

and another 1 million were directly affected by it.

Vietnam's government has never formally asked for compensation for Agent

Orange victims, though Foreign Ministry spokesman Le Dung repeated Hanoi's

contention that the United States has a moral responsibility to heal the wounds

of

war.

``Regardless of what the court's ruling is, it can't change the truth that

the Agent Orange used by the U.S. forces during the war in Vietnam caused

extremely heavy consequences to the Vietnamese people and environment,'' he

said.

``Solving the consequences of Agent Orange is a pressing humanitarian issue.''

Quy, the former soldier, believes Agent Orange is also responsible for the

birth defects in his two children. His 18-year-old son was born with spinal

problems and mental disabilities, while his 14-year-old daughter is deaf, mute

and

developmentally disabled.

``I don't know how long I can live, but if I die, my family, my friends will

continue to pursue the suit to ensure justice,'' he said.