Nehmer

Nehmer v. Veterans' Administration of the Government of the United States

Good Law
284 F.3d 1158
United States Court of Appeals for the Ninth CircuitApril 1, 2002No. 01-15325California1,555 words

Opinion

Lead Opinion

Nelson, J.

In this case we must interpret the requirements of a court-approved Stipulation and Order setting forth some of the United States Government’s ongoing responsibili *1160 ties to Vietnam veterans exposed to Agent Orange. Because we agree with the district court’s interpretation of the Stipulation and Order, we affirm.

I. Facts

Agent Orange is a chemical defoliant used by the United States Armed Forces in Vietnam to clear dense jungle land during the war. It contains the toxic substance dioxin. Since its use, Agent Orange has been statistically linked with the occurrence of many diseases in those exposed, including prostate cancer. For more than fifteen years, veterans suffering from diseases they believe to have been caused by Agent Orange have struggled with the United States for compensation. See, e.g., In Re Agent Orange Product Liability Litigation, 818 F.2d 194 (2d Cir.1987); Nehmer v. United States Veterans Admin., 712 F.Supp. 1404 (N.D.Cal.1989) (“Nehmer I”); Nehmer v. United States Veterans Admin., 32 F.Supp.2d 1175 (N.D.Cal.1999) (“Nehmer II"). Because Nehmer I and Nehmer II set forth the context for this dispute, we describe additional facts only as needed.

In 1986,…

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