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.

One Man’s Suffering Exposed Monsanto’s Secrets to the World

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Company’s own records revealed damning truth of glyphosate-based herbicides’ link to cancer

This article was originally published in The Guardian.

By Carey Gillam

It was a verdict heard around the world. In a stunning blow to one of the world’s largest seed and chemical companies, jurors in San Francisco have told Monsanto it must pay $289m in damages to a man dying of cancer which he claims was caused by exposure to its herbicides.

Monsanto, which became a unit of Bayer AG in June, has spent decades convincing consumers, farmers, politicians and regulators to ignore mounting evidence linking its glyphosate-based herbicides to cancer and other health problems. The company has employed a range of tactics – some drawn from the same playbook used by the tobacco industry in defending the safety of cigarettes – to suppress and manipulate scientific literature, harass journalists and scientists who did not parrot the company’s propaganda, and arm-twist and collude with regulators. Indeed, one of Monsanto’s lead defense attorneys in the San Francisco case was George Lombardi, whose resumé boasts of his work defending big tobacco.

Now, in this one case, through the suffering of one man, Monsanto’s secretive strategies have been laid bare for the world to see. Monsanto was undone by the words of its own scientists, the damning truth illuminated through the company’s emails, internal strategy reports and other communications.

The jury’s verdict found not only that Monsanto’s Roundup and related glyphosate-based brands presented a substantial danger to people using them, but that there was “clear and convincing evidence” that Monsanto’s officials acted with “malice or oppression” in failing to adequately warn of the risks.

Testimony and evidence presented at trial showed that the warning signs seen in scientific research dated back to the early 1980s and have only increased over the decades. But with each new study showing harm, Monsanto worked not to warn users or redesign its products, but to create its own science to show they were safe. The company often pushed its version of science into the public realm through ghostwritten work that was designed to appear independent and thus more credible. Evidence was also presented to jurors showing how closely the company had worked with Environmental Protection Agency officials to promote the safety message and suppress evidence of harm.

“The jury paid attention throughout this long trial and clearly understood the science and also understood Monsanto’s role in trying to hide the truth,” said Aimee Wagstaff, one of several attorneys around the US who are representing other plaintiffs making similar claims to Dewayne Johnson.

This case and the verdict specifically concern the 46-year-old father who developed a severe and fatal form of non-Hodgkin’s lymphoma while working as a school groundskeeper, repeatedly spraying large quantities of Monsanto’s Roundup and other glyphosate herbicide brands. Doctors have said he probably does not have long to live.

The ramifications, however, are much broader and have global implications. Another trial is set to take place in October in St Louis and roughly 4,000 plaintiffs have claims pending with the potential outcomes resulting in many more hundreds of millions, if not billions of dollars in damage awards. They all allege not only that their cancers were caused by exposure to Monsanto’s herbicides, but that Monsanto has long known about, and covered up, the dangers. The team of plaintiffs’ attorneys leading the litigation say they so far have brought to light only a fraction of evidence collected from Monsanto’s internal files and plan to reveal much more in future trials.

Monsanto maintains it has done nothing wrong, and that the evidence has been misrepresented. Its attorneys say they have the bulk of scientific research firmly on their side, and that they will appeal against the verdict, meaning it could be years before Johnson and his family see a dime of the damage award. In the meantime, his wife, Araceli, works two jobs to support the couple and their two young sons as Johnson prepares for another round of chemotherapy.

But as this case and others drag on, one thing is clear: this is not just about one man dying of cancer. Glyphosate-based herbicides are so widely used around the globe (roughly 826 million kg a year) that residues are commonly found in food and water supplies, and in soil and air samples. US scientists have even recorded the weed killer residues in rainfall. Exposure is ubiquitous, virtually inescapable.

Acknowledgement of risk is essential to public protection. Regulators, however, have failed to heed the warnings of independent scientists for too long, even shrugging off the findings of the World Health Organization’s top cancer scientists who classified glyphosate as a probable human carcinogen.

Now, well past time, long-held corporate secrets have been exposed.

In his closing argument, the plaintiff’s attorney, Brent Wisner, told the jury it was time for Monsanto to be held accountable. This trial, he said, was the company’s “day of reckoning”.