SAN FRANCISCO, Aug 11, 2018 (BSS/AFP) – A California jury ordered chemical
giant Monsanto to pay nearly $290 million Friday for failing to warn a dying
groundskeeper that its weed killer Roundup might cause cancer.
Jurors unanimously found that Monsanto — which vowed to appeal — acted
with “malice” and that its weed killers Roundup and the professional grade
version RangerPro contributed “substantially” to Dewayne Johnson’s terminal
illness.
Following eight weeks of trial proceedings, the San Francisco jury ordered
Monsanto to pay $250 million in punitive damages along with compensatory
damages and other costs, bringing the total figure to nearly $290 million.
“The jury got it wrong,” the company’s vice president Scott Partridge told
reporters outside the courthouse.
Johnson, a California groundskeeper diagnosed in 2014 with non-Hodgkin’s
lymphoma — a cancer that affects white blood cells — says he repeatedly
used a professional form of Roundup while working at a school in Benicia,
California.
“I want to thank everybody on the jury from the bottom of my heart,”
Johnson, 46, said during a press conference after the verdict.
“I am glad to be here; the cause is way bigger than me. Hopefully this
thing will get the attention it needs.”
Johnson, who appeared to be fighting back sobs while the verdict was read,
wept openly, as did some jurors, when he met with the panel afterward.
The lawsuit built on 2015 findings by the International Agency for
Research on Cancer, part of the UN World Health Organization, which
classified Roundup’s main ingredient glyphosate as a probable carcinogen,
causing the state of California to follow suit.
“We are sympathetic to Mr Johnson and his family,” Monsanto said in a
statement promising to appeal the ruling and “continue to vigorously defend
this product, which has a 40-year history of safe use and continues to be a
vital, effective and safe tool for farmers and others.”
But Johnson’s attorney Brent Wisner said the verdict “shows the evidence
is overwhelming” that the product poses danger.
“When you are right, it is really easy to win,” he said.
– More to come? –
Wisner called the ruling the “tip of the spear” of litigation likely to
come.
The lawsuit is the first to accuse the product of causing cancer, but
observers say a Monsanto defeat likely opens the door to thousands of other
claims against the company, which was recently acquired by Germany’s Bayer.
Robert F. Kennedy Jr — an environmental lawyer, son of the late US
senator and a member of Johnson’s legal team — hugged Johnson after the
verdict.
“The jury sent a message to the Monsanto boardroom that they have to
change the way they do business,” said Kennedy, who championed the case
publicly.
Partridge said outside the courthouse that Monsanto had no intention of
settling the slew of similar cases in the legal queue, saying if anything the
verdict would prompt the company to work harder to demonstrate the weed
killer is safe.
“It is the most widely used and most widely studied herbicide in the
world,” Partridge said. “The verdict today does not change the science.”
Johnson’s team expressed confidence in the verdict, saying the judge in
the case had kept out a mountain of more evidence backing their position.
“All the efforts by Monsanto to put their finger in the dike and hold back
the science; the science is now too persuasive,” Kennedy said, pointing to
“cascading” scientific evidence about the health dangers of Roundup.
“You not only see many people injured, you see the corruption of public
officials, the capture of agencies that are supposed to protect us from
pollution and the falsification of science,” Kennedy said.
“In many ways, American democracy and our justice system was on trial in
this case.”
– ‘Win for all of humanity’ –
Before jurors went to deliberate, Johnson’s attorney Brent Wisner asked
them to deliver a “day of reckoning” for Monsanto. “The science finally
caught up, where they couldn’t bury it anymore,” Wisner told the jury in
closing arguments.
Roundup is Monsanto’s leading product and glyphosate is reportedly the
world’s most commonly used weed killer.
“The Johnson v Monsanto verdict is a win for all of humanity and all life
on earth,” said Zen Honeycutt, founding executive director of non-profit
group Moms Across America.
“The majority of our illnesses and losses to soil quality, water, wildlife
and marine life are due to toxic chemicals, particularly Monsanto’s most
widely used glyphosate herbicides like Roundup and Ranger Pro.”
Despite its denials of any links between its products and ill health
effects, Monsanto has already suffered hits to its reputation in light of the
controversy.
Records unsealed earlier by a federal court lent credence to Johnson’s
claims — internal company emails with regulators suggested Monsanto had
ghostwritten research later attributed to academics.
Founded in 1901 in St Louis, Missouri, Monsanto began producing
agrochemicals in the 1940s. It was acquired by Bayer for more than $62
billion in June.
Monsanto was one of the companies that produced the defoliant “Agent
Orange” — which has been linked to cancer and other diseases — for use by
US forces in Vietnam.
The company denies responsibility for how the military used the product.
Monsanto launched Roundup in 1976 and soon thereafter began genetically
modifying plants, making some resistant to Roundup.