Vietnam Veterans of America et al v. Central Intelligence Agency et al

Filing 545

INJUNCTION PURSUANT TO THE COURTS 544 SUMMARY JUDGMENT ORDER. Signed by Judge Claudia Wilken on 11/19/2013. (ndr, COURT STAFF) (Filed on 11/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VIETNAM VETERANS OF AMERICA et
al.,
Plaintiffs,

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United States District Court
For the Northern District of California

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v.

No. CV 09-0037-CW
INJUNCTION
PURSUANT TO THE
COURT’S SUMMARY
JUDGMENT ORDER

CENTRAL INTELLIGENCE AGENCY, et
al.,
Defendants.
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WHEREAS, the Court has granted Plaintiffs summary judgment
that Defendant Department of the Army has an ongoing duty to warn
members of the class about newly acquired information that may
affect their well-being now and in the future as it becomes
available, and good cause appearing therefor;
IT IS HEREBY ORDERED that said Defendant is enjoined as
follows:
1.

This injunction pertains only to individuals who, while

serving in the armed forces, were test subjects in any testing
program in which humans were exposed to a chemical or biological
substance for the purpose of studying or observing the effects of
such exposure (that was sponsored, overseen, directed, funded,
and/or conducted by the Department of the Army).

Defendant shall

provide such test subjects with newly acquired information that
may affect their well-being that it has learned since its original
notification, now and in the future as it becomes available, as
set forth below.

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2.

This injunction applies only to information that may

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affect the well-being of test subjects that has been acquired by

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the Department of the Army and/or its agents since June 30, 2006.

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Specifically, as the Court has ruled, the Department of the Army

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shall provide each test subject with any new information it has

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acquired with regard to:

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a.

The nature, duration, and purpose of the testing

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undergone by that particular test subject;

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b.

The method and means by which the testing was

United States District Court
For the Northern District of California

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conducted;

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c.

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expected by that test subject as a result of

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participation in the testing; and

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d.

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come from such participation.

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The inconveniences and hazards reasonably to be

The effects upon their health which may possibly

Such information is referred to hereafter as the “Newly
Acquired Information”;
3.

Class members who became test subjects before August 8,

1988, shall be notified of Newly Acquired Information;
4.

Within ninety (90) days of the date of entry of this

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injunction (the “Entry Date”), the Department of the Army shall

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file with the Court a report:

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a.

describing the efforts it has undertaken to locate

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the Newly Acquired Information as of the Entry Date from

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the various sources of information available to it,

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which may include, but are not limited to, such sources

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as the Chem-Bio Database, the Mustard Gas Database, the

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Chemical, Biological, Radiological & Nuclear Defense
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Information Analysis Center (“CBRNIAC”) Database and

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other related databases created in conjunction with

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Battelle Memorial Institute, and the Defense Technical

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Information Center (“DTIC”) repository;

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b.

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been found and describing generally its nature;

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c.

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developed for transmitting Newly Acquired Information to

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the class members entitled to notification, including

confirming whether Newly Acquired Information has

explaining the plan it has in its discretion

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For the Northern District of California

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the methods intended for notification which may include

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direct mail, online notice, and/or publication notice;

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d.

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Information as of the Entry Date to those class members

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no later than one hundred twenty (120) days from the

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Entry Date, and outlining its plan to do so; and

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e.

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discretion developed for (i) periodically collecting and

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transmitting Newly Acquired Information that becomes

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available to it after the Entry Date and (ii) providing

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any necessary update reports to the Court regarding such

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future efforts.

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5.

committing to transmit the Newly Acquired

outlining the plan and policies it has in its

The Court retains jurisdiction to enforce the terms of

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this Injunction and Order.

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IT IS SO ORDERED.

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Dated: 11/19/2013

CLAUDIA WILKEN
United States District Judge

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