Monsanto #RoundupTrial Tracker: New Developments

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You can find updates about the ongoing litigation against Monsanto Company in this blog, which we will be updating regularly with tips and tidbits of interest. Discovery documents from the litigation are posted on our Monsanto Papers page, and we provide links to recent news stories and analysis here.

December 12, 2018 – New Judge Appointed in Pilliod Case

Alameda County Superior Court Judge Ioana Petrou, who has spent more than a year engaged in the Roundup cancer litigation and sat through many days of the presentation of scientific evidence by plaintiffs and defense experts in a federal court hearing in March 2017, is off the case. California Gov. Jerry Brown announced on November 21st that Petrou has been appointed associate justice, Division Three of the First District Court of Appeal.

Judge Winifred Smith has been named to replace Petrou to oversee the case of Pilliod V. Monsanto, which is scheduled to go to trial March 8 in Oakland, California. Smith was appointed by Governor Gray Davis in November 2000, and prior to her appointment, served as deputy assistant attorney general for the Department of Justice in San Francisco.

The Pilliod case will be the third to go to trial in the sweeping Roundup mass tort litigation. Alva Pilliod and his wife Alberta Pilliod, both in their 70s and married for 48 years, allege that their cancers – forms of non-Hodgkin lymphoma – are due to their long exposure to Roundup. Their advanced ages and cancer diagnoses warrant a speedy trial, according to court filings by their attorneys. Monsanto opposed their request for the expedited trial date but Petrou found the couple’s illnesses and ages warranted preference. Alberta has brain cancer while Alva suffers from a cancer that has invaded his pelvis and spine. Alva was diagnosed in 2011 while Alberta was diagnosed in 2015. They used Roundup from roughly the mid -1970s until only a few years ago.

The Pilliod suit echoes others in claiming that “Monsanto led a prolonged campaign of misinformation to convince government agencies, farmers and the general public that Roundup was safe.”

December 11, 2018 – Attorneys Scramble Ahead of Next Trial

With the next trial in the mass Roundup cancer litigation set for Feb. 25 in San Francisco, attorneys for Monsanto and plaintiffs are scrambling to take more than two dozen depositions in the waning weeks of December and into January even as they debate how the trial should be organized.

Monsanto attorneys on Dec. 10 filed a motion to “reverse bifurcate” the next trial Edward Hardeman V. Monsanto (3:16-cv-00525). Monsanto wants the jury only to hear evidence focused on specific medical causation first – did its herbicide cause the plaintiff’s cancer – with a second phase that would address Monsanto’s liability and damages only necessary if the jury found in plaintiff’s favor in the first phase. See Monsanto’s argument here. Judge Chhabria granted a request from plaintiff’s attorneys to be allowed until Thursday to file their response.

Edward Hardeman and his wife spent many years living on a 56-acre, former exotic animal refuge in Sonoma County, California where Hardeman routinely used Roundup products to treat overgrown grasses and weeds since the 1980s. He was diagnosed with B-cell non-Hodgkin lymphoma in February 2015, just a month before the International Agency for Research on Cancer declared glyphosate to be a probable human carcinogen.

Hardeman’s case was selected as the first to be tried in federal court in San Francisco (Northern District of California) in front of Judge Vince Chhabria. Attorney Aimee Wagstaff of Denver, Colorado, is lead plaintiff’s counsel on the case. Attorney Brent Wisner of the Baum Hedlund law firm in Los Angeles, and the lawyer credited with leading the victory in Dewayne Lee Johnson’s historic August victory over Monsanto, had been expected to help try the case but now has another case scheduled to begin in March. That case is Pilliod, et al V. Monsanto in Alameda County Superior Court. See related documents on the Monsanto Papers main page.

