CFB Gagetown Class Actions in Jeopardy
Ottawa's and their (what I consider) questionable third partied Dow and Pharmacia's win in the New Brunswick class action courts against Spalding, blocking Gagetown victims from even launching a class action law suit in New Brunswick, has embolden them to try the same in Newfoundland, using pretty much the same arguments.
In most ways, Dow and Monsanto (Pharmacia) make the same argument about manageability and lack of commonality to each court. If their appeal is allowed in Newfoundland and certification is dismissed in Saskatchewan, subject to appeals, class members would have to bring their own individual actions or not sue at all.
It is hard for me to personally understand how Ottawa and the chemical industry can claim in one court that they believe there should only be one court case and that being in New Brunswick and then they use all means to prevent that very same New Brunswick certification. I am also having trouble with Dow and Monsanto (Paramecia) even being in this case at all. We never sued them and even Ottawa has only brought them in as third parties concerning the 1966 and 67, US chemical use in Gagetown. Both Dow and Pharmacia have denied providing the agent orange that was used in 1966/67, so why are they allowed to argue the remaining 29 years and over 3 million pounds/liters and the Canadian use of toxic pesticides at Base Gagetown?
The problem lies in the detail, much of which is under a court order and can not be made public as of yet but basically it boils down to... If the Victims and general public don't start to make their voices and opinions heard, on how both the veterans and civilians are being done by in this case, if we continue to allow our Government to use our own unlimited amounts of Tax dollars to defeat us in court, if we continue to allow Ottawa to choose which and even if they will compensate people for their government mistakes and if we continue to be lead quietly like sheep to the slaughter, Canada is doomed to the dictatorship we ourselves vote in... and what's more, we will deserver it.
Cpl. Kenneth H. Young CD (ret)
Tuesday, September 29, 2009
Friday, September 25, 2009
information
http://www.merchantlaw.com/agentop.html
This is Merchant Law Group's sit whee more information may be obtained on our Class Action Law suit.
This is Merchant Law Group's sit whee more information may be obtained on our Class Action Law suit.
Merchant Law Introduction
(quoted from their website)
On July 12, 2005 our firm launched a class action in the Federal Court of Canada on behalf of plaintiffs who claim to have suffered various types of harm and injury as a result of the use and disposal of Agent Orange, Agent Purple, or Agent White at CFB Gagetown between 1956 to 1985.That action was stayed in the Federal Court when the government moved to join Monsanto and Dow as third party defendants with the result that we began issuing proceedings in May 2006 in various superior courts in the provinces. We believe we have an even stronger case now than we did a year plus ago when we began this work to achieve justice, as we see it, for the victims of government action in the Gagetown area.If you were a member of the military, the family of a military member, a visitor, or a civilian or owned or own land in the CFB Gagetown area, or lived in the area at material times, and have suffered or expect to suffer one or more of the injuries listed, you are entitled to participate in the class action, if you meet the criteria of the following definition:All individuals (including their estates) who claim to have suffered or expect to suffer injury to their persons or their property as a result of the spraying of various chemicals by the Defendant between 1956 and 1984 at CFB Gagetown; the injures include:i) one of more of the following illnesses and losses consequent thereon:Cancer - lung, stomach, soft tissue, liver
Skin disorders - chloracne, hyperpigmentation, hirsutism.Male reproductive toxicity - reduced sperm count, testicular atrophy, abnormal testis structure, reduced size of genital organs, lower male hormone levels, feminization of hormonal, and behavioural responses.Female reproductive toxicity - hormonal changes, decreased fertility, inability to maintain pregnancy, ovarian dysfunction, endometriosis.
On unborn fetus - birth defects, alterations in reproductive system, decreased sperm count, altered mating behavior, structural abnormalities in female genitalia, reduced fertility, delayed puberty, neurological problems, developmental problems, Hormonal Changes including alterations in sex, thyroid, digestive and other hormones, Immune suppression and increased susceptibility to infectious diseases, Metabolic changes including altered glucose response, decreased insulin levels, altered fat metabolism, weight loss, wasting syndrome, fetal death.
