A US jury has found weed killer manufacturer, Monsanto, liable for causing a man’s terminal cancer, awarding him $289m in damages.
About the Case
Johnson, 46, has three children and worked as a groundskeeper and pest manager for the school district in Benicia, San Francisco, from 2012. In his testimony, Johnson stated that the position involved spraying herbicide to control weeds on the school grounds, sometimes for several hours a day.
The court also heard that when using the product in windy conditions, it would come in contact with his face. On one occasion, he was left soaked in the weed killer.
Mr Johnson argued that his Non-Hodgkin Lymphoma (NHL), a blood cell cancer, was caused due to his exposure to the chemicals and described his pain and suffering as skin lesions took over his body.
The herbicide is approved for use on over 100 crops and is registered in 130 countries. However, in 2015, the World Health Organisation’s International agency for research on cancer (IARC) classified glyphosate as ‘probably carcinogenic to humans’ causing a surge of legal and legislative challenges.
During the course of a month-long trial, Johnson’s lawyers argued that Monsanto had ‘fought science’ for years and had targeted academics who spoke up about the possible health risks of herbicide products.
Johnson’s attorneys also showed the jury internal emails from Monsanto executives which they argued demonstrated how the company repeatedly ignored experts’ warnings, sought favourable scientific analysis and helped to ‘ghost-write’ research that encouraged the continued usage of herbicides.
Significantly, the judge allowed Johnson’s team to present scientific arguments. The case particularly focused on glyphosate; the world’s most used herbicide.
A $289m Ruling
In the ground-breaking ruling, which Monsanto have said they intend to appeal, the jury found the company to have committed ‘negligent failure’, and either knew or should have known that its products were ‘dangerous’. In a statement, Johnson’s lawyer, Brent Wisner, said that the verdict “sent a message to Monsanto that its years of deception regarding Roundup are over and that they should put consumer safety first over profits”.
Monsanto argues that Roundup is safe and not linked to cancer. During the trial, they presented studies that countered the research put forward by Johnson’s legal team and after the trial, Scott Partridge, the Vice-president of Monsanto, stated that the “verdict doesn’t change the four-plus decades of safe use and science behind the product”.
When talking about the IARC’s research, Partridge said: “[it] has been demonstrated as having been corrupted” and that the organisation does “no testing, they do no analysis, they have no laboratories, they simple render opinion”.
When on the BBC Radio 4’s Today show on Saturday, Partridge said that the internal company emails, which were used by Johnson’s lawyers as key evidence, had been “taken completely out of context”.
Johnson has said that the jury’s verdict is far bigger than just his lawsuit; he hopes the case pushes the thousands of similar lawsuits currently pending against the company, bringing national attention to the issue.
According to Johnson’s lawyers, he may just have months to live. His wife has been working two jobs, sometimes 14 hour days to pay for his medical bills. The financial award included in the $289m damages extends to past and future economic loses and punitive damages.
This could just be the beginning for successful lawsuits against Monsanto as another one starts in the fall. According to Johnson’s legal team, the manufacturer is facing more than 4,000 similar cases across the UK alone.
In another hit to the company, businesses are reconsidering stocking the weed killer. Homebase announced they are looking into reviewing the sale of Roundup and Ranger Pro.
Think You May Have a Personal Injury Case?
We are happy to speak to you if you think your health has been adversely affected following exposure to weed killer, or you have suffered any other form of injury that wasn’t your fault.
Please contact our experienced team of personal injury solicitors for free expert advice with no obligation.
