France

French Court Upholds Ruling Blocking Agent Orange Lawsuit by Vietnamese Woman

PARIS, France – A Paris court on Thursday rejected the appeal of Tran To Nga, a French-Vietnamese woman seeking to sue Monsanto and other agrochemical companies for the use of Agent Orange during the Vietnam War. This marks another setback in her long-standing battle for justice.

Nga, 82, accused 14 agrochemical firms of causing severe harm to her and countless others by supplying Agent Orange to the U.S. military, which used the herbicide extensively in Vietnam between 1962 and 1971.

The chemical, containing the highly toxic dioxin, was deployed to eliIn 2021, a French court dismissed Nga’s initial case, citing that the companies were shielded by legal immunity since they had been working under the authority of a sovereign governmentminate forest cover and crops during the war, but its devastating effects have lingered for decades.

This principle of sovereign immunity protects contractors working for a government from liability in civilian courts. On Thursday, the Paris Court of Appeal upheld this ruling, reiterating that Nga’s claims were obstructed by the companies’ immunity status.

Nga expressed disappointment with the decision, but vowed to continue her fight. Her legal team confirmed that they would escalate the case to France’s highest appeals court, seeking a final ruling.

“This is not the end,” Nga said in a statement. “I am determined to keep going for justice, for myself, and for the millions of victims.”

A former journalist who covered the Vietnam War, Nga was born in what was then French Indochina and has resided in France for over 30 years.

She claims her health issues, including Type 2 diabetes, tuberculosis, and cancer, are linked to her exposure to Agent Orange.

Her daughter, who tragically died from a heart malformation, is also believed to be a victim of the chemical’s devastating effects.

Campaigners estimate that four million people in Vietnam, Laos, and Cambodia were exposed to the 76 million liters (20 million gallons) of Agent Orange sprayed by U.S. forces during the conflict.

Vietnam blames the chemical for a range of health issues, including severe birth defects, with over 150,000 children reportedly affected.

However, compensation has so far been limited to military veterans from the United States, Australia, and South Korea, leaving Vietnamese civilians without restitution.

Monsanto, which was acquired by German chemicals giant Bayer in 2018, has consistently denied liability in the case.

The company, along with others named in the lawsuit, argued that the French courts lacked jurisdiction due to the principle of sovereign immunity, a defense that has been upheld in each legal proceeding.

Environmental and health advocacy groups have rallied around Nga, viewing her case as symbolic of the broader struggle for justice for Agent Orange victims.

Despite the legal setbacks, Nga remains a determined voice for those affected by the toxic legacy of the Vietnam War.

Her next move will be to appeal to France’s highest court, hoping for a breakthrough in a battle that has already spanned decades. “I will not give up,” Nga said. “We owe it to the future generations to ensure that justice is done.”

 

Gabriel Peters

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