Monsanto’s new owner Bayer AG is not content to rely on Monsanto’s trial team that lost the Johnson case and is bringing in its own legal defense team. The Bayer team, which helped the German company win litigation over the Xarelto blood thinner, now includes Pamela Yates and Andrew Solow of Arnold & Porter Kaye Scholer and Brian Stekloff of Wilkinson Walsh Eskovitz.

Hearings on specific causation issues are set in the Hardeman case for Feb. 4, 6, 11, and 13 with jury selection scheduled for Feb. 20. Opening arguments would then begin Feb. 25, according to the current schedule.

December 6, 2018 – Upcoming Monsanto Trial Dates

2/25/2019 – Federal Court – Hardeman
3/18/2019 – CA JCCP – Pilliod (2 plaintiffs)
4/1/2019 – St. Louis City Court – Hall
4/22/2019 – St. Louis County Court – Gordon
5/25/2019 – Federal Court – Stevick or Gebeyehou
9/9/2019 – St. Louis County Court – 4 plaintiffs
1/21/2020 – St. Louis City Court – 10 plaintiffs
3/23/2020 – St. Louis City Court

November 21, 2018 – Lee Johnson interview

Dewayne “Lee” Johnson was the first person to take Monsanto to court alleging that exposure to Roundup herbicide caused him to develop non-Hodgkin lymphoma and that the company covered up the risks. In August 2018, a jury in San Francisco unanimously found that Monsanto had failed to warn about the carcinogenic dangers of Roundup herbicide and related products, and they awarded Johnson $289 million. A judge later reduced that amount to $78 million. Carey Gillam spoke with Johnson about the aftermath of his case in this interview for TIME magazine: I Won a Historic Lawsuit But May Not Get to Keep the Money

Rachel Carson Environment Book Award Winner: Whitewash by Carey Gillam

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Carey Gillam’s “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science (Island Press) has received rave reviews since its release last fall and has received several awards for outstanding reporting:

Hard-hitting, eye-opening narrative…A forceful argument for an agricultural regulatory environment that puts public interest above corporate profits.”  Kirkus Reviews

This is a must-read for everyone concerned about the increasing burden of toxic chemicals in water and food, the health and environmental consequences thereof, and corporate influence on government agencies.Booklist 

“Gillam expertly covers a contentious front where corporate malfeasance intersects with issues of public health and ecology.” Publishers Weekly 

“a gutsy, compelling read from beginning to end, especially for readers who enjoy the kind of hard-nosed, shoe-leather reporting that used to be the hallmark of great journalism.” Society for Environmental Journalists BookShelf

“well-documented compendium of wrongs, fraud, conflicts of interest, undue influence, and troubling forms of plain old [PR]….Some of its revelations are downright infuriating. Los Angeles Review of Books 

See also: Carey Gillam’s testimony before a joint committee of the European Parliament on 10/11/2017 and her reporting from the Daubert Hearings in the Cancer Victims Vs. Monsanto glyphosate litigation.

Book Description

It’s the pesticide on our dinner plates, a chemical so pervasive it’s in the air we breathe, our water, our soil, and even found increasingly in our own bodies. Known as Monsanto’s Roundup by consumers, and as glyphosate by scientists, the world’s most popular weed killer is used everywhere from backyard gardens to golf courses to millions of acres of farmland. For decades it’s been touted as safe enough to drink, but a growing body of evidence indicates just the opposite, with research tying the chemical to cancers and a host of other health threats.

In Whitewash, veteran journalist Carey Gillam uncovers one of the most controversial stories in the history of food and agriculture, exposing new evidence of corporate influence. Gillam introduces readers to farm families devastated by cancers which they believe are caused by the chemical, and to scientists whose reputations have been smeared for publishing research that contradicted business interests. Readers learn about the arm-twisting of regulators who signed off on the chemical, echoing company assurances of safety even as they permitted higher residues of the pesticide in food and skipped compliance tests. And, in startling detail, Gillam reveals secret industry communications that pull back the curtain on corporate efforts to manipulate public perception.

