Title: NZ payout to farmer for 2,4,5-T herbicide exposure 'tip of the iceberg' - lawyer says
[Robin Martin via rnz.co.nz] -- A farmer in New Zealand/Aotearoa has been paid more than NZ$160,000 for exposure to herbicide 2,4,5-T. The lawyer representing the Taranaki farmer who has terminal cancer successfully overturned an Accident Compensation Corporation (ACC) decision denying him compensation for exposure to the herbicide. The farmer's lawyer says his client's claim could lead to further successful claims for compensation for pesticidal inflicted harms.
The popular weed killer Roundup tops the lists of successful ACC claims for injuries related to herbicides, pesticides and insecticides. ACC accepted 359 claims for injuries involving Roundup since 1990, and a further 20 where its active ingredient glyphosate was named.
ACC's toxicology panel had originally turned down the 2,4,5-T injured man three times before an independent review reversed its decision and bumped up his compensation offer from $66,000 to $161,000. Solicitor Merlyn Remiens from John Miller Law said ACC had since accepted another Taranaki farmer's claim for exposure to 2,4,5-T.
"So we have another claimant who joined the workforce at an early age and was involved agriculturally in the spraying of products containing 2,4,5-T and then subsequently developed this prostate [cancer] diagnosis."
The herbicides 2,4,5-T and 2,4-D were made at Ivon Watkins Dow's Paritūtū plant in New Plymouth from 1960 to 1987. Prior to this, Ivon Watkins produced, herbicides including 2,4,5-T, at its Buller Street plant in the central city from 1948.
2,4-D (2,4-Dichlorophenoxyacetic acid) is a common chlorophenoxy herbicide still used for the post-emergent control of broadleaf weeds and as a plant growth regulator for some fruit crops. There are around 220 products containing 2,4-D currently registered for use in Australia.
Pesticides that contain dioxins are linked to cancers and birth defects and were a key component of Agent Orange - the defoliant used by the US military during the Vietnam War.
New Zealand Vietnam veterans were paid ex gratia payments of $40,000 in 2006 - voluntary payments made to show kindness without admitting blame - to those who were exposed to Agent Orange. The payments could also be given to a veteran's child if they were diagnosed with cleft lip, cleft palate, spina bifida, adrenal gland cancer or acute myeloid leukaemia - all conditions linked to the defoliant.
Despite the enlightened and compassionate approach to this issue in NZ, Australian war veterans have largely been denied compensation for Agent Orange exposure. This is due to findings of the Evatt Royal Commission, which concluded way back in 1986 when modern toxicology was largely in its infancy that there was 'insufficient evidence' to link health issues among Australian Vietnam veterans to exposure to Agent Orange, effectively disabling most claims made by veterans regarding its detrimental effects on their health.
