Mr. Zucker, one of this site's experts, answered a question about Agent Orange. I responded with a question, “Due to what you cite as “misinformation”, as well as the above-mentioned court rulings, is it therefore Monsanto’s position that there is no proof Agent Orange caused harm -- beyond a reasonable doubt? My comment has been “queued for review by site administrator”. Please advise as to the reason/need for prior review of my comments. Thank you for clarifying.

Expert response from Martin Zucker

Former Assistant General Counsel, Monsanto Company

Monday, 16/09/2013 20:57

It looks like your comment is posted, so I’m going to skip over that and get to the heart of your question.  Most issues of medical cause and effect are very complex and are rarely, if ever, answered with absolute certainty.  My previous response pointed out that courts in the United States and Korea, based on the evidence presented to them over many years, have concluded there was insufficient consistent or reliable scientific evidence to conclude that the many very serious medical conditions claimed by numerous veterans were caused by Agent Orange.  

I always recommend that anyone interested in learning more about the factual history of Agent Orange read the concise and informative (and generally easy to read) summary found in an article (pages 6-10) written by U.S. District Judge Jack Weinstein, the judge in the United States who handled Agent Orange litigation for 30 years.  Apart from Judge Weinstein’s article, in 2005 he granted summary judgment to the defendant manufacturers based on the government contractor defense which dismissed a third wave of Agent Orange-related claims by U.S. Vietnam veterans, and in so doing specifically wrote the following:

“In earlier waves of such suits in the 1970s, 1980s, and 1990s, the courts concluded that none of the available evidence would support a finding to a more-probable-than-not standard of causality between exposure to Agent Orange and disease (except for a quickly discoverable and curable form of skin irritation, chloracne).  The scientific basis for that conclusion of lack of any substantial proof of causality, either general or specific to individuals, remains much the same.  SeeInstitute of Medicine, Veterans and Agent Orange, Update 2002 (2003).” 

We have the utmost respect for the scientific method as well as for the rule of law as applied and determined by Judge Weinstein and other courts.