Whitewash is more than an exposé about the hazards of one chemical or even the influence of one company. It’s a story of power, politics, and the deadly consequences of putting corporate interests ahead of public safety.

http://careygillam.com/book
Publication date October 2017

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More Praise for Whitewash

“The book unravels a tapestry of pesticide industry tricks to manipulate the scientific truths about their products while placing profits above human health and the environment. As someone who has experienced similar actions by corporations firsthand in my work far too often, I am hopeful that Carey’s book will be a wake-up call for more transparency about the dangers surrounding many chemicals in the marketplace.” Erin Brockovich, environmental activist and author

Carey Gillam has brilliantly assembled the facts and describes how Monsanto and other agricultural chemical companies lied about their products, covered up the damaging data and corrupted government officials in order to sell their toxic products around the world.  David Schubert, Ph.D., Professor and Head of the Cellular Neurobiology Laboratory at the Salk Institute For Biological Studies

Carey Gillam is a brave warrior in the mold of Rachel Carson. She has exposed the ruthless greed and fraud which have led to the poisoning of our planet. Brian G.M. Durie, M.D. Chairman of the International Myeloma Foundation, oncology specialist and attending physician at Cedars-Sinai Medical Center

In the grand tradition of Silent Spring, Carey Gillam’s Whitewash is a powerful exposé that sheds light on a chemical that — to most of us — is both entirely invisible and yet profoundly damaging to our bodies and our environment. It is a deeply researched, entirely convincing exposé of the politics, economics and global health consequences implicit in the spread of the world’s most common herbicide. Gillam has done what all great journalists strive to do: she has made us see clearly what has long been right before our eyes. Highly recommended.  McKay Jenkins, author, Professor of English, Journalism and Environmental Humanities at the University of Delaware

Secret Documents Expose Monsanto’s War on Cancer Scientists

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By Stacy Malkan

DeWayne Johnson, a 46-year-old father dying of non-Hodgkin lymphoma, became the first person to face Monsanto in trial this week over allegations the company hid evidence about the cancer-causing dangers of its Roundup weedkiller. Johnson is the first of some 4,000 people suing Monsanto in state and federal courts claiming their cancers were caused by glyphosate-based Roundup. The litigation, and documents coming to light because of it, are shining light on the heavy-handed tactics Monsanto (now a subsidiary of Bayer) has used to deny cancer risk and protect the chemical that is the lynchpin of its profits.

“Monsanto was its own ghostwriter for some safety reviews,” Bloomberg reported, and an EPA official reportedly helped Monsanto “kill” another agency’s cancer study. An investigation in Le Monde details Monsanto’s effort “to destroy the United Nations’ cancer agency by any means possible” to save glyphosate.

Two recent journal articles, based on reviews of the Roundup trial discovery documents, report corporate interference in a scientific publication and a federal regulatory agency, and other examples of “poisoning the scientific well.”

“Monsanto’s ghostwriting and strong-arming threaten sound science and society,” wrote Tufts University Professor Sheldon Krimsky in a June essay. The discovery documents, he said, “uncover the corporate capture of science, which puts public health and the very foundation of democracy at risk.”

This corporate war on science has major implications for all of us, considering that half of all men in the U.S. and a third of women will be diagnosed with cancer at some point in our lifetimes, according to the National Cancer Institute.

The documents the food industry doesn’t want you to see

For years, the food and chemical industries have set their sights on one particular target in the science world: the International Agency for Research on Cancer (IARC), the independent research group that for 50 years has worked to identify cancer hazards to inform policies that can prevent cancer.

“I’ve been fighting IARC forever!!! :)” one former Kraft Foods scientist wrote to a former Syngenta scientist in an email obtained through a state open records request. “Foods and ag are under siege since Glyphosate in March 2015. We all need to gather somehow and expose IARC, as you guys did in the paper. Next priorities are all food ingredients: aspartame, sucralose, dietary iron, B-carotene, BPA, etc. IARC is killing us!”

