Non-distinctive injuries make legal causation impossible to prove, requiring litigation shortcuts.

Evidence

Monsanto, Dow, and other producers of Agent Orange consistently denied that it had toxic effects. Because the cancers suffered by veterans, and the birth defects among their children, were not distinctive, it would be difficult to prove that they were linked to Agent Orange rather than to other causes. The legal effort to establish such a link would ultimately involve almost 1,500 law firms, representing more than 2.4 million Vietnam veterans and their families. Against them were arrayed seven corporate defendants, who together spent roughly $100 million in preparation for the Agent Orange trial. — G. Alan Tarr, Judicial Process and Judicial…, 2151

Categorization

  • DEFINE: Illustrates the causation requirement in tort litigation concretely: statistical attribution collapses when the injury (cancer, birth defect) is generic.
  • XREF: connects to: An injury becomes a lawsuit only when a legal entitlement is violated — G. Alan Tarr, Judicial Process and Judicial…, 1055; Negligence liability requires proving both causation and foreseeability of the injury. — G. Alan Tarr, Judicial Process and Judicial…, 3444; Causal proof in Tort cases requires distinctive harms, not just plausible exposure — G. Alan Tarr, Judicial Process and Judicial…, 1034 (+7 more)

Broader Connections