Facts

Vietnam Veterans of America and several other plaintiffs filed a class action against the DOD, U.S. Army, CIA, and VA, claiming that potentially 60,000 soldiers had been used as human test subjects in military-conducted chemical and biological experiments in violation of their rights. The crux of plaintiffs' claims centered on the military's duty under its own regulations to provide notice to test subjects and to provide them with medical care, pursuant to the Administrative Procedures Act. The Court certified a class in September 2012.

The complaint alleged that the government administered at least 250 up to 400 types of drugs, including nerve agents sarin and VX, mustard gas, LSD, BZ, and biological agents Qfever and tularemia. The drugs allegedly controlled human behavior, caused confusion and hallucinations, promoted weakness or temporary loss of hearing and vision, and caused other health effects.

Result

U.S. District Judge Claudia Wilken granted plaintiffs partial summary judgment, summarily adjudicating that "the Army has an ongoing duty to warn" and ordering the Army "to provide test subjects with newly acquired information that may affect their well-being." The Court granted the government's motion for summary judgment with respect to the other claims.