The IARC expert panel decision to classify glyphosate as “probably carcinogenic to humans” created a rallying point for the panel’s foes to gather forces. A key Monsanto document released via litigation reveals the plan of attack: discredit the cancer scientists with the help of allies across the food industry.

Monsanto’s public relations plan assigned 20 corporate staffers to prepare for the IARC carcinogenicity report on glyphosate, with objectives including “neutralize impact,” “establish public perspective on IARC,” “regulator outreach,” “ensure MON POV” and “engage industry associations” in “outrage.”

The document identified four tiers of “industry partners” to help advance the three objectives named in the PR plan: protect the reputation of Roundup, prevent “unfounded” cancer claims from becoming popular opinion, and “provide cover for regulatory agencies” to keep allowing the use of glyphosate.

Uncovering Monsanto’s network of “industry partners”

The industry partner groups Monsanto tapped to discredit the IARC scientists included the largest pesticide and food industry lobby organizations, CropLife International, BIO and the Grocery Manufacturers Association; industry-funded spin groups such as GMO Answers and the International Food Information Council; and “science-y” sounding front groups like Sense about Science, the Genetic Literacy Project and Academics Review – all using similar messaging and often referring back to each other as sources.

Documents obtained by the U.S. Right to Know investigation illuminate on how these partner groups work together to promote the “MON POV” about the safety and necessity of pesticides and GMOs.

One set of documents revealed how Monsanto’s PR operatives organized “Academics Review” as a neutral-sounding platform from which they could launch attacks against a target list of foes, including the Sierra Club, author Michael Pollan, the movie Food, Inc. and the organic industry.

The architects of Academics Review – co-founders Bruce Chassy and David Tribe, Monsanto executive Eric Sachs, former Monsanto communications director Jay Byrne, and former VP of the biotech industry trade group Val Giddings – talked openly in the emails about setting up Academics Review as a front group to promote industry interests and attract industry cash, while keeping corporate fingerprints hidden.

Email from Jay Byrne, former director of corporate communications for Monsanto, to Bruce Chassy.

Email from Eric Sachs, Monsanto’s Science, Technology & Outreach Lead, to Bruce Chassy

Even now with their playbook exposed – and their primary funding identified as coming from a trade group funded by Monsanto, Bayer, BASF, Syngenta and DowDuPont – Academics Review still claims on its website to accept donations only from “non-corporate sources.” Academics Review also claims that the “IARC glyphosate cancer review fails on multiple fronts,” in a post sourced by the industry-funded PR website GMO Answers, the industry-funded front group American Council on Science and Health, and a Forbes article by Henry Miller that was ghostwritten by Monsanto.

Miller and the Academics Review organizers Chassy, Tribe, Byrne, Sachs and Giddings are all also members of AgBioChatter, a private listserv that appeared in Monsanto’s PR plan as a tier 2 industry partner. Emails from the AgBioChatter list suggest it was used as a forum to coordinate industry allies on messaging and lobbying activities to promote GMOs and pesticides. Members included senior agrichemical industry staff, PR consultants and pro-industry academics, many of whom write for industry media platforms such as GMO Answers and Genetic Literacy Project, or play leadership roles in other Monsanto partner groups.

Genetic Literacy Project, led by longtime chemical industry PR operative Jon Entine, also partnered with Academics Review to run a series of conferences funded by the agrichemical industry to train journalists and scientists how to better promote GMOs and pesticides and argue for their deregulation. The organizers were, again, dishonest about the sources of their funding.

These groups cast themselves as honest arbiters of science even as they spread false information and level near hysterical attacks against scientists who raised concerns about the cancer risk of glyphosate.

A search for “IARC” on the Genetic Literacy Project website brings up more than 220 articles with industry messaging, maligning the cancer scientists as “anti-chemical enviros” who “lied” and “conspired to misrepresent” the health risks of glyphosate, and arguing that the global cancer agency should be defunded and abolished.

