Monsanto Appeals $289M Cancer Verdict

by Kim Boateng Posted on September 20th, 2018

San Francisco, California, USA : Agrochemical giant Monsanto has filed a motion of  appeal in San Francisco’s Superior Court of California asking a judge to throw out a $289 million jury verdict awarded to a man who claimed that the Bayer-owned company’s glyphosate-based weed-killers, including Roundup, gave him cancer.

The company claimed that the jury’s decision was insufficiently supported by the evidence presented at trial by Dewayne Johnson, a school groundskeeper diagnosed with a terminal form of non-Hodgkin’s lymphoma.

During the 2016 case, Johnson alleged his cancer was caused by years of exposure to Roundup and Ranger Pro herbicides, which both contain glyphosate – an ingredient that the World Health Organization’s cancer research agency classified as “probably carcinogenic to humans” back in 2015.

Monsanto has applied to Superior Court Judge Suzanne Bolanos, who presided over the original trial, asking her to set aside the verdict, reduce the award, or grant a new trial.

Johnson’s case was the first to go to trial over allegations that the ingredients used in Monsanto’s weed-killers cause cancer. Following the jury awarding $289 million to the school groundskeeper, the company is now facing a flood of 8,000 similar lawsuits across the United States.

Shares in Monsanto’s parent company Bayer plummeted after the August 10 court ruling, and have yet to recover from such a fall – currently trading about 20 percent below its value prior to the verdict: 73.30 euros ($85.45).

Germany’s Bayer released a statement on Tuesday, claiming that “the jury’s decision is wholly at odds with over 40 years of real-world use, an extensive body of scientific data and analysis … which support the conclusion that glyphosate-based herbicides are safe for use and do not cause cancer in humans.” The company added that Johnson failed to prove glyphosate caused his cancer, and that the scientific evidence he presented at trial “fell well below the causation standard required under California law.”

A hearing is set for the motions for October 10.

EARLIER : Jury Awards $289m To Man Who Claimed Monsanto’s Roundup Pesticide Gave Him Cancer

A groundskeeper who developed non-Hodgkin’s lymphoma after using Monsanto’s weed-killers for years is entitled to $39 million in compensation and $250 million in punitive damages, a California jury has decided.

The $289-million verdict in San Francisco County Superior Court is certain to add momentum to a multi-front battle to ban Roundup’s main active ingredient, glyphosate. The compound is applied to millions of acres of crops, many of which have been genetically modified to withstand the herbicide.

The jury deliberated three days before awarding $39 million in compensatory damages and $250 million in punitive damages to groundskeeper DeWayne Lee Johnson, 46. He claimed that years of applying Monsanto’s Roundup and Ranger Pro to school properties in a Bay Area suburb of Benicia caused his incurable non-Hodgkin’s lymphoma.
Activists, who have long battled to ban glyphosate, lauded the decision in the closely watched trial.

“Monsanto made Roundup the OxyContin of pesticides, and now the addiction and damage they caused have come home to roost,” said Ken Cook, president of Environmental Working Group. “This won’t cure DeWayne Lee Johnson’s cancer, but it will send a strong message to a renegade company.”

The verdict “signals a turning tide,” said Linda Wells, Midwest organizing director for Pesticide Action Network. “It’s time to get carcinogenic pesticides off the market, and fight for the protective regulations we all deserve,” Wells said.

Monsanto has denied that glyphosate, the key ingredient in both Roundup and Ranger Pro, causes cancer. The company has cited scientific studies going back decades that showed the chemical safe for use by humans.

Monsanto, which continues to be run independently after merging earlier this year with German agro-industrial giant Bayer AG, said in a statement that it will appeal the verdict.

“We are sympathetic to Mr. Johnson and his family,” said Scott Partridge, Monsanto’s vice president of global strategy. “Today’s decision does not change the fact that more than 800 scientific studies and reviews — and conclusions by the U.S. Environmental Protection Agency, the U.S. National Institutes of Health and regulatory authorities around the world — support the fact that glyphosate does not cause cancer, and did not cause Mr. Johnson’s cancer.”

Monsanto VP Scott Partridge said that the company will appeal and continue to “vigorously defend” the herbicide. “The verdict today does not change the science,” Partridge said.

Nationwide, growers have used an estimated 1.8 million tons of the chemical since it was introduced in the mid-1970s, according to government and industry estimates.

The bulk of glyphosate was sprayed on tens of millions of acres of corn and soy in the Midwest. But California growers also applied it to more than 200 crops across 4 million acres, including 1.5 million acres of almonds, making it their most widely used herbicide, according to the California Department of Pesticide Regulation.

Having inherited a company long vilified by environmental activists as “Monsatan,” Bayer faces high potential liabilities from hundreds of similar lawsuits, along with a battle over adding a cancer warning label on products sold in California.

A U.S. District Court judge earlier this year temporarily halted moves by California to require a cancer warning label under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, passed by voters in 1986.

California’s decision to include glyphosate on its list of chemicals linked to cancer followed a 2015 ruling by the Europe-based International Agency for Research on Cancer that the chemical is a “probable” carcinogen.

The U.S. EPA as well as its counterpart agencies in the European Union have disagreed with the conclusion reached by that panel, which is part of the World Health Organization. Last December, the U.S. EPA ruled that glyphosate was “not likely” to cause cancer.

California’s Office of Environmental Health Hazard Assessment, the agency that listed the chemical as a probable carcinogen, is finalizing its regulation establishing a “safe” threshold under which glyphosate products would be exempt from the Proposition 65 warning provisions.

After labeling glyphosate a “possible human carcinogen” in 1985, the US Environmental Protection Agency (EPA) reversed its position on the chemical in 1991. The EU Food Safety Authority said in 2015 that peer review experts, with only one exception, consider glyphosate “unlikely to pose a carcinogenic hazard.”

The World Health Organization’s cancer research agency classified glyphosate as “probably carcinogenic to humans” in 2015, but said there was “limited evidence of carcinogenicity in humans for non-Hodgkin lymphoma” based on studies from US, Canada and Sweden published since 2001.

Monsanto was acquired by the German agrochemical giant Bayer AG in June, in a merger deal valued at $66 billion.

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Kim Boateng

Kim Boateng

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