Monsanto Loses Cancer Liability Lawsuit in Roundup Appeal

Monsanto Loses Cancer Liability Lawsuit in Roundup Appeal

A California appellate court announced that Monsanto Co. has been found liable for a former school groundskeeper’s cancer. This was the first lawsuit regard Roundup’s link to cancer to go to trial.

Dewayne “Lee” Johnson, the plaintiff, was awarded $20.6 million in compensatory damages. Johnson’s counsel stated that they are considering challenging the state high court “a deep flaw” in state tort law that does not allow a plaintiff to recover for a shortened life expectancy.

Bayer AG, which acquired Monsanto for $63 billion, said in a statement the jury’s verdict and damage awards are inconsistent with the evidence and the law, and the company is considering appealing to the California Supreme Court.

At the Court of Appeal, Monsanto challenged the trial court’s findings on several legal fronts and argued that the entire verdict must be thrown out because Johnson’s claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act.

“Monsanto cannot avoid liability ‘merely because its failure to warn of a known or reasonably scientifically knowable risk conformed to an industry-wide practice of failing to provide warnings that constituted the standard of reasonable care,’ nor can it avoid liability simply because its own testing showed a result contrary to that of others in the scientific community.”

The panel rejected Monsanto’s claims that Johnson failed to prove his cancer was caused by Roundup. Also, the courts said Monsanto’s preemption arguments are foreclosed by the 2005 U.S. Supreme Court ruling Bates v. Dow Agrosciences, which held that such claims are preempted if the state labeling statutes and federal misbranding rules do not conflict.

In June, Bayer announced that it had reached a $10.9 billion settlement that would end about 75% of the current Roundup litigation, including 95% of the Roundup cases that are currently set for trial. The proposed settlement is subject to court appeal and does not include the three cases that have already been tried.

Share

Litigation Updates

Roundup Lawsuit Update May 2022

May 20, 2022

May 20, 2022

Roundup Lawsuit Update May 2022

Bayer Reaches $2 Billion for Future Roundup Claims

February 3, 2021

February 3, 2021

Bayer Reaches $2 Billion for Future Roundup Claims

Bayer Allocates $2 Billion To Settle Future Roundup Cancer Claims

November 3, 2020

November 3, 2020

Bayer Allocates $2 Billion To Settle Future Roundup Cancer Claims

Monsanto Loses Cancer Liability Lawsuit in Roundup Appeal

September 20, 2020

September 20, 2020

Monsanto Loses Cancer Liability Lawsuit in Roundup Appeal

Judge Casts Doubt Over Settlement of Roundup Cancer Claims

July 7, 2020

July 7, 2020

Judge Casts Doubt Over Settlement of Roundup Cancer Claims

Jury Finds Monsanto Liable in Man’s Cancer, Awards $80 Million in Damages

March 27, 2019

March 27, 2019

Jury Finds Monsanto Liable in Man’s Cancer, Awards $80 Million in Damages

CLIENT REVIEWS

quotation
Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

quotation
Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

quotation
Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

quotation
Jordan Butler

I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!

quotation
Maddy Moeller

Top-notch, hardworking attorneys!

quotation
Karen Hersman

A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!

quotation
Angel Truesdale

They contacted me the next day. Very nice people!

quotation
Paul Graegin

The firm went above and beyond. Thank you for everything.

THANK YOU FOR YOUR MESSAGE

One of our associates will follow up with you shortly