Many of the anti-IARC articles posted on that site, or pushed by other industry surrogates, ignore the many news reports based on the Monsanto Papers documenting corporate interference in the scientific research, and focus instead on the misleading reporting of Kate Kelland, a Reuters’ reporter who has close ties to the Science Media Centre, the sister organization of Sense About Science, a group Monsanto suggested in its PR plan to “lead industry response” in the media.

The battle against IARC, based on these attacks, has now reached Capitol Hill, with Congressional Republicans led by Rep. Lamar Smith investigating and trying to withhold U.S. funding from the world’s leading cancer research agency.

Who is on the side of science?

Monsanto’s lobbying and messaging to discredit the IARC cancer panel is based on the argument that other agencies using risk-based assessments have exonerated glyphosate of cancer risk. But as many news outlets have reported, along with the two recent journal articles based on the Monsanto Papers, evidence is piling up that the regulatory risk assessments on glyphosate, which rely heavily on industry-provided research,  have been compromised by undisclosed conflicts of interest, reliance on dubious science, ghostwritten materials and other methods of corporate strong-arming that puts public health at risk, as the Tufts Professor Sheldon Krimsky wrote.

“To protect the scientific enterprise, one of the core pillars of a modern democratic society, against the forces that would turn it into the handmaiden of industry or politics, our society must support firewalls between academic science and the corporate sectors and educate young scientists and journal editors on the moral principles behind their respective professional roles,” Krimsky wrote.

Policy makers must not allow corporate-spun science to guide decisions about cancer prevention. Media must do a better job reporting and probing into conflicts of interest behind the corporate science spin. It’s time to end the corporate war on cancer science.

Stacy Malkan is co-director of the consumer group U.S. Right to Know and author of the book “Not Just a Pretty Face: The Ugly Side of the Beauty Industry.” 

First Monsanto Roundup Cancer Trial Underway

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Related coverage:

  • Landmark Lawsuit Claims Monsanto Hid Cancer Danger of Weedkiller for Decades, by Carey Gillam in The Guardian
  • First Monsanto Roundup Cancer Trial Jury Selection, Carey Gillam’s blog

By Carey Gillam

Let the battle begin. Opening statements are slated for Monday in the landmark legal case that for the first time puts Monsanto and its Roundup herbicide on trial over allegations that the company’s widely used weed killer can cause cancer.

Dewayne “Lee” Johnson, a San Francisco-area school groundskeeper who used a form of Roundup regularly at his job, will face off against the global seed and chemical giant in a trial expected to extend into August. Johnson hopes to persuade a jury that Monsanto, which last month became a subsidiary of Bayer AG, is to blame for the non-Hodgkin lymphoma that doctors have said leaves him only weeks or months left to live.

Hints of the courtroom drama to come unfolded over the last week of June as jury selection dragged on for days, with Monsanto claiming widespread bias among prospective jurors. A number of the members of the jury pool, Monsanto’s attorney said, revealed in jury questionnaires that they view Monsanto as “evil.” Some even said they believe the company has “killed people,” a Monsanto attorney lawyer told San Francisco Superior Court Judge Suzanne Bolanos.

Monsanto’s attorneys cited similar issues in seeking to quell media coverage of the trial, telling the judge that she should not allow news cameras to televise the events because the publicity would “create a significant safety risk” for Monsanto’s employees and attorneys who have been targeted with “multiple threats and disturbing communications,” related to the litigation. Monsanto said employees have received threatening phone calls as well as ominous postcards sent to their homes. One postcard displayed a skull and crossbones along with a photo of the recipient, Monsanto said in a court filing.

Judge Bolanos ruled that some parts of the trial will be allowed to be broadcast, including opening statements, closing arguments and the announcement of a verdict. The trial is expected to be closely followed by people around the world; the French news outlet Agence France Presse is among the contingent of media who sought permission to cover the case.

