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                  VA NEWS FLASH
from Larry Scott at VA Watchdog dot Org -- 09-05-2007 #6
 







 

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AGENT ORANGE: "WE WERE TOLD IT WOULDN'T HURT

US." -- Those who were poisoned by Agent Orange at

Base Gagetown may finally get paid.

 

 

For more about Agent Orange, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/
sessearch.php?q=agent
+orange&op=ph

For more about Agent Orange at Base Gagetown, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/ses
search.php?q=gagetown&op=and

Story here... http://www.macleans.ca/
science/health/article.jsp?content=
20070903_109070_109070

Story below:

-------------------------

Orange Alert: 'We were told it wouldn't hurt us'

Those who were poisoned by Agent Orange at CFB Gagetown may finally get paid

KATE LUNAU



John Chisholm remembers when Agent Orange came to Gagetown in New Brunswick in 1966. Stationed on the military base as a member of the artillery unit, the young soldier was assigned with a handful of others to help spray the chemical defoliant. Some days Chisholm would mix it; others he'd stand out in the field, hoisting a giant flag to mark where helicopters should drop their load. "It would sting to the high heavens," recalls Chisholm, now 69, who was repeatedly doused in the herbicide. "But I'll tell you one thing we did notice right off the bat: there were no more mosquitoes out there. It'd kill them in no time."

Agent Orange -- famously used by the U.S. military to clear swaths of the Vietnamese jungle from 1962 to 1971 -- was sprayed over a small area of CFB Gagetown for three days in 1966 and four days in 1967 as part of a U.S. military test project. Agent Purple, its lesser-known cousin, was also sprayed, as was Agent White -- together, the so-called "rainbow drugs," as Chisholm knows them. "We were told it wouldn't hurt us," he says, recalling one fellow soldier eating a boxed lunch off a barrel of Agent Orange, and others even spraying one another with it to cool off.

Agent Orange exposure has since been associated with an array of medical conditions, from leukemia to diabetes to prostate cancer, according to the U.S. Institute of Medicine (the IOM is recognized by the Canadian government as the leading scientific authority on the herbicide). Chisholm now has prostate cancer. He hasn't received a cent in compensation from the Canadian government, money he feels he deserves. Now, after years of delay, a compensation package could be on the horizon. Veterans Affairs Minister Greg Thompson recently told Maclean's to expect an announcement "before summer passes." Veterans, civilians and communities around the base are all being looked at, Thompson said. "We've tried to come up with a package that is fair to all those considerations," he explained.

While it's not yet clear who would be eligible for compensation, thousands of Canadians who have worked or lived on or near CFB Gagetown feel they're owed it -- and say the problem extends well past the test use of Agent Orange. Many claim they've been harmed by other herbicides sprayed on areas of the base almost annually since 1956 to remove cover and reduce the risk of forest fires during soldiers' exercises. "In our community, anecdotally, there seems to be an awful lot of cancer," says Jody Carr, MLA for Oromocto-Gagetown.

In the early years of the spray program, "the contaminants of the annual spray were one and the same as the contaminants of Agents Orange, White and Purple," says former New Brunswick health minister Dennis Furlong, who's led an inquiry into the use of herbicides on the base, adding that the contaminants were spread unknowingly at the time, according to his research. While Ottawa insists herbicide spraying on the base has been tightly controlled, defoliants did drift on the wind to nearby Upper Gagetown and Sheffield in 1964, wiping out some farmers' crops. "Tomatoes just crack," farmer's daughter Gwen Harvey, 15, told the Aug. 8, 1964, edition of the local Daily Gleaner newspaper. The government paid out about $250,000 in reparations and modified its spray program to reduce drift as a result.

Ottawa's sluggish response to calls for Agent Orange compensation stands in stark contrast to the U.S. and New Zealand. In the U.S., Vietnam veterans are paid automatically if they develop a medical condition associated with Agent Orange exposure. New Zealand last year announced a $22-million compensation package that includes ex gratia payments of $30,000 to its Vietnam vets suffering from certain conditions. The package also included a formal apology. Britain has even compensated a British soldier exposed to Agent Orange at Gagetown: Keith Pilmoor, who was stationed at the base in 1966 and said he was sick for decades after, was awarded a special pension earlier this year.

Ottawa, meanwhile, didn't publicly acknowledge that veterans had been harmed by the use of Agent Orange at Gagetown until 2005. That was the year Gloria Sellar broke the news that her husband had received a medical disability pension for exposure, widely believed to be the first pension of its kind. Retired Brig.-Gen. Gordon Sellar, who commanded the Black Watch regiment at Gagetown and was later diagnosed with leukemia, died on Oct. 1, 2004, only months after the pension was awarded. "We all knew something terrible was happening, but no one was talking about it," Sellar says. She's been a strong advocate for victims ever since.

