Trimmed-Down Testimony as Monsanto Cancer Trial Winds Down

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(Transcript of today’s proceedings) 

Lawyers for Edwin Hardeman have substantially cut down the number of witnesses and evidence to present to jurors who must decide if Monsanto and its new owner Bayer are liable for Hardeman’s development of non-Hodgkin lymphoma after years of use of Monsanto’s Roundup. They have but a few hours left allotted to them by the judge, who has said he expects closing arguments by Tuesday.

The six-member jury team decided last week that Roundup was in fact a substantial factor in causing Hardeman’s cancer. The trial is now focused on whether or not Monsanto should be blamed, and if so, how much – if anything – the company should pay Hardeman in damages.

But making that case may be difficult given the short amount of time the plaintiff’s attorneys have left in the total “time clock” that Judge Vince Chhabria set. He gave each side 30 hours to make their case.

Hardeman’s attorneys used most of their time in the first half of the trial and now have but a few remaining hours. As a result, they have informed the judge that they will not be calling planned testimony from Monsanto executives Daniel Goldstein, Steven Gould, David Heering, or Daniel Jenkins. They also will not be presenting planned testimony from Roger McClellan, editor of the scientific journal Critical Reviews in Toxicology (CRT), and at least four other witnesses.

McClellan was overseeing CRT when the journal published a series of papers in September 2016 that rebuked the finding by the International Agency for Research on Cancer (IARC) finding that glyphosate was a probable human carcinogen. The papers purported to be written by independent scientists who found that the weight of evidence showed the weed killer was unlikely to pose any carcinogenic risk to people. But internal Monsanto documents show that the papers were conceptualized from the outset as a strategy by Monsanto to discredit IARC. One of Monsanto’s top scientists not only reviewed the manuscripts but had a hand in drafting and editing them, though that was not disclosed by CRT.

Hardeman’s attorneys plan about three more hours of testimony from various witnesses, including former Monsanto Chairman and CEO Hugh Grant, who received an exit payment of about $32 million when Bayer AG bought Monsanto last summer.

Discussion of Damages

Both sides have already agreed that Hardeman has suffered a loss of approximately $200,000 in economic damages, but Hardeman’s attorneys are expected to ask for many tens of millions of dollars, and possibly hundreds of millions of dollars for total damages, including punitive.

Lawyers for Monsanto have objected to any discussion of Monsanto’s wealth and the $63 billion Bayer paid for Monsanto, but the judge has allowed some financial information to be shared with jurors.

Jurors may not ever be told exactly how much money Monsanto has made over the years in sales of its glyphosate herbicides, but a look at just one year of financials – 2012, the year Hardeman stopped using Roundup – shows the company made roughly $2 billion in total profits that year.

Judge Chhabria noted in discussions with attorneys out of the presence of the jury that Hardeman’s attorneys might want to argue that Monsanto spent a lot of money on advertising and payouts to executives rather than conducting long-term safety studies on its products. The money issues might be relevant to jurors’ deliberation over potential punitive damages, Chhabria said.

“It may be relevant to Monsanto’s ability to pay, but it seems even more relevant to the issue of what was knowable — both liability and punitive damages, whether Monsanto’s conduct was extreme and outrageous,” Judge Chhabria said.  “Why can’t they argue, look at all the money Monsanto has been willing to spend on advertising and it’s not willing to, you know, conduct any sort of objective inquiry into the safety of its product.”

“It is not as much about the company’s ability to pay as it is about the company’s conduct with respect to the safety of its product,” Chhabria said. “Look at all these things that the company is spending extreme amounts of money on, and it’s not willing to lift a finger to conduct any sort of objective inquiry about the safety of its product.  That, I assume, is their argument.”

Chhabria said the evidence of Monsanto’s finance could be “probative” of the  “outrageousness of the company’s conduct.”

Pilliod Trial Beginning 

A third Roundup cancer trial gets underway this week in Alameda County Superior Court in Oakland, California. Alva and Alberta Pilliod,  husband and wife, take on Monsanto and Bayer with claims they both are suffering from non-Hodgkin lymphoma due to exposure to Monsanto’s Roundup products. Voir dire for jury selection begins today in Oakland and opening statements are expected to begin Thursday.  See documents related to that case at this link. 

The judge in the Pilliod case rejected Monsanto’s request to bifurcate the trial. The legal team presenting the Pilliod case includes Los Angeles attorney Brent Wisner, who gained notoriety for the win by plaintiff Dewayne “Lee” Johnson over Monsanto in the first-ever Roundup cancer trial last summer.