Heated debates over the safety of Roundup and the active ingredient glyphosate have spanned the globe for years. Concerns mounted after internal Monsanto documents came to light through court-ordered discovery, showing conversations among Monsanto employees about “ghost” writing certain scientific papers to help influence regulatory and public opinion about Monsanto products.

Many of those internal corporate records are expected to be a key part of Johnson’s case. Johnson’s attorneys say they have evidence that Monsanto has long known that glyphosate-based herbicides such as Roundup are carcinogenic and have hidden that information from consumers and regulators. They allege Monsanto has manipulated the scientific record and regulatory assessments of glyphosate in order to protect corporate glyphosate-related revenues. Monsanto knew of the dangers and “made conscious decisions not to redesign, warn or inform the unsuspecting public,” the Johnson lawsuit claims.

If they can convince a jury of the allegations, the lawyers say they plan to ask for potentially “hundreds of millions of dollars.”

Johnson’s lawsuit against Monsanto makes him one of roughly 4,000 plaintiffs who sued the company after the International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen in March 2015. The IARC classification was based on a review of more than a decade of published, peer-reviewed scientific studies analyzing glyphosate and glyphosate-based herbicides. Johnson’s case is the first to go to trial. Another is scheduled for trial in October in St. Louis, Missouri.

Monsanto argues there is no justification for any of the claims, and asserts it has decades of regulatory findings of safety and hundreds of research studies to back its defense. “Glyphosate is the most tested herbicide in history,” Monsanto stated in its trial brief.

The company says it plans to introduce expert testimony demonstrating that the science is firmly on its side—”the entire body of epidemiology literature shows no causal association” between its glyphosate-based herbicides and non-Hodgkin lymphoma, the company states. As well, the animal testing database “is most consistent with glyphosate not being a human carcinogen,” according to Monsanto.

The company’s attorneys also plan to show that Johnson’s exposure was minimal, and notably, that development of his type of cancer—a disease called mycosis fungoides that causes lesions on the skin—takes many years to form and could not have developed in the short period between Johnson’s exposure and his diagnosis.

Monsanto’s attorneys argue in court filings that Johnson’s claims are so weak the judge should instruct the jury to provide a directed verdict in Monsanto’s favor.

But Johnson’s attorneys plan to tell jury members that Johnson began to experience a skin rash not long after being accidentally doused in a Monsanto glyphosate-based herbicide called Ranger Pro. He saw the rash—which turned to lesions and then invaded lymph nodes—worsen after he would use the chemical, which was frequently as he treated school grounds. Johnson’s attorneys plan to tell jurors that Johnson was so worried that the herbicide was to blame that he called Monsanto’s offices as well as a poison hotline number listed on the herbicide label. Monsanto employees recorded his outreach and his concerns, internal Monsanto documents show. But even after the IARC classification of glyphosate as a probable carcinogen, Monsanto did not inform him of any risk, according to evidence to be presented at the trial.

As part of their case, Johnson’s attorneys intend to present video depositions of 10 former or current Monsanto employees, and of former Environmental Protection Agency official Jess Rowland, whose relationship with Monsanto has sparked allegations of collusion and an inquiry from the EPA’s Office of Inspector General. They also will call to the stand Johnson himself, his wife, his doctors, and several scientists as expert witnesses.

The Monsanto witness list includes 11 expert witnesses who will testify both about the necessity of herbicides, including glyphosate-based herbicides; certain scientific literature; the plaintiff’s type of cancer and potential causes; and other evidence that Monsanto says discredits Johnson’s claims.

Johnson’s attorneys will start the opening statements on Monday, and have projected that initial explanation of their case to the jury will take roughly 1-1/2 hours. Monsanto’s attorneys have told the court they expect their opening statements to take roughly 1-1/4 hours.

This story originally appeared in EcoWatch.