California Supreme Court denies review of Monsanto Roundup trial loss

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The California Supreme Court will not review a California man’s trial win over Monsanto, dealing another blow to Monsanto’s German owner, Bayer AG.

The decision to deny a review in the case of Dewayne “Lee” Johnson marks the latest in a string of court losses for Bayer as it tries to complete settlements with close to 100,000 plaintiffs who each claim they or their loved ones developed non-Hodgkin lymphoma from exposure to Roundup and other Monsanto weed killers. Juries in each of three trials held to date have found not only that the company’s glyphosate-based herbicides cause cancer but also that Monsanto spent decades hiding the risks.

“We are disappointed with the Court’s decision not to review the intermediate appeals court’s decision in Johnson and will consider our legal options for further review of this case,” Bayer said in a statement.  

The Miller Firm, Johnson’s Virginia-based law firm, said the California Supreme Court’s decision denied “Monsanto’s latest attempt to skirt responsibility” for causing Johnson’s cancer.

“Multiple judges have now affirmed the jury’s unanimous finding that Monsanto maliciously  concealed Roundup’s cancer risk and caused Mr. Johnson to develop a deadly form of cancer. The time has come for Monsanto to end its baseless appeals and pay Mr. Johnson the money it owes him,” the firm said.

A unanimous jury found in August 2018 that exposure to Monsanto’s herbicides  caused Johnson to develop a deadly form of non-Hodgkin lymphoma. The jury further found that Monsanto acted to hide the risks of its products in conduct so egregious that the company should pay Johnson $250 million in punitive damages on top of $39 million in past and future compensatory damages.

Upon appeal from Monsanto, the trial judge reduced the $289 million to $78 million. An appeals court then cut the award to $20.5 million, citing the fact that Johnson was expected to live only a short time.

The appeals court said it reduced the damages award despite finding there was “abundant” evidence that glyphosate, together with the other ingredients in Roundup products, caused Johnson’s cancer and that “there was overwhelming evidence that Johnson has suffered, and will continue to suffer for the rest of his life, significant pain and suffering.”

Both Monsanto and Johnson sought review by the California Supreme Court, with Johnson asking for restoration of a higher damage award and Monsanto seeking to reverse the trial judgment.

Bayer has reached settlements with several of the leading law firms who collectively represent a significant share of the claims brought against Monsanto. In June, Bayer said it would provide $8.8 billion to $9.6 billion to resolve the litigation.

U.S. study shows switch to organic diet can quickly clear pesticide from our bodies

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A new study published Tuesday found that after switching to an organic diet for just a few days, people could cut the levels of a pesticide linked to cancer found in their urine by more than 70 percent.

The researchers collected a total of 158 urine samples from four families –seven adults and nine children – and examined the samples for the presence of the weed killer glyphosate, which is the active ingredient in Roundup and other popular herbicides. The participants spent five days on a completely non-organic diet and five days on a completely organic diet.

“This study demonstrates that shifting to an organic diet is an effective way to reduce body burden of glyphosate… This research adds to a growing body of literature indicating that an organic diet may reduce exposure to a range of pesticides in children and adults,” states the study, which was published in the journal Environmental Research.

Notably, the researchers found that the children in the study had much higher levels of glyphosate in their urine than did the adults. Both adults and children saw large drops in the presence of the pesticide following the diet change. The mean urinary glyphosate levels for all subjects dropped 70.93 percent.

Despite its small size, the study is an important one because it shows people can markedly reduce their exposures to pesticides in food even without regulatory action, said Bruce Lanphear, Professor of Health Sciences at Simon Fraser University.

Lanphear noted that the study showed children appear to be more heavily exposed than adults, though the reason is unclear.  “If the food is contaminated with pesticides, they will have a higher body burden,” Lanphear said.

Roundup and other glyphosate herbicides are commonly sprayed directly over the top of growing fields of corn, soybeans, sugar beets, canola, wheat, oats and many other crops used to make food, leaving traces in finished food products consumed by people and animals.

The Food and Drug Administration has found glyphosate even in oatmeal  and honey, among other products. And consumer groups have documents glyphosate residues in an array of snacks and cereals.

But glyphosate and glyphosate-based herbicides such as Roundup have been linked to cancer and other illness and disease in several studies over the years and growing awareness of the research has led to growing fears about exposure to the pesticide through the diet.

Many groups have documented the presence of glyphosate in human urine in recent years. But there have been few studies comparing glyphosate levels in people eating a conventional diet versus a diet made up only of foods grown organically, without the use of pesticides such as glyphosate.

“The outcomes of this research validate the previous research in which organic diets could minimize the intakes of agrochemicals, such as glyphosate,” said Chensheng Lu, adjunct professor of the University of Washington School of Public Health and honorary professor, Southwest University, Chongqing China.

“In my opinion, the underlying message of this paper is to encourage producing more organic foods for people who want to protect themselves from the exposure of agrochemicals. This paper has proven again this absolute right pathway for prevention and protection,” Lu said.

The study was authored by John Fagan and Larry Bohlen, both of the Health Research Institute in Iowa, along with Sharyle Patton, director of the Commonweal Biomonitoring Resource Center in California and Kendra Klein, a staff scientist at Friends of the Earth, a consumer advocacy group.

The families participating in the study live in Oakland, California, Minneapolis, Minnesota, Baltimore, Maryland and Atlanta, Georgia.

The study is the second of a two-part research project. In the first, levels of 14 different pesticides were measured in the urine of participants.

Glyphosate is of particular concern because it is the most widely used herbicide in the world and is sprayed on so many food crops. The International Agency for Research on Cancer, part of the World Health Organization, said in 2015 that researched showed glyphosate to be a probable human carcinogen.

Tens of thousands of people have sued Monsanto claiming exposure to Roundup caused them to develop non-Hodgkin lymphoma, and many countries and localities around the world have recently limited or banned glyphosate herbicides or are considering doing so.

Bayer, which bought Monsanto in 2018, is attempting to settle more than 100,000 such claims brought in the United States. The plaintiffs in the nationwide litigation also claim Monsanto has long sought to hide the risks of its herbicides.

A California appeals court ruled last month that there was “abundant” evidence that glyphosate, together with the other ingredients in Roundup products, caused cancer.

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.”