Monsanto Trial: Judge Rejects Bid to Overturn Landmark Cancer Verdict
By Sam Levin, Guardian UK
23 October 18
Dewayne Johnson originally won $289m after finding Roundup weedkiller caused
illness, but judge reduces financial award
California judge has rejected Monsanto's appeal to overturn a landmark jury
verdict which found that its popular herbicide causes cancer.
The judge's ruling on Monday largely sided with Dewayne "Lee" Johnson, a
father of three and former school groundskeeper, who won a $289m award over
the summer after alleging that his exposure to Roundup weedkiller gave him
cancer. During the trial, the first of its kind, the 46-year-old also
alleged that Monsanto had failed to warn him of the risks of using its
product.
Monsanto, now owned by Bayer, the German pharmaceutical company, filed an
appeal of the verdict, which said the company was responsible for "negligent
failure", knew or should have known that its product was "dangerous", and
had "acted with malice or oppression".
Monsanto fought to overturn the verdict, arguing the evidence was
insufficient. The San Francisco superior court judge Suzanne Bolanos had
suggested in an initial written ruling this month that she was considering
granting a new trial. But she ultimately denied Monsanto's request. However,
she has ruled to reduce punitive damages from $250m to $39m.
The judge said in her ruling Monday that if Johnson did not accept the lower
punitive damages, she would order a new trial for Monsanto.
Johnson's lawyers said in a statement Monday that the "reduction in punitive
damages was unwarranted" and that his legal team, Baum Hedlund and the
Miller Firm, was "weighing the options".
They added, "The evidence presented to this jury was, quite frankly,
overwhelming . Today is a triumph for our legal system. We care deeply for
Lee and his family, and we are excited to share this important win with them
and all those who supported this case."
Bayer said in a statement that the reduction in damages was a "step in the
right direction", but that the company planned to file another appeal of the
verdict.
The August verdict was a major victory for campaigners who have long fought
Roundup, the most widely used herbicide in the world. Studies have
repeatedly linked the glyphosate chemical, sold under the Roundup and Ranger
Pro brands, to non-Hodgkin lymphoma (NHL), a type of blood cancer. In 2015,
the International Agency for Research on Cancer ruled to classify glyphosate
as a probable human carcinogen.
Johnson's lawyers further argued that internal Monsanto emails uncovered in
the litigation suggested that the corporation has repeatedly worked to
stifle critical research over the years while "ghost-writing" scientific
reports favorable to glyphosate.
Thousands of plaintiffs across the country have made similar legal claims,
alleging that glyphosate exposure caused their cancer or resulted in the
deaths of their loved ones.
Monsanto and Bayer have repeatedly insisted that glyphosate is safe to use
and does not cause cancer.
Last week, four jury members spoke to the Guardian about the judge
questioning their unanimous decision, urging her to allow the verdict to
stand.
In a recent interview, Johnson told the Guardian that he wanted to see his
case have a long-term impact, including new restrictions and labeling for
the herbicide.
"I hope [Monsanto] gets the message that people in America and across the
world are not ignorant. They have already done their own research," he said,
adding: "I'm hoping that it snowballs and people really get the picture and
they start to make decisions about what they eat, what they spray in their
farms."
Johnson could have months to live and is not expected to survive beyond two
years.
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