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August 13, 2019

St. Louis Judge Denies Monsanto Bid to Delay Another Roundup Cancer Trial

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Monsanto’s bid to postpone another upcoming Roundup cancer trials in St. Louis has failed – at least for the time being – as a judge has ordered that a trial set for October will proceed.

After hearing Monsanto’s argument last week seeking a continuance in the case of Walter Winston v. Monsanto, St. Louis Circuit Court Judge Michael Mullen denied Monsanto’s request and said the trial would start Oct. 15.  Judge Mullen said that depositions and discovery in the case should continue until Sept. 16 with the jury selection process to begin Oct. 10.

The trial, if it takes place, would be the fourth time Monsanto has had to face cancer patients in a courtroom to answer allegations that its Roundup herbicide products cause non-Hodgkin lymphoma and that the company has sought to cover up information about the risks. Monsanto lost the first three trials and juries awarded more than $2 billion in damages, although each of the three jury awards have been reduced by the trial judges.

The Winston trial would also be the first trial to take place in Monsanto’s former hometown of St. Louis. Before selling to the German company Bayer AG last year, Monsanto was one of the largest St. Louis-based employers.

A trial that had been set to start in St. Louis on Aug. 19 was delayed by court order last week, and a trial that was set to start in September has also been continued.

After the trial continuance announced last week, sources said the company and lawyers for the plaintiffs were moving into serious discussions about a potential global settlement. Currently, more than 18,000 people are suing Monsanto, all alleging they developed non-Hodgkin lymphoma due to Roundup exposure and Monsanto covered up the evidence of danger. Someone falsely floated a potential settlement offer of $8 billion, causing Bayer shares to rise sharply.

Bayer has been dealing with a depressed share price and disgruntled investors ever since the Aug. 10, 2018 jury decision in the first Roundup cancer trial. The jury awarded California groundskeeper Dewayne “Lee” Johnson $289 million and found that Monsanto acted with malice in suppressing information about the risks of its herbicides.

Monsanto appealed the verdict to the California Courts of Appeal, and Johnson has cross-appealed seeking to restore his $289 million award from the reduced award of $78 million set by the trial judge. That appeal is continuing and oral arguments are expected in September or October.

As for the St. Louis situation, the Winston trial could still be derailed. The case has multiple plaintiffs, including some from outside the area, and that fact could put the case in the cross-hairs of an opinion  issued earlier this year by the Missouri Supreme Court, potentially tying up the Winston case indefinitely, according to legal observers.

Trump’s EPA Has “Monsanto’s Back”

In separate news, the Environmental Protection Agency (EPA) last week issued a press release to announce that it would not approve cancer warning labels required by the state of California for certain glyphosate-based herbicide products. The EPA said that labeling that states glyphosate is “known to cause cancer,” is false and illegal, and will not be allowed despite a California regulatory action ordering such labeling.

“It is irresponsible to require labels on products that are inaccurate when EPA knows the product does not pose a cancer risk. We will not allow California’s flawed program to dictate federal policy,” said EPA Administrator Andrew Wheeler.

California’s listing of glyphosate as a substance known to cause cancer came after the World Health Organization’s International Agency on the Research for Cancer (IARC) classified glyphosate in 2015 as “probably carcinogenic to humans.”

The fact that the EPA is taking this stance, and found it necessary to issue a press release, appears to validate internal Monsanto documents obtained through litigation discovery that show the EPA was believed to “have Monsanto’s back” when it comes to glyphosate.

In a report attached to a July 2018 email to Monsanto global strategy official Todd Rands, the strategic intelligence and advisory firm Hakluyt  reported to Monsanto the following:

“A domestic policy adviser at the White House said, for instance: ‘We have Monsanto’s back on pesticides regulation. We are prepared to go toe-to-toe on any disputes they may have with, for example, the EU. Monsanto need not fear any additional regulation from this administration.”