Companies producing Agent Orange still not held accountable for their wrongdoing

Chemical companies did not follow the correct defoliation process

Matthew Keenan (U.S. veteran, volunteer of Da Nang Agent Orange Association): I am a U.S. veteran who fought in Vietnam since 1970. In 2013, I was examined and diagnosed with prostate cancer due to Agent Orange contamination during the war in Vietnam. When I found out I was sick, I decided to return to Vietnam and now live in Da Nang city. I know there are millions of Vietnamese people who also suffer from different illnesses from this poison.

In the United States, veterans who were exposed to Agent Orange in Vietnam can be compensated for certain illnesses. The U.S. government recognizes 20 diseases attributed to Agent Orange exposure. If a U.S. veteran can prove that he or she has been anywhere in Vietnam, an airport in Thailand, or a naval vessel near the coast of Vietnam, and has one or more than 20 illnesses, they can file a claim.

The Veterans Administration reviews the claim and if the Vietnam service is verified and the illness is medically verified, they will determine the extent of the illness and assess the extent of disability from 10 to 100%. If a veteran is given a disability rating, they will receive free medical care to treat the illness and also receive a monthly claim payment.

If the assessment is severe such as 100%, veterans get free medical care including oral and eye. In addition, those with a higher percentile rating will receive more financial compensation than those with a lower percentile disability rating. This is no secret. The list of 20 diseases and compensation amounts can be found very easily by searching the Internet or Google.

Matthew Keenan with children affected by Agent Orange in Da Nang city.

I know about Tran To Nga's lawsuit demanding justice for Vietnam's Agent Orange/dioxin victims. I want to know more. I think the court made a mistake. I want to talk to attorneys and read court papers. I am curious about the court's decision that companies cannot be held responsible for the way the United States uses chemicals. Under legal circumstances, companies can be held liable for creating a defective product. With Agent Orange, the companies did not follow the correct defoliation process.

Chemicals are supposed to be distilled at a certain temperature for a specific amount of time. The companies decided to speed up the process and distill the chemicals at higher temperatures and less time. As a result, the product is far more toxic than intended.

As a result, the United States government purchased, received, and sprayed a product that caused damage to people and land resources. According to product liability theory, companies can be held liable for injuries caused by defective products even though they are not involved in the distribution of the product.

I am trying to connect with lawyers for Nga to discuss this legal issue. I do not know if it ever went to court. If it was, I have never seen a discussion about it.

I look forward to connecting with the legal team, law firm or attorney regarding this case. My legal analysis, if correct, would destroy the court's decision on this matter.