Trimmed-Down Testimony as Monsanto Cancer Trial Winds Down

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Find more updates and documents from the trials in our Monsanto Trial Tracker.

Lawyers for Edwin Hardeman have substantially cut down the number of witnesses and evidence to present to jurors who must decide if Monsanto and its new owner Bayer are liable for Hardeman’s development of non-Hodgkin lymphoma after years of use of Monsanto’s Roundup. They have but a few hours left allotted to them by the judge, who has said he expects closing arguments by Tuesday.

The six-member jury team decided last week that Roundup was in fact a substantial factor in causing Hardeman’s cancer. The trial is now focused on whether or not Monsanto should be blamed, and if so, how much – if anything – the company should pay Hardeman in damages.

But making that case may be difficult given the short amount of time the plaintiff’s attorneys have left in the total “time clock” that Judge Vince Chhabria set. He gave each side 30 hours to make their case.

Hardeman’s attorneys used most of their time in the first half of the trial and now have but a few remaining hours. As a result, they have informed the judge that they will not be calling planned testimony from Monsanto executives Daniel Goldstein, Steven Gould, David Heering, or Daniel Jenkins. They also will not be presenting planned testimony from Roger McClellan, editor of the scientific journal Critical Reviews in Toxicology (CRT), and at least four other witnesses.

McClellan was overseeing CRT when the journal published a series of papers in September 2016 that rebuked the finding by the International Agency for Research on Cancer (IARC) finding that glyphosate was a probable human carcinogen. The papers purported to be written by independent scientists who found that the weight of evidence showed the weed killer was unlikely to pose any carcinogenic risk to people. But internal Monsanto documents show that the papers were conceptualized from the outset as a strategy by Monsanto to discredit IARC. One of Monsanto’s top scientists not only reviewed the manuscripts but had a hand in drafting and editing them, though that was not disclosed by CRT.

Hardeman’s attorneys plan about three more hours of testimony from various witnesses, including former Monsanto Chairman and CEO Hugh Grant, who received an exit payment of about $32 million when Bayer AG bought Monsanto last summer.

Discussion of Damages

Both sides have already agreed that Hardeman has suffered a loss of approximately $200,000 in economic damages, but Hardeman’s attorneys are expected to ask for many tens of millions of dollars, and possibly hundreds of millions of dollars for total damages, including punitive.

Lawyers for Monsanto have objected to any discussion of Monsanto’s wealth and the $63 billion Bayer paid for Monsanto, but the judge has allowed some financial information to be shared with jurors.

Jurors may not ever be told exactly how much money Monsanto has made over the years in sales of its glyphosate herbicides, but a look at just one year of financials – 2012, the year Hardeman stopped using Roundup – shows the company made roughly $2 billion in total profits that year.

Judge Chhabria noted in discussions with attorneys out of the presence of the jury that Hardeman’s attorneys might want to argue that Monsanto spent a lot of money on advertising and payouts to executives rather than conducting long-term safety studies on its products. The money issues might be relevant to jurors’ deliberation over potential punitive damages, Chhabria said.

“It may be relevant to Monsanto’s ability to pay, but it seems even more relevant to
the issue of what was knowable — both liability and punitive damages, whether Monsanto’s conduct was extreme and outrageous,” Judge Chhabria said.  “Why can’t they argue, look at all the money Monsanto has been willing to spend on advertising and it’s not willing to, you know, conduct any sort of objective inquiry into the safety of its product.”

“It is not as much about the company’s ability to pay as it is about the company’s conduct with respect to the safety of its product,” Chhabria said. “Look at all these things that the company is spending extreme amounts of money on, and it’s not willing to lift a finger to conduct any sort of objective inquiry about the safety of its product.  That, I assume, is their argument. ”

Chhabria said the evidence of Monsanto’s finance could be “probative” of the  “outrageousness of the company’s conduct.”

Pilliod Trial Beginning 

A third Roundup cancer trial gets underway this week in Alameda County Superior Court in Oakland, California. Alva and Alberta Pilliod,  husband and wife, take on Monsanto and Bayer with claims they both are suffering from non-Hodgkin lymphoma due to exposure to Monsanto’s Roundup products.

Voir dire for jury selection begins today in Oakland and opening statements are expected to begin Thursday.  See documents related to that case at this link. 

The judge in the Pilliod case rejected Monsanto’s request to bifurcate the trial. The legal team presenting the Pilliod case includes Los Angeles attorney Brent Wisner, who gained notoriety for the win by plaintiff Dewayne “Lee” Johnson over Monsanto in the first-ever Roundup cancer trial last summer.

