He cited a “lack” of “settlement-related experiences” with Bayer and he requested that Judge Chhabria advance several of Diamond’s cases forward for trials. Moreover, the plaintiffs’ attorneys showed jurors a trove of internal Monsanto communications and other records that they said displayed the company’s manipulation of scientific literature, including ghostwriting several papers published in scientific journals. In separate appellate action related to the Roundup litigation, last week lawyers for Alva and Alberta Pilliod filed a brief asking the California appeals court to order damages awards for the married couple totaling $575 million. 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. While Monsanto has maintained that the weight of scientific evidence shows no causal connection between non-Hodgkin lymphoma and its glyphosate herbicides, lawyers for the Pilliods presented scientific evidence during the trial that does show a cancer link.
A trial set to start next week over claims that Monsanto’s Roundup weed killers cause cancer has been postponed until at least next year, according to a judge’s ruling on Friday.
More than 100 other farmers have made similar legal claims. Bayer would get to appoint two of the five panel members. Additionally, even though there were no restrictions in place pertaining to the introduction of plaintiff Hardeman to the jury, the judge took issue with Wagstaff’s manner of introduction and description of how he came to learn he had non-Hodgkin lymphoma. Lawyers for the Pilliods have filed a list of exhibits they plan to present at trial that runs more than 280 pages. Opening statements were initially expected Jan. 24, but were postponed to allow for lawyers for Monsanto’s German owner Bayer AG and lawyers for the plaintiffs to discuss settlement terms.
9:30 a.m. “What we’re left with is an expression of concern that no one will read and a blatant misrepresentation that this was somehow an ‘independent’ endeavor. In addition, the Weitz & Luxenberg firm from New York and Mike Miller’s firm recently reached what they thought were agreements on terms. She recently suffered a setback with a diagnosis of myelodysplastic syndrome (MDS). Notably, Gordon’s lawyers planned to put former Monsanto CEO Hugh Grant on the stand. Bayer has reached important settlements with several of the leading law firms who collectively represent a significant share of the claims brought against Monsanto. Bellah would likely be the first case of a child with cancer to challenge Monsanto before a jury. @Bayer Monsanto lawyer says yes. The Johnson argument goes into great detail about evidence obtained through discovery, including internal Monsanto emails in which company scientists discussed ghostwriting scientific literature, Monsanto worries about how to counter building evidence of genotoxicity with its herbicides, the company’s failure to do carcinogenicity testing of its formulations, Monsanto’s cultivation of friendly officials within the Environmental Agency (EPA) for backing, and the company’s secret payments to front groups like the American Council on Science and Health (ACSH) to promote the safety of Monsanto’s herbicides. The four plaintiffs who have already had trials against Monsanto were all adults diagnosed with non-Hodgkin lymphoma, and all were victorious. The company also sided with Monsanto on the issue of punitive damages, arguing that companies should not be subject to punitive damages if their product has been reviewed by a regulatory agency such as the Environmental Protection Agency (EPA) and found to not pose a risk to human health.
Numbers of $8 billion-$10 billion have been floated for weeks by litigation sources as a potential settlement total for the mass of cases that has dogged Bayer ever since it bought Monsanto in June of 2018 for $63 billion. But because Grant resides in St. Louis County, plaintiffs’ attorneys saw an opportunity to get him on the stand in person. But those assurances proved false amid widespread complaints of dicamba drift damage. Both sides in the Johnson appeal are awaiting the scheduling of oral arguments, which are expected within the next couple of months. See Monsanto’s argument here. 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. Chhabria has ruled that there will be a first phase of the trial in which evidence will be limited to causation. Monsanto appealed the verdict and Johnson cross-appealed, seeking reinstatement of the full $289 million. Her case, like that of the thousands of others filed around the United States, alleges use of Monsanto’s glyphosate-based herbicides caused her to develop non-Hodgkin lymphoma. But when it comes to whether glyphosate caused a plaintiff’s NHL, these issues are mostly a distraction, and a significant one at that,” the judge’s order states. “This latest update only adds to the case for the Monsanto deal being one of the worst in corporate history.”. aim to set standards that not only align with the norms of our industries, but push all of us to be Miller has been a high-profile hold-out in the settlement talks with Bayer as several other lead plaintiffs’ attorneys have already signed on to a deal with the German pharmaceutical giant. Plainitiff Edwin Hardeman suffers from B-cell non-Hodgkin lymphoma, which was diagnosed in February 2015, one month before the International Agency for Research on Cancer (IARC) classified glyphosate, a key ingredient in Monsanto’s Roundup and other herbicide brands, as a “probable human carcinogen. The judge admonished the jurors that if they pondered that question on their day off they should not seek out information about the safety of Roundup or read news articles or scientific studies about the matter. In Missouri, where most of the state court Roundup cases are based, all in-person court proceedings (with a few exceptions) are suspended through April 17, according to a Missouri Supreme Court order.
