U.S. judge sets trial in litigation against Syngenta alleging weed killer causes Parkinson’s disease

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A federal judge appointed to coordinate proceedings for claims that Syngenta AG’s paraquat weed killers cause Parkinson’s disease said Wednesday she was setting a jury trial date for Nov. 15, 2022.

U.S. Judge Nancy Rosenstengel of the Southern District of Illinois issued the order in an initial hearing with lawyers from multiple firms who are representing people alleging their exposure to Syngenta’s popular herbicides caused them or family members to develop and suffer from the dreaded neurological disorder.

There are 157 cases pending in state and federal courts around the country, according to a June 22 court filing. The plaintiffs allege Syngenta was aware of the risks but failed to warn users.

Syngenta, which is owned by a Chinese chemical company, has denied the allegations.

Along with Syngenta, the defendants include Chevron Phillips Chemical Company LP, and Chevron USA, Inc. All have denied any liability.

Several scientific studies have linked paraquat to Parkinson’s, including a large study of U.S. farmers jointly overseen by multiple U.S. government agencies.  Farmers use paraquat in the production of many crops, including corn, soy and cotton. The Agricultural Health Study (AHS) said it found that “exposure to agricultural pesticides may increase a person’s risk of developing Parkinson’s disease.” In 2011, AHS researchers reported that “participants who used paraquat or rotenone were twice as likely to develop Parkinson’s disease as people who didn’t use these chemicals.”

A more recent paper from AHS researchers stated that “Extensive literature suggests an association between general pesticide use and Parkinson’s disease (PD). However, with few exceptions, little is known about associations between specific pesticides and PD.”

Parkinson’s is an incurable progressive nervous system disorder that limits a person’s ability to control movement, causing tremors, loss of balance and eventually often leaving victims bedridden and/or bound to a wheelchair. The disease is not necessarily fatal but typically becomes severely debilitating.

Dutch neurologist Bastiaan Bloem, who recently authored a book about Parkinson’s, blames widespread exposure to herbicides such as paraquat, along with other toxic chemicals used in agriculture and manufacturing, for the spread of the disease.

The case number for the multidistrict litigation in the U.S. District Court for the Southern District of Illinois is 3:21-md-03004-NJR

Some cases already settled

Even as more than 100 cases move forward, several are in the process of settling.

A “notice of settlement” was filed on June 18 in California, stating that the parties in 16 cases pending in that state had reached agreement on settlement terms.

Among the law firms involved in that settlement notice is the Missouri-based firm headed by lawyer Steve Tillery.

Tillery was scheduled to bring one of his cases, Hoffman V. Syngenta, to trial last month, and has accumulated thousands of pages of internal company documents through discovery. He had  threatened to introduce evidence that he said included internal company records showing Syngenta has known for decades that its product causes Parkinson’s Disease.

Tillery has refused to confirm settlement terms.

Monsanto fails bid to banish experts from St. Louis Roundup cancer trial

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Monsanto is not finding an early hometown advantage as it prepares for the next Roundup cancer trial after the St. Louis judge who will oversee the trial denied Monsanto’s motion for summary judgment and denied the company’s request to ban experts scheduled to testify for the plaintiff.

Before selling to Germany-based Bayer AG last year, Monsanto was headquartered in the St. Louis, Missouri area for decades, and still maintains a large employment and philanthropic presence there. Some observers have speculated that a St. Louis jury may give Monsanto a good shot at its first trial win  in the sprawling litigation. The company lost the first three trials, all of which took place in California.

But St. Louis County Judge Brian May is not doing Monsanto any favors. In twin rulings, May denied Monsanto’s motion for summary judgment before trial and rejected the company’s request to exclude the opinions of seven expert witnesses that the plaintiff’s attorneys plan to call to testify.

Judge May also ordered that the trial can be recorded and televised via Courtroom View Network from its start on Aug. 19 until conclusion.

The plaintiff in the case is Sharlean Gordon, a cancer-stricken woman in her 50s who used Roundup herbicides for more than 15 years at her residence in South Pekin, Illinois.  Gordon v. Monsanto is actually derived from a case filed in July 2017 on behalf of more than 75 plaintiffs. Gordon is the first of that group to go to trial.

Her case, like that of the thousands of others filed around the United States, alleges use of Monsanto’s glyphosate-based herbicides can cause non-Hodgkin lymphoma and that Monsanto has long known about the potential risks but instead of warning users has actively worked to suppress information.

Gordon was diagnosed with diffuse large B-cell lymphoma, a subtype of non-Hodgkin lymphoma, in 2006.  She was told her cancer was in remission in 2007 but it returned in 2008.  Since then she has gone through two stem cell transplants and spent a lengthy period in a nursing home. She remains very debilitated, according to attorney Aimee Wagstaff.

Wagstaff was the winning attorney in the second Roundup cancer trial, Edwin Hardeman v. Monsanto. In that federal court case, a San Francisco jury returned a verdict of approximately $80 million for Hardeman, including punitive damages of $75 million.  U.S. District Judge Vince Chhabria reduced the punitive damages awarded Hardeman to $20 million from $75 million, putting the total award at  $25,313,383.02.

The jury awards in the other two Roundup cancer trials have also been reduced by the trial judges. In the most recent trial a judge cut the damages awarded an elderly couple from approximately $2 billion to $86 million. And in the first Roundup cancer trial, the judge cut a $289 million verdict awarded to a California school groundskeeper down to $78 million.