11.03.04
Agent Orange 50/50 Test

Last June the Supreme Court ruled in a
decision that affirmed the 2nd Circuit ruling that after the beginning of January 1995 veterans could bring new lawsuits against the manufacturers of
Agent Orange (AO).

The standard for positive action by the Department of Veterans Affairs is that a disorder can be compensated if it is "at least as likely as not" to have been caused by Agent Orange a 50/50 balancing
test.

To bring a successful suit in civil court against the chemical companies who manufactured AO it must be proven that the veteran's medical condition is more likely than not caused by AO exposure. This is a higher level of certainty than the standard used by the Department of Veterans
Affairs.

Under very strict rules that have been put in place in various courts a case cannot proceed without having a scientist or medical doctor testify to the "more likely than not" level of certainty with a substantial basis for their testimony.

Many of the top medical and scientific
specialists in the world believe that they could testify to a standard of "as likely as not" level of certainty but not to "more likely than not".

This means that at the present time law firms cannot proceed in a civil court setting and be able to prove that Agent Orange causes many of the
cancerous conditions veterans are experiencing.

Veterans interested in this issue who have access to email can request their name be placed on a
list that will provide updates on the status AO litigation at
Gerson@texasinjurylaw.com.