When Chisholm learned that Sellar had received a pension, he was angry. "I said, 'What the hell's going on?' They may have slept in it; they may have been sprayed. But they were never in it like I was." Chisholm has applied for a disability pension from Veterans Affairs four times, and four times he's been turned down for lack of documentation. "You can't get [documentation]. There is none," he says.

While DVA says it can't discuss specific cases, disability pension applications must be "evidence-based," says spokesperson Janice Summerby. Applicants must prove they were exposed to the herbicides, and have a medical condition the IOM associates with exposure. Eight pensions have been awarded so far to veterans exposed to Agent Orange and other herbicides at Gagetown (and 32 to peacekeepers for exposure in Vietnam after the January 1973 peace accords), while 1,652 applications have been filed, the vast majority of them related to Gagetown.

For civilians who worked on the base during the Agent Orange spraying, the fight for compensation has been even more difficult. A teenager in the summer of 1966, Ken Dobbie worked at CFB Gagetown cutting and burning defoliated brush. Dobbie, who now heads the Agent Orange Association of Canada, has suffered a rash of health problems -- from diabetes to brain atrophy -- ever since. But civilians aren't eligible for DVA pensions, so those who claim to have been affected must apply for worker's compensation. "They wanted my supervisor's signature," says Dobbie. "Who at CFB Gagetown or at DND am I going to get to sign my form, 40 years later?"

A total of 22 injury compensation claims related to Agent Orange exposure have been filed to the Workplace Health, Safety and Compensation Commission in New Brunswick. Of those, 15 have been rejected. The rest are still under review. But Dobbie's not waiting anymore: in 2005 he launched a class-action lawsuit in the Federal Court against the Department of National Defence. After the government sued Agent Orange manufacturers Dow Chemical Company and Monsanto Company as third parties, the action moved into the provincial courts. Class action lawsuits are now being pursued in eight provinces, and about 2,500 people, represented by lawyer Tony Merchant, have signed on. The suit in Newfoundland recently became the first to get the go-ahead when it was certified in the Newfoundland Supreme Court. DND, Dow and Pharmacia (formerly Monsanto) intend to appeal.

In 2005, shortly after Sellar broke the news about her husband's pension, Ottawa initiated a fact-finding mission to examine the herbicide spraying at Gagetown from 1952 to now. Furlong is at its head, and Chisholm and Sellar both sit on an advisory panel. While Carr notes that the project (which is to wrap up imminently) has been generally well-received, it's attracted some controversy. An environmental consulting company tied to the mission recently threatened to sue Green party leader Elizabeth May after she publicly criticized it. "[Cantox Environmental Ltd.] does have a reputation for having done health risk assessments and generally concluding there isn't a problem," May said in June, after the company (recently renamed Intrinsik) concluded in most of its studies that herbicides used at Gagetown posed no health risks. May did not retract her statement.

Retired Brig.-Gen. Ed Ring spent 34 years in the military, including several posted at Gagetown in the 1970s and '80s. He now suffers from non-Hodgkin's lymphoma (a condition the IOM associates with Agent Orange exposure). His take on the fact-finding mission is subdued; Ring hasn't been contacted by them, nor has he sought them out. "I'm sure they're reputable people," he says. "But it's irrelevant as far as I'm concerned for the soil to be tested at Gagetown [today]. For me, the damage was done then, when the stuff was on the ground." Ring is the lead plaintiff of the class-action suit in Newfoundland.

The most recent fact-finding mission report, released on Tuesday, also elicited some criticism. The first-ever epidemiological study of the Gagetown-area population, it concluded that people living there are no more prone to cancer than those living elsewhere in the province. Furlong admits the report isn't flawless. It only dates back to 1980, when medical records were digitized. With a project mandate of 18 months (that's already been exceeded by half a year), going back any further just wasn't possible, Furlong says. He stands by the work, noting that every study put out by the fact-finding project was twice peer-reviewed. "We can't make assumptions or work on emotion," Furlong says. "We have to use the best science we have, and that's what we've done."

As of yet, it's unclear what impact these findings will have on the long-awaited compensation package. Reports issued by the fact-finding mission are "all being reviewed by the people who are preparing a package," says the DVA's Summerby, adding that the information is also drawn upon when rendering decisions on disability pensions. But for those still awaiting compensation, is it only about the money? "I suspect it may be to a point," says Ring. "But a lot of people are looking for some kind of closure. I would like to see this through, and close the book on it."

-------------------------

Larry Scott  --

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