Neurological Symptoms - headaches, muscle weakness, reduced sex drive, dizziness, nervousness, difficulties with erection, irritability, anxiety, decreased mental efficiency, depression, crying spells, insomnia, apathy, fatigue, loss of feeling in extremities, tremor, slowed thinking, tingling in toes and fingers, numbness, social withdrawal, slowed nerve conduction velocity, anorexia, trouble concentrating, Damage to liver, thymus, spleen, and bone marrow,Damage to heart leading to arrhythmias,Diabetes,Lung Problems,chronic pain and suffering;
Such other illnesses as are proved to be capable of being caused by the chemicals.
ii) death after contracting one of the illnesses described in i);
iii) loss of companionship of a mother, father, son, daughter, or sibling who died after contracting one of the illnesses described in i);
iv) The additional costs of raising a disabled child;
v) mental suffering as a result of having one or more miscarriages, and losses associated with pregnancy including loss of employment, loss of mobility, pain and suffering occurring during pregnancy and during childbirth and loss of an opportunity to have an abortion after becoming pregnant with a child that was likely to be born with a disability;
vi) reduced income and diminished quality of life as a result of being born with a disability;
vii) property losses:a. reduced value of landb. costs to test for contamination in landc. costs to remove contamination in land
viii) Enhanced risk of future injuryix) Medical surveillance expensesx) Fear of contracting a serious diseaseIt is important to know that even if the action is certified, a class action is designed to fairly and efficiently resolve a number of questions that each Class Member has in common.
A. What was sprayed, when, where, and how much?
B. Did what was sprayed "escape" from the land controlled by the Defendant, and if so, where, when, and how much?
C. Under all of the circumstances, what were and are the natural consequences of the escape of the chemicals that were sprayed?
D. Can what was sprayed cause, materially contribute to, or materially contribute to the risk of any of the injuries and harms claimed for and if so, which injuries or harms?
E. Which class or classes of persons, if any, did the Defendant owe a private law duty of care to?
F. What was the standard of care expected of the Defendant in spraying the chemicals and subsequently dealing with the concerns arising from the spraying and how, if at all, did it change over time?
G. Did the Defendant breach the standard of care as determined?
H. If so, what are the appropriate remedies for each class of persons?
I. Does the conduct of the Defendant under all of the circumstances merit an award of punitive damages?
The answers to one or more of these questions may significantly advance your personal claim against the Government. However, the Court may ultimately require you to prove the types of illnesses you have suffered and other facts that are unique to your own circumstances. At this time, you can assist, the proposed representative plaintiffs, who will assist our firm in advancing your claim(s) against the government, by providing us with the following information:
(1) The types of health problems you suffer or expect to suffer from and copies of any medical records you may have.
(2) When you were stationed at or lived around CFB Gagetown, that is, the years you were present near the base.
(3) Whether you owned any land around the base at any time.
(4) Any public representations the government made at any time.
(5) Anything else you think may be of interest to us.
Our law firm is accepting you as a client based on an agreement between you and our firm that for our legal services and advocacy, our firm will be paid: a 25% contingency fee from your share of any compensation or benefits that you receive as a result of exposure to Agent Orange or similar toxins, plus reimbursement of our disbursement expenses, and that our firm will retain any costs awarded; subject to any legislation or rules which entitle you to apply to a court with respect to court approval or taxation of contingency fees or counsel fees in class action proceedings (for example, section 64(3) of The Legal Profession Act, 1990, S.S. 1990-91, c. L.-10.1, and The Federal Court Rules, 1998.)