Hank Campbell’s Maze of Monsanto-Loving Science Blogs

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Update: As this article was about to publish, Hank Campbell was removed from the staff roster of the American Council on Science and Health, the organization he has led as president since July 2015, for unknown reasons. A few days later, he delinked his ring of science blogs (Science 2.0, Science Codex, ScienceBlogs) from ACSH.org.

Hank Campbell was until this week president of the American Council on Science and Health (ACSH), a group that claims to be a “pro-science consumer advocacy organization,” but according to leaked internal documents and emails released via litigation, ACSH offers its advocacy not to consumers but to chemical, tobacco and pharmaceutical corporate interests (and others) that provide financial backing. For more about ACSH’s work as a corporate front group, see our fact sheet.

Campbell took over the leadership of ACSH in July 2015 from acting president Gil Ross, MD, a convicted felon who was jailed for Medicaid fraud. Tax records show that Dr. Ross was still on the ACSH payroll as of 2017 with $111,618 in compensation as “former senior director of medicine and public health,” while Campbell received $224,358. Prior to leading ACSH, Campbell worked in software development, created what he calls the “world famous Science 2.0 movement,” and wrote a book about the “anti-science” left.

He runs a ring of questionable science websites, including one that posted anti-Semitic materials that Campbell tried to defend.

Campbell’s network of for-profit, non-profit science blogs

NYU Professor Charles Seife posted documents in November that shed light on Campbell’s network of science blogs that help promote the American Council on Science and Health. In a Twitter thread he called “Mapping a Monsanto-loving octopus,” Seife reported:

  • Campbell’s corporation ION Publications LLC (founded in 2008) owns several science blogging websites, including Science 2.0, Science Codex and others. According to its most recent tax records, ACSH paid ION $60,000 as a “website development service that promotes ACSH.org and increases traffic to the website.”
  • In 2018, Campbell converted Science 2.0 into a nonprofit and then acquired ScienceBlogs.com. The nonprofit’s officers are Campbell and David Zaruk, a former chemical industry lobbyist who once worked for the public relations firm Burson-Marsteller. The science blogging websites under these umbrellas cross-promote each other and the ACSH.org website.

Seife summed up his Twitter thread: “this is how a once-admired science blogging site, @scienceblogs, was acquired by a complex and, IMO, shady network of for-profits and non-profits helping Monsanto.”

Helping Monsanto

According to documents released via litigation, Monsanto paid the American Council on Science and Health in 2015 to defend glyphosate and help discredit the scientists of the World Health Organization’s cancer research panel for their report raising cancer concerns about the herbicide.

The documents indicate that Monsanto executives were uncomfortable about working with ACSH but did so anyway because “we don’t have a lot of supporters and can’t afford to lose the few we have,” Daniel Goldstein, Monsanto’s senior science lead, wrote in an email to colleagues. Goldstein provided links to two books, a pamphlet, a pesticide review and 53 articles on the ACSH.org website that he described as “EXTREMELY USEFUL” (emphasis Goldstein’s).

Anti-Semitic material on Science 2.0

Some former writers for ScienceBlogs.com refused to grant rights for their work to remain on the site due to its association with Campbell and Science 2.0, and other observers called on writers to do the same. At issue was Science 2.0’s publishing of anti-Semitic material, which Campbell tried to explain and defend.

In response to the criticism, Campbell removed some posts by the physicist Sascha Vongehr, including one titled, “One Thing Hitler Did Wrong.” The removal notice describes Vongehr’s work as “satire” that came off as offensive due to the “the author’s imperfect grasp of the English language.” Science 2.0 continues to display dozens of articles by Vongehr, including some that contain various anti-Semitic sentiments, such as a post in which Vongehr describes himself as “a Germanic racist” and another titled “Advanced Racism For Dr Duke And Prof Slattery: Why Hate Jews?”

Related:
Science 2.0 refuses to remove Nazi eugenics blog posts, by Keira Havens, Medium (7.9.2018)

Using USA Today as an outlet

In February 2017, two dozen health, environmental, labor and public interest groups wrote to the editors of USA Today with concerns that the paper regularly publishes science columns authored by ACSH staff, including Campbell, without disclosing ACSH’s funding from multiple corporate interests. ACSH Vice President of Scientific Affairs Alex Berezow, who co-authored Campbell’s 2012 book, remains on the USA Today Board of Contributors but his bio there does not disclose his leadership staff position at ACSH.

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