More than one million acres of crops not genetically engineered to tolerate dicamba were reported damaged last year in 18 states, the federal court noted in its June ruling. That Aug. 31, 2018 email states: “We note that, despite requests for full disclosure, the original Acknowledgements and Declaration of Interest statements did not fully represent the involvement of Monsanto or its employees or contractors in the authorship of the articles. And another newly released email details how Monsanto’s fingerprints were on at least two other Kelland stories. One of the parties filing a brief supporting Monsanto’s position is Genentech Inc., a San Francisco biotech company with a history of doing research for cancer treatments. We are ready on whatever day the trial does commence.”. And last summer plaintiff Dewayne “Lee” Johnson was awarded $289 million by a jury in state court, though the judge in that case lowered the damages to $78 million. Chhabria set a May 22 hearing to discuss the next steps for the MDL cases. Chhabria has agreed – over Monsanto’s objections – to allow Hardeman’s attorneys to proceed in the second phase with a “design defect” argument, though with several caveats. The jury found that Monsanto has spent years covering up evidence that its herbicide causes cancer. And that is where things will really start to get interesting. Imposing a one-sided procedural hurdle—one that would be a de facto outlier for the 10,000 cases proceeding around the country—does not accomplish that goal. “The evidence demonstrates Monsanto was far more interested in protecting its bottom line or Roundup’s continued sales than making sure the product was safe. But Pilliod attorney Brent Wisner told jurors there was ample evidence of cancer concerns and rather than warn customers of the risks, the company engaged in 45 years of deceptive tactics that manipulated the scientific record about the dangers of its products. Johnson has outlived those predictions, though his health continues to decline. Two trials that had been set to start in St. Louis in August and September have been delayed. Just as Monsanto and Bayer have been confronted with damning internal documents in losing three trials over claims Monsanto’s glyphosate-based herbicides cause cancer, there are many internal corporate documents discovered in the dicamba litigation that helped convince the jury of the company’s guilt, according to Bader Farms attorney Bill Randles. The comments come as pressure is mounting on Bayer management as roughly 11,000 people are suing Monsanto alleging glyphosate-based herbicides such as Roundup cause non-Hodgkin lymphoma, and Monsanto has hidden the risks and manipulated the scientific record. Pilliod: No. They singled out attorneys Brent Wisner and Michael Baum for criticism, citing various actions. In a “petition for rehearing” filed Monday with the Court of Appeal for the First Appellate District of California, lawyers for Monsanto and its German owner Bayer AG asked the court to cut from $20.5 million to $16.5 million the damages awarded to Dewayne “Lee” Johnson. Monsanto filed a motion for a directed verdict on Tuesday, arguing that Hardeman has presented “insufficient general causation evidence,” and specifically attacked the credibility of pathologist Dennis Weisenburger, one of Hardeman’s expert witnesses. The appellate decision could be pivotal. The study authors, top scientists who the Environmental Protection Agency has used as advisers, said the evidence “supports a compelling link” between exposures to glyphosate-based herbicides and increased risk for NHL. But reporters must be diligent in presenting facts, not corporate propaganda. Monsanto issued a press release touting the breadth and importance of the findings of the paper but did not mention the involvement of its own scientists. Subscribe to our newsletter for breaking news from the Right to Know investigations, the best public health journalism and more news for our health. Johnson, who plans to restart immunotherapy after his surgery, is not necessarily in agreement.
“These are very strong cases,” said lawyer Aimee Wagstaff, who represents Gordon. There is no apparent evidence Chhabria ever represented Monsanto’s interests directly. Internal Monsanto records show a coordinated effort to get the Seralini paper retracted, including this email string. Now, it is off indefinitely. Johnson’s attorneys had hoped the California Court of Appeal would hold oral arguments in Monsanto’s appeal of Johnson’s win sometime in April.
The Court of Appeal for the First Appellate District of California also rejected the company’s request for a rehearing of the matter. The plan concocted by Bayer and a small group of lawyers was filed last month in U.S. District Court for the Northern District of California as part of a effort by Bayer to put an end to sweeping litigation that has so far led to three losses in three jury trials, staggering punitive damage awards and shareholder discontent. And lawyers for Bayer have been busily filing their answers to the lawsuits. If Monsanto loses its bid for a new trial in the Hardeman case the company is expected to file an appeal with the Ninth Circuit Court of Appeals in a process that would likely drag into next spring, attorneys involved in the litigation said. The back and forth battling over where and when the Winston trial may or may not take place has been ongoing for more than a year.
Plaintiffs Alva and Alberta Pilliod, a married couple in their 70s who both have non-Hodgkin lymphoma, claim that Monsanto should be held liable for their illnesses because scientific evidence shows Monsanto’s herbicides can cause cancer and because Monsanto failed to properly warn of the risks. The company already has one loss from last summer’s jury verdict in favor of a dying California groundskeeper.
Genentech announced earlier this year a fast-track review from the Food and Drug Administration for a drug treatment for people with non-Hodgkin lymphoma.
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