Please indicate your willingness to participate in this proposed class action on these terms by calling 1-888-567-7777 and giving us your name, address, telephone, and email (if available).Then, at your convenience, please write to us with information about your circumstances, including any health problems experienced by you or members of your family which you believe have been caused by Agent Orange, White, or Purple, which were sprayed.A recent study showed chemical levels in parts of Camp Gagetown to be fifty times allowable levels! Fifty times now and likely higher in the past!Please inform anyone else who may have a claim for Agent Orange exposure to contact us at 1-888-567-7777 or cchurko@merchantlaw.com. There are signs, including statements from Prime Minister Harper that the government's wrongheaded prior position is changing. The battle to achieve fairness will continue and we are making progress.
Thank you.
Yours truly,MERCHANT LAW GROUP
Per:CASEY R. CHURKO
(quoted from their website)
On July 12, 2005 our firm launched a class action in the Federal Court of Canada on behalf of plaintiffs who claim to have suffered various types of harm and injury as a result of the use and disposal of Agent Orange, Agent Purple, or Agent White at CFB Gagetown between 1956 to 1985.That action was stayed in the Federal Court when the government moved to join Monsanto and Dow as third party defendants with the result that we began issuing proceedings in May 2006 in various superior courts in the provinces. We believe we have an even stronger case now than we did a year plus ago when we began this work to achieve justice, as we see it, for the victims of government action in the Gagetown area.If you were a member of the military, the family of a military member, a visitor, or a civilian or owned or own land in the CFB Gagetown area, or lived in the area at material times, and have suffered or expect to suffer one or more of the injuries listed, you are entitled to participate in the class action, if you meet the criteria of the following definition:All individuals (including their estates) who claim to have suffered or expect to suffer injury to their persons or their property as a result of the spraying of various chemicals by the Defendant between 1956 and 1984 at CFB Gagetown; the injures include:i) one of more of the following illnesses and losses consequent thereon:Cancer - lung, stomach, soft tissue, liver
Skin disorders - chloracne, hyperpigmentation, hirsutism.Male reproductive toxicity - reduced sperm count, testicular atrophy, abnormal testis structure, reduced size of genital organs, lower male hormone levels, feminization of hormonal, and behavioural responses.Female reproductive toxicity - hormonal changes, decreased fertility, inability to maintain pregnancy, ovarian dysfunction, endometriosis.
On unborn fetus - birth defects, alterations in reproductive system, decreased sperm count, altered mating behavior, structural abnormalities in female genitalia, reduced fertility, delayed puberty, neurological problems, developmental problems, Hormonal Changes including alterations in sex, thyroid, digestive and other hormones, Immune suppression and increased susceptibility to infectious diseases, Metabolic changes including altered glucose response, decreased insulin levels, altered fat metabolism, weight loss, wasting syndrome, fetal death.
Neurological Symptoms - headaches, muscle weakness, reduced sex drive, dizziness, nervousness, difficulties with erection, irritability, anxiety, decreased mental efficiency, depression, crying spells, insomnia, apathy, fatigue, loss of feeling in extremities, tremor, slowed thinking, tingling in toes and fingers, numbness, social withdrawal, slowed nerve conduction velocity, anorexia, trouble concentrating, Damage to liver, thymus, spleen, and bone marrow,Damage to heart leading to arrhythmias,Diabetes,Lung Problems,chronic pain and suffering;
Such other illnesses as are proved to be capable of being caused by the chemicals.
ii) death after contracting one of the illnesses described in i);
iii) loss of companionship of a mother, father, son, daughter, or sibling who died after contracting one of the illnesses described in i);
iv) The additional costs of raising a disabled child;
v) mental suffering as a result of having one or more miscarriages, and losses associated with pregnancy including loss of employment, loss of mobility, pain and suffering occurring during pregnancy and during childbirth and loss of an opportunity to have an abortion after becoming pregnant with a child that was likely to be born with a disability;
vi) reduced income and diminished quality of life as a result of being born with a disability;
vii) property losses:a. reduced value of landb. costs to test for contamination in landc. costs to remove contamination in land
viii) Enhanced risk of future injuryix) Medical surveillance expensesx) Fear of contracting a serious diseaseIt is important to know that even if the action is certified, a class action is designed to fairly and efficiently resolve a number of questions that each Class Member has in common.
