In Re Agent Orange Product Liability Litigation (Lilly

611 F.Supp 1267 (1985)

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Nature of the Case

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Facts

Lilly's (P) husband, John, was in the Air Force from 1947 to 1970. While in the service, he worked as an airplane mechanic. He was exposed to many potentially carcinogenic substances, including benzene. He also smoked a pack of cigarettes a day for thirty years. Because he was often away from home, P did not know about most of his problems. In the years 1966 and 1967, he was exposed to Agent Orange. In 1970, he was diagnosed with lymphocytic lymphoma. This disease which progressed to a type of leukemia. He was given six months to live, although he finally died in 1976. After he died, P brought a wrongful death action against several manufacturers (D) of Agent Orange, claiming that it led to John's death. D moved for summary judgment, submitting declarations from medical experts that claimed that the cause of John's illness could not be determined. To rebut this, P submitted testimony from Dr. Carnow, stating that the doctor had obtained John's medical history from P and from Air Force records. Carnow had never actually examined John. Carnow testified about several studies performed on animals and population group statistical analysis, concluding that Agent Orange exposure caused John's death.