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The Agent Orange Settlement Fund During the past decade, the
Department of Veterans Affairs has received many inquiries regarding the Agent
Orange Settlement Fund. That Fund, created as a result of a private class
action lawsuit settlement, involved neither VA nor any other executive branch
agency of the Federal government.
The Settlement Fund closed in 1997. Below is a brief history.The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation a class action lawsuit brought by Vietnam veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam veterans to chemical herbicides used during the Vietnam war. The suit was brought against the major manufacturers of these herbicides. The class action case was settled out-of-court in 1984 for $180 million dollars, reportedly the largest settlement of its kind at that time. The Settlement Fund was distributed to class members in accordance with a distribution plan established by United States District Court Judge Jack B. Weinstein, who presided over the litigation and the settlement. Because the plaintiff class was so large (an estimated 10 million people), the Fund was distributed to class members in the United States through two separate programs designed to provide maximum benefits to Vietnam veterans and their families most in need of assistance:
Applications for he Payment Program had to be submitted prior to December 31, 1994. To be eligible for compensation under the Payment Program, Vietnam veterans or their survivors had to establish the following:
The other part of the Settlement Fund, the Class Assistance Program, was intended by the distribution plan to function as a foundation. Between 1989 and 1996 it distributed, through a series of Requests for Proposal, $74 million to 83 social services organizations throughout the United States. These agencies, which ranged from disability and veterans service organizations to community-based not-for-profits, provided counseling, advocacy, medical and case-management services. During this period, these organizations assisted over 239,000 Vietnam veterans and their families. On September 27, 1997, the District Court ordered the Fund closed, its assets having been fully distributed. |