Monsanto was Just Fined $289 Million by San Francisco Jury for Failing to Warn of Known Cancer Risk

[dynamo]

August 10, 2018

38728

Alex Pietrowski (http://www.wakingtimes.com/category/contributors/alex-pietrowski/), Staff Writer
Waking Times (https://www.wakingtimes.com/2018/08/10/monsanto-was-just-fined-289-million-by-san-francisco-jury-for-failing-to-warn-of-known-cancer-risk/)
In an incredible victory for plaintiff Dwayne Johnson, a San Francisco jury just found agrochemical and seed giant Monsanto (http://www.wakingtimes.com/2016/03/24/5-pieces-of-monsantos-corporate-history-were-not-supposed-to-think-about/) guilty of failing to adequately warn that it’s products Roundup and Ranger may cause cancer when used in a reasonable and expectable manner.
From 2012 to 2015 Johnson was a school groundskeeper for the Benicia unified school district in California where he regularly applied Monsanto’s herbicide Roundup to the property. In 2014 he was diagnosed with non-Hodgkin lymphoma (NHL), and claimed that Monsanto knowingly hid the carcinogenic effects of the product from consumers.


“Johnson said he took meticulous care at work, following product label instructions and wearing protective gear while spraying weed-killer. There is nothing on Roundup or RangerPro labels warning of a cancer risk (https://phys.org/tags/cancer+risk/), something that the lawsuit charges was so negligent it amounted to Monsanto putting profit over people’s health.

Johnson twice was drenched with RangerPro when spraying gear malfunctioned. Attorney Brent Wisner argued in court that chemicals in the mix enabled glyphosate to penetrate Johnson’s protective suit and soak his skin, causing or exacerbating the cancer.” [Source (https://phys.org/news/2018-08-dying-groundskeeper-chemical-giant-monsanto.html)]
In May of 2018, The Guardian reported on the case, noting:
“The lawsuits challenge Monsanto’s position that its herbicides are proven safe (https://www.theguardian.com/commentisfree/2018/mar/05/monsanto-pesticides-roundup-court) and assert that the company has known about the dangers and hidden them from regulators and the public. The litigants cite an assortment of research studies indicating that the active ingredient in Monsanto’s herbicides, a chemical called glyphosate, can lead to NHL and other ailments. They also cite research showing (https://www.theguardian.com/us-news/2018/may/08/weedkiller-tests-monsanto-health-dangers-active-ingredient) glyphosate formulations in its commercial-end products are more toxic than glyphosate alone. The International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen (http://monographs.iarc.fr/ENG/Monographs/vol112/mono112-10.pdf) in 2015.

…He was healthy and active before he got the cancer diagnosis in August 2014. In a January deposition, Johnson’s treating physician testified (https://usrtk.org/wp-content/uploads/2016/09/Plaintiffs-evidence-doctors-discussion-of-life-expectancy.pdf) that more than 80% of his body was covered by lesions, and that he probably had but a few months to live. ” ~The Guardian (https://www.theguardian.com/business/2018/may/22/monsanto-trial-cancer-weedkiller-roundup-dewayne-johnson)


Today, August 10th, 2018, the San Francisco jury awarded Johnson $289.2 million dollars in economic and non-economic damages, which is a landmark decision for thousands of others who are suing Monsanto for the same reasons. As reported by journalist Catherine Frompovich:
The Media Relations personnel of the law firm of Baum, Hedlund, Aristei & Goldman, PC emailed me at 6:20 PM Friday, August 10th, the verdict rendered by the jury in the 8-week trial whereby “the jury found unanimously that Monsanto’s glyphosate-based Roundup weed killer caused Mr. Johnson to develop NHL, and that Monsanto failed to warn of this severe health hazard. Importantly, the jury also found that Monsanto acted with malice, oppression or fraud and should be punished for its conduct.” [Source (https://www.activistpost.com/2018/08/monsanto-taken-to-the-cleaners-in-jury-verdict-dwayne-johnson-v-monsanto.html)]

The case has revealed a number of Monsanto internal documents which demonstrate that the corporation was aware of both insufficient research into the link between glyphosate (Roundup) and cancer, and that it also knew the link was likely provable. As noted by Frompovich, attorneys for the plaintiff’s law firm, Baum, Hedlund, Aristei & Goldman, PC, were able to prove intentional malice in the case:
“Many of these confidential Monsanto documents were unsealed for the first time,” said co-lead counsel David Dickens. “They show that Monsanto knew that its testing was insufficient and that there was a synergistic effect when glyphosate is combined with surfactants which help the glyphosate penetrate both plant and animal cell walls.” [Source (https://www.activistpost.com/2018/08/monsanto-taken-to-the-cleaners-in-jury-verdict-dwayne-johnson-v-monsanto.html)]
This case will certainly prove influential in the future as more plaintiff’s sue Monsanto for covering up the fact that their products kill people.
The judge’s reading of the verdict along with Johnson reaction can be seen below:



http://www.youtube.com/watch?v=um00x2ElTWs
About the Author

Alex Pietrowski (http://www.wakingtimes.com/category/contributors/alex-pietrowski/) is an artist and writer concerned with preserving good health and the basic freedom to enjoy a healthy lifestyle. He is a staff writer for WakingTimes.com. (http://www.wakingtimes.com/) Alex is an avid student of Yoga and life.
This article (Monsanto was Just Fined $289 Million by San Francisco Jury for Failing to Warn of Known Cancer Risk (https://www.wakingtimes.com/2018/08/10/monsanto-was-just-fined-289-million-by-san-francisco-jury-for-failing-to-warn-of-known-cancer-risk/)) originally created and published by Waking Times (http://www.wakingtimes.com/)and is published here under a Creative Commons (http://creativecommons.org/licenses/by/4.0/)license with attribution to Alex Pietrowski (http://www.wakingtimes.com/category/contributors/alex-pietrowski/) and WakingTimes.com (http://www.wakingtimes.com/).

[Tyy1907]

I wonder where these funds are actually going.

[ThePythonicCow]

This resolution of the case of Monsanto versus Dwayne Johnson continues earlier discussions of the case in two other threads:

Monsanto And Its Lethally Toxic Trails -- Post #29 (http://projectavalon.net/forum4/showthread.php?72480-Monsanto-And-Its-Lethally-Toxic-Trails&p=1241175&viewfull=1#post1241175)
Monsanto Losing Grounds -- Post #66 (http://projectavalon.net/forum4/showthread.php?72183-Monsanto-Losing-Grounds&p=1241176&viewfull=1#post1241176)

===

On a separate note, here's another report of this jury decision, from the BBC: Monsanto ordered to pay $289m damages in Roundup cancer trial (https://www.bbc.com/news/world-us-canada-45152546).

~~~~~~~~~~~~~~~

Monsanto ordered to pay $289m damages in Roundup cancer trial

BBC - 11 August 2018

Chemical giant Monsanto has been ordered to pay $289m (£226m) damages to a man who claimed herbicides containing glyphosate had caused his cancer.

In a landmark case, a Californian jury found that Monsanto knew its Roundup and RangerPro weedkillers were dangerous and failed to warn consumers.

It's the first lawsuit to go to trial alleging a glyphosate link to cancer.

Monsanto denies that glyphosate causes cancer and says it intends to appeal against the ruling.

"The jury got it wrong," vice-president Scott Partridge said outside the courthouse in San Francisco.

The claimant in the case, groundskeeper Dewayne Johnson, is among more than 5,000 similar plaintiffs across the US.

Correspondents say the California ruling is likely to lead to hundreds of other claims against Monsanto, which was recently bought by the German conglomerate Bayer AG.