TAYLOR v. McDONOUGH

2019-2211.

71 F.4th 909 (2023)

Bruce R. TAYLOR, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 15, 2023.


Attorney(s) appearing for the Case

Charles Mccloud , Williams & Connolly LLP, Washington, DC, argued for claimant-appellant. Also represented by Debmallo Shayon Ghosh , Anna Johns Hrom , Liam James Montgomery , Timothy M. Pellegrino ; Mark B. Jones , Mark B. Jones Attorney at Law, Sandpoint, ID.

William James Grimaldi , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Patricia M. McCarthy , Loren Misha Preheim ; Christopher O. Adeloye , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Dror Ladin , American Civil Liberties Union Foundation, New York, NY, for amici curiae American Civil Liberties Union, American Civil Liberties Union of the District of Columbia. Also represented by Brett Max Kaufman ; Scott Michelman , Arthur B. Spitzer , ACLU Foundation of the District of Columbia, Washington, DC.

Glenn R. Bergmann , Bergmann Moore, LLC, Bethesda, MD, for amicus curiae American Legion. Also represented by Thomas Polseno , James Daniel Ridgway .

Melanie L. Bostwick , Orrick, Herrington & Sutcliffe LLP, for amicus curiae Military-Veterans Advocacy Inc. Also represented by Thomas Mark Bondy ; Elizabeth Moulton , San Francisco, CA; John B. Wells , Law Office of John B. Wells, Slidell, LA.

Angela K. Drake , Veterans Clinic, University of Missouri School of Law, Columbia, MO, for amicus curiae National Law School Veterans Clinic Consortium.

Jennifer Swan , Dechert LLP, Palo Alto, CA, for amici curiae National Veterans Legal Services Program, Swords to Plowshares. Also represented by Howard W. Levine , Washington, DC; Renee A. Burbank , National Veterans Legal Services Program, Arlington, VA; Emily Woodward Deutsch , Washington, DC.

Opinion dissenting in part and dissenting from the judgment filed by Circuit Judge Hughes, which Circuit Judge Lourie joins.


During his service in the U.S. Army from 1969 to 1971, Bruce R. Taylor voluntarily participated as a test subject in a secret Army program, at the Edgewood Arsenal facility in Maryland, that assessed the effects of various dangerous substances, including chemical warfare agents. The government swore him to secrecy through...

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