Judge Certifies Class of Test Subjects
On September 30, 2012, United States District Court Judge Claudia Wilken granted Plaintiffs’ Motion for Class Certification in large part, certifying two classes to pursue injunctive and declaratory relief against Defendants Department of Defense (“DOD”), Department of the Army (“Army”), and the Department of Veterans Affairs (“DVA”). The lawsuit does not seek money damages. To prosecute the Administrative Procedure Act and constitutional claims that seek Notice and medical care from DOD and the Army, the Court certified the following class:
All current or former members of the armed forces, who, while serving in the armed forces, were test subjects in any human Testing Program that was sponsored, overseen, directed, funded, and/or conducted by the Department of Defense or any branch thereof, including but not limited to the Department of the Army and the Department of the Navy, and/or the Central Intelligence Agency, between the inception of the Testing Programs in approximately 1922 and the present. For the purposes of this definition, “Testing Program” refers to a program in which any person was exposed to a chemical or biological substance for the purpose of studying or observing the effects of such exposure.
The Court also certified the following class to prosecute Plaintiffs’ claim against the DVA for its biased adjudication of class members’ service-connected compensation claims:
All current or former members of the armed forces, or in the case of deceased members, the personal representatives of their estates, who, while serving in the armed forces, were test subjects in any human Testing Program that was sponsored, overseen, directed, funded, and/or conducted by the Department of Defense or any branch thereof, including but not limited to the Department of the Army and the Department of the Navy, and/or the Central Intelligence Agency, between the inception of the Testing Programs in approximately 1922 and the present. For the purposes of this definition, “Testing Program” refers to a program in which any person was exposed to a chemical or biological substance for the purpose of studying or observing the effects of such exposure.
With respect to personal representatives, while claims for accrued benefits are included in the class, claims for dependency and indemnity compensation are not.
Neither class includes persons who were exclusively test participants in Project 112/SHAD (“Shipboard Hazard and Defense”).
You can find a copy of the Order posted on this website. This Order is not a final judgment for relief.