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Monday, April 6, 2020
The Monsanto Papers: Roundup (Glyphosate) Cancer Trials Key Documents & Analysis
(Scroll down to see trial schedule and see Trial Tracker for detailed updates)
Monsanto’s German owner Bayer AG has confirmed that more than 42,700 people have filed suit against Monsanto alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma, and that Monsanto covered up the risks. The current tally of plaintiffs is reportedly well more than 80,000 and perhaps as many as 100,000. As part of the discovery process, Monsanto has had to turn over millions of pages of its internal records. The Monsanto Papers and other court records are shared here.
COURT-ORDERED MEDIATION On April 4, 2019 U.S. District Judge Vince Chhabria ordered Bayer/Monsanto to enter into mediation with plaintiffs’ attorneys. As mediation continues, more than 2,470 lawsuits are pending in U.S. District Court in San Francisco and have been combined for handling as multidistrict litigation (MDL) under Chhabria.
There have been three trials to date, one in federal court and two in state courts. The federal trial was the case of Edwin Hardeman V. Monsanto. That trial was bifurcated at the request of Monsanto, limiting evidence jurors heard during a first phase to causation only. On March 19, 2019 a unanimous jury decision handed a first-round victory to Hardeman, as the six jury members found that Hardeman’s exposure to Roundup was a “substantial factor” in causing his non-Hodgkin lymphoma. On March 27, 2019 the jury returned a verdict of approximately $80 million, including punitive damages of $75 million. Judge Chhabria reduced the punitive damages awarded Hardeman to $20 million from $75 million, putting the total award at $25,313,383.02. Court/discovery documents are posted below for Edwin Hardeman V. Monsanto.
Click here for additional documents pertaining to combined MDL cases
Read internal Monsanto documents regarding the company’s ghostwriting of an important paper published in the year 2000, and how the company used that “independent” scientific literature to promote and defend its herbicides.
STATE COURT – Thousands of plaintiffs have made similar claims against Monsanto in state courts. The first trial in the Roundup litigation concluded on Aug. 10, 2018 with the jury ruling that Monsanto’s weedkiller was a substantial contributing factor in causing DeWayne “Lee” Johnson’s cancer, and ordering Monsanto to pay $289.25 million in damages, including $250 million in punitive damages. The judge reduced the punitive damages to $39 million in an order dated Oct. 22, 2018 which put the total verdict at approximately $78 million. Monsanto has appealed, seeking to throw out the judgment, while Johnson has cross appealed, seeking to reinstate the jury award. The appeal is filed in the California 1st District Court of Appeal, case number A155940.
The most recent trial was Pilliod V. Monsanto. On May 13, 2019, jurors returned a verdict awarding Alva and Alberta Pilliod $2 billion in punitive damages and $55 million in compensatory damages. The judge in the case then cut the total verdict to $86.7 million. Pilliod v. Monsanto was the first case in the California Roundup Judicial Council Coordination Proceedings (JCCP) and the third Roundup cancer case to proceed to trial. Monsanto appealed the verdict to the California 1st District Court of Appeal, case number A158228.
The Pilliods have filed a cross-appeal.
See details at this link.
Upcoming Trials: (On Feb. 7, 2020, Judge Chhabria ordered a delay in upcoming trial proceedings to allow for continued mediation. )
POSTPONED 01/15/2020 – Lake County Superior Court, Lakeport, Cal., Bellah v. Monsanto
POSTPONED 1/21/2020 – St. Louis City Court, St. Louis, Mo., Wade v Monsanto #1722-CC00370
POSTPONED 01/22/2020 – Alameda County Superior Court, Bargas v. Monsanto HG19026873
POSTPONED 01/17/2020 – Contra Costa Superior Court, Cal., Caballero v Monsanto MSC19-01821
POSTPONED 01/24/2020 – Riverside Superior Court, Cal., Cotton v Monsanto #RIC-1903180
POSTPONED 01/27/2020 – St. Louis County Court, Clayton, Mo., Gordon v Monsanto #17SL-CC02721
POSTPONED 02/24/2020 – U.S. District Court for the Northern District of California, San Francisco, Cal., Stevick v Monsanto
POSTPONED 04/13/2020 – St. Louis County Court, Clayton, Mo., Priest v Monsanto
04/27/2020 – St. Louis City Court, St. Louis, Mo., Seitz v Monsanto #1722-CC11325
05/13/2020 – St. Louis County Court, Clayton, Mo., Bognar v Monsanto
05/05/2020 – Marin County Superior Court, San Rafael, Cal,, Berliant v. Monsanto #CIV 1903556
06/29/2020 – St. Louis City Court, St. Louis, Mo., Kane v Monsanto
07/13/2020 – St. Louis County Court, Clayton, Mo., Whitaker v Monsanto
07/24/2020 – Riverside Superior Court, Cal., Cotton v Monsanto #RIC-1903180
08/03/2020 – St. Louis County Court, Clayton, Mo., Leung v Monsanto
09/01/2020 – St. Louis County Court, Clayton, Mo., Edwards v Monsanto
10/05/2020 – St. Louis City Court, St. Louis, Mo., Neal v Monsanto
10/05/2020 – St. Louis City Court, Clayton, Mo., Evans v Monsanto
11/02/2020 – St. Louis County Court, Clayton, Mo., Abildgaard v Monsanto
11/02/2020 – Jackson County Court, Kansas City, Mo., Hardy v Monsanto
01/11/2021 – St. Louis County Court, Clayton, Mo., Mize v Monsanto
02/01/2021 – St. Louis City Court, Clayton, Mo., Coats v Monsanto
02/08/2021 – Jackson County Court, Kansas City, Mo., Bradford v Monsanto
03/01/2021 – St. Louis County Court, Clayton, Mo, Jorgensen v Monsanto
03/01/2021 – St. Louis County Court, Clayton, Mo, Berry v Monsanto
04/05/2021 – St. Louis County Court, Clayton, Mo., Salsman v Monsanto
05/03/2021 – Jackson County, Kansas City, Mo., Gutierrez v Monsanto
05/10/2021 – St. Louis County Court, Clayton, Mo., Chaplick v. Monsanto Case No. 19SL-CC04115 See background.
07/12/2021 – St. Louis County Court, Clayton, Mo., Moore v Monsanto
08/02/2021 – St. Louis County Court, Clayton, Mo., Davis v Monsanto
08/09/2021 – Jackson County, Kansas City, Mo., Steffens v Monsanto
10/04/2021 – St. Louis County Court, Clayton, Mo., Amm v Monsanto
10/25/2021 – Jackson County, Kansas City, Mo., Marler v Monsanto
ON APPEAL: DeWayne Johnson v. Monsanto: San Francisco County Superior Court /California State Court of Appeals
Details here on the Judicial Council Coordination Proceeding (JCCP): Alameda County Superior Court
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