Agent Orange on Trial is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War’s farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions.
In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law.
The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and the definition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.
Carl A. Gerstacker was born in 1916 in Cleveland, Ohio. At an early age his father, Rollin, instilled in him an interest in finance and the stock market. In 1930, when Carl turned fourteen, Rollin advised his son to withdraw his paper-route and odd-job money from a local bank and invest it all in The Dow Chemical Company. It was the beginning of a relationship that would last a lifetime. After high school, Carl landed an hourly position with Dow Chemical as a lab assistant and, at the same time, pursued an engineering degree at the University of Michigan as part of the company’s student training course. After graduating in 1938, Gerstacker continued to work for Dow Chemical until the outbreak of World War II when he joined the U.S. Army. Returning to civilian life in 1946, he was rehired by Dow and quickly moved up the corporate ladder, becoming Treasurer in 1949, Vice-President in 1955, and Chairman of the Board in 1960, a position he retained until 1976. He retired five years later in 1981.
Carl Gerstacker was a business leader who believed that every company had a special personality and that the Dow personality was largely shaped by its employees. “For Dow Chemical, people are the most important asset, not the patents, the plants, nor the products.” Gerstacker’s personal financial acumen was rivaled only by his own contributions to the sound corporate growth of Dow Chemical, a business he loved and to which he devoted his life. Gerstacker died in 1995, leaving a legacy that lives on in the form of numerous philanthropic endeavors he began during his lifetime and on whose boards he once served. Carl A. Gerstacker was one of the towering figures of twentieth-century American industry.
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