A. What was sprayed, when, where, and how much?
B. Did what was sprayed "escape" from the land controlled by the Defendant, and if so, where, when, and how much?
C. Under all of the circumstances, what were and are the natural consequences of the escape of the chemicals that were sprayed?
D. Can what was sprayed cause, materially contribute to, or materially contribute to the risk of any of the injuries and harms claimed for and if so, which injuries or harms?
E. Which class or classes of persons, if any, did the Defendant owe a private law duty of care to?
F. What was the standard of care expected of the Defendant in spraying the chemicals and subsequently dealing with the concerns arising from the spraying and how, if at all, did it change over time?
G. Did the Defendant breach the standard of care as determined?
H. If so, what are the appropriate remedies for each class of persons?
I. Does the conduct of the Defendant under all of the circumstances merit an award of punitive damages?
The answers to one or more of these questions may significantly advance your personal claim against the Government. However, the Court may ultimately require you to prove the types of illnesses you have suffered and other facts that are unique to your own circumstances. At this time, you can assist, the proposed representative plaintiffs, who will assist our firm in advancing your claim(s) against the government, by providing us with the following information:
(1) The types of health problems you suffer or expect to suffer from and copies of any medical records you may have.
(2) When you were stationed at or lived around CFB Gagetown, that is, the years you were present near the base.
(3) Whether you owned any land around the base at any time.
(4) Any public representations the government made at any time.
(5) Anything else you think may be of interest to us.
Our law firm is accepting you as a client based on an agreement between you and our firm that for our legal services and advocacy, our firm will be paid: a 25% contingency fee from your share of any compensation or benefits that you receive as a result of exposure to Agent Orange or similar toxins, plus reimbursement of our disbursement expenses, and that our firm will retain any costs awarded; subject to any legislation or rules which entitle you to apply to a court with respect to court approval or taxation of contingency fees or counsel fees in class action proceedings (for example, section 64(3) of The Legal Profession Act, 1990, S.S. 1990-91, c. L.-10.1, and The Federal Court Rules, 1998.)
Please indicate your willingness to participate in this proposed class action on these terms by calling 1-888-567-7777 and giving us your name, address, telephone, and email (if available).Then, at your convenience, please write to us with information about your circumstances, including any health problems experienced by you or members of your family which you believe have been caused by Agent Orange, White, or Purple, which were sprayed.A recent study showed chemical levels in parts of Camp Gagetown to be fifty times allowable levels! Fifty times now and likely higher in the past!Please inform anyone else who may have a claim for Agent Orange exposure to contact us at 1-888-567-7777 or cchurko@merchantlaw.com. There are signs, including statements from Prime Minister Harper that the government's wrongheaded prior position is changing. The battle to achieve fairness will continue and we are making progress.
Thank you.
Yours truly,MERCHANT LAW GROUP
Per:CASEY R. CHURKO
Wednesday, September 23, 2009
September 23, 2009 Newfoundland
http://www.cbc.ca/canada/new-brunswick/story/2009/09/23/nl-agent-orange-923.html
Dismiss Agent Orange lawsuit, N.L. court urged
September 23, 2009 8:30 PM AT
CBC News
The federal government and two chemical companies went to court Wednesday in a bid to stop a class-action lawsuit launched by people who claim they developed cancer after being exposed to Agent Orange at Canadian Forces Base Gagetown in New Brunswick.
The suit, brought by more than 1,700 people from across the country as well as 35 from the province, was certified in the Supreme Court of Newfoundland and Labrador trial division.
On Wednesday, lawyers representing federal Attorney General Rob Nicholson, Minister of National Defence Peter Mackay , the Dow Chemical Company and the Pharmacia Corp. were in a St. John's courtroom seeking to have the certification order overturned.
The plaintiffs say they have been diagnosed with cancers including leukemia, Hodgkin's disease and non-Hodgkin's lymphoma because of their exposure to Agent Orange at Gagetown between 1956 and 2004.
"All the time I was at Gagetown was out in the field training — you're sleeping on the ground, you are eating your hard rations … you're eating with your hands, so basically your ingesting it," said retired soldier John Mallard, who is convinced his cancer stemmed from exposure to the herbicide at Gagetown."You're sleeping in it, you're burning bush to keep warm, so you're inhaling it."
Retired Brig.-Gen. Ed Ring, a Newfoundlander and another of the plaintiffs, was outraged by the bid to stop the suit.
"I am appalled that we have large organizations like the federal government and these chemical companies trying to deny us the opportunity to even have our case heard in court," he said.
The federal government and the companies maintain Agent Orange — a herbicide developed in the United States for use in the Vietnam war — was only one of 23 chemicals sprayed on the base, so there is no way to determine who was exposed to which chemical and for how long.
They also say there's not enough common ground among the ailments suffered by the plaintiffs to justify a class-action suit.
In September of 2007 the federal government announced a $96-million compensation package for people exposed to the herbicide at Gagetown —a $20,000 payout to anyone who qualified for it.
Members of the class-action suit refused to accept the settlement.
Hearings are scheduled to continue in St. John's Thursday.
Dismiss Agent Orange lawsuit, N.L. court urged
September 23, 2009 8:30 PM AT
CBC News
The federal government and two chemical companies went to court Wednesday in a bid to stop a class-action lawsuit launched by people who claim they developed cancer after being exposed to Agent Orange at Canadian Forces Base Gagetown in New Brunswick.
The suit, brought by more than 1,700 people from across the country as well as 35 from the province, was certified in the Supreme Court of Newfoundland and Labrador trial division.
On Wednesday, lawyers representing federal Attorney General Rob Nicholson, Minister of National Defence Peter Mackay , the Dow Chemical Company and the Pharmacia Corp. were in a St. John's courtroom seeking to have the certification order overturned.
The plaintiffs say they have been diagnosed with cancers including leukemia, Hodgkin's disease and non-Hodgkin's lymphoma because of their exposure to Agent Orange at Gagetown between 1956 and 2004.
"All the time I was at Gagetown was out in the field training — you're sleeping on the ground, you are eating your hard rations … you're eating with your hands, so basically your ingesting it," said retired soldier John Mallard, who is convinced his cancer stemmed from exposure to the herbicide at Gagetown."You're sleeping in it, you're burning bush to keep warm, so you're inhaling it."
Retired Brig.-Gen. Ed Ring, a Newfoundlander and another of the plaintiffs, was outraged by the bid to stop the suit.
"I am appalled that we have large organizations like the federal government and these chemical companies trying to deny us the opportunity to even have our case heard in court," he said.
The federal government and the companies maintain Agent Orange — a herbicide developed in the United States for use in the Vietnam war — was only one of 23 chemicals sprayed on the base, so there is no way to determine who was exposed to which chemical and for how long.
They also say there's not enough common ground among the ailments suffered by the plaintiffs to justify a class-action suit.
In September of 2007 the federal government announced a $96-million compensation package for people exposed to the herbicide at Gagetown —a $20,000 payout to anyone who qualified for it.
Members of the class-action suit refused to accept the settlement.
Hearings are scheduled to continue in St. John's Thursday.
Sunday, September 13, 2009
Our Class Action
This Blog will be for updates to or Class Action Law cases when and if I get some from Merchant Law.
Please remember not all class action information that I know can be published as it might hurt our case but I will from time to time ask Merchant for an update which I may post here on the Blog.
Cpl. Kenneth H. Young CD (ret)
Please remember not all class action information that I know can be published as it might hurt our case but I will from time to time ask Merchant for an update which I may post here on the Blog.
Cpl. Kenneth H. Young CD (ret)
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