Persian Gulf War Genetic Birth Defects and Inherited Injustice in Minns v. United States
![handle is hein.journals/wflr34 and id is 945 raw text is: PERSIAN GULF WAR GENETIC BIRTH DEFECTS AND
INHERITED INJUSTICE IN MINNS v. UNITED STATES
INTRODUCTION
Casey R. Minns, Jena Walsh, and Katelyn Blake were all born
with Goldenhar's Syndrome, a rare genetic birth defect that
produces deformities including asymmetry of the face and body, a
partially developed or lopsided ear, absence of an anus, kidney
problems, and respiratory problems.1 All three children were born
to Persian Gulf War veterans.2 In preparation for the War, the
Department of Defense exposed each of their fathers to pesticides3
and forced them, without warning or consent, to take investigational
drugs .4
The Minns, Walshes, and Blakes believe their children's genetic
disorders occurred because the military used drugs and pesticides
without proper testing, approval, warnings and directions.5 They
also allege that the military failed to supervise, direct, and
implement the use and exposure of their products, which were
hazardous, unreasonably dangerous, [and] defective.6 These
families remain uncompensated for potentially tortious conduct and
may be without a judicial remedy.7 The Fourth Circuit found their
claims barred by the Feres doctrine.8
The Feres doctrine is an exception to the Federal Tort Claims
1. See Minns v. United States, 155 F.3d 445, 447 (4th Cir. 1998), cert. de-
nied, 119 S. Ct. 874 (1999).
2. See id.
3. See Minns v. United States, 974 F. Supp. 500, 502 (D. Md. 1997), affd,
155 F.3d 445 (4th Cir. 1998), cert denied, 119 S. Ct. 874 (1999). The pesticides
included diethyltoluamide or DEET, chlorpyrifos or Dursban, and promether-
ine. See id. at 502 n.3.
4. The drugs included pyridostigmine bromide, botulinum toxoid vaccine,
gamma globulin, and anthrax vaccine. Id. at 502 n.2. Reports published after
the Minns dismissal have suggested that adjuvant squalene, an experimental
vaccine enhancer, may have also been used in conjunction with the anthrax
vaccine. See Michael Paulson, Metcalf Leads Call for Blood Tests On Sick Gulf
War Vets, SEATTLE POST-INTELLIGENCER, March 30, 1999, at A4.
5. Minns, 155 F.3d at 447.
6. Id. Specifically, the plaintiffs alleged that the Government acted negli-
gently in purchasing, storing, and administering the hazardous substances and
in failing to warn the plaintiffs. See Appellants' Brief at 11, Minns v. United
States, 155 F.3d 445 (4th Cir. 1998), cert. denied, 119 S. Ct. 874 (1999) (No.97-
2234).
7. See Minns, 155 F.3d at 453.
8. See id. at 451.](ViewImageLocal?handle=hein.journals/wflr34&div=37&collection=&method=preview&ext=.png&size=3)
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Persian Gulf War Genetic Birth Defects and Inherited Injustice in Minns v. United States
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