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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 VIETNAM VETERANS OF AMERICA et al., Plaintiffs, 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. No. CV 09-0037-CW INJUNCTION PURSUANT TO THE COURT’S SUMMARY JUDGMENT ORDER CENTRAL INTELLIGENCE AGENCY, et al., Defendants. ________________________________/ 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. 1 2. This injunction applies only to information that may 2 affect the well-being of test subjects that has been acquired by 3 the Department of the Army and/or its agents since June 30, 2006. 4 Specifically, as the Court has ruled, the Department of the Army 5 shall provide each test subject with any new information it has 6 acquired with regard to: 7 a. The nature, duration, and purpose of the testing 8 undergone by that particular test subject; 9 b. The method and means by which the testing was United States District Court For the Northern District of California 10 conducted; 11 c. 12 expected by that test subject as a result of 13 participation in the testing; and 14 d. 15 come from such participation. 16 17 18 19 20 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 21 injunction (the “Entry Date”), the Department of the Army shall 22 file with the Court a report: 23 a. describing the efforts it has undertaken to locate 24 the Newly Acquired Information as of the Entry Date from 25 the various sources of information available to it, 26 which may include, but are not limited to, such sources 27 as the Chem-Bio Database, the Mustard Gas Database, the 28 Chemical, Biological, Radiological & Nuclear Defense 2 1 Information Analysis Center (“CBRNIAC”) Database and 2 other related databases created in conjunction with 3 Battelle Memorial Institute, and the Defense Technical 4 Information Center (“DTIC”) repository; 5 b. 6 been found and describing generally its nature; 7 c. 8 developed for transmitting Newly Acquired Information to 9 the class members entitled to notification, including confirming whether Newly Acquired Information has explaining the plan it has in its discretion United States District Court For the Northern District of California 10 the methods intended for notification which may include 11 direct mail, online notice, and/or publication notice; 12 d. 13 Information as of the Entry Date to those class members 14 no later than one hundred twenty (120) days from the 15 Entry Date, and outlining its plan to do so; and 16 e. 17 discretion developed for (i) periodically collecting and 18 transmitting Newly Acquired Information that becomes 19 available to it after the Entry Date and (ii) providing 20 any necessary update reports to the Court regarding such 21 future efforts. 22 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 23 this Injunction and Order. 24 IT IS SO ORDERED. 25 26 27 Dated: 11/19/2013 CLAUDIA WILKEN United States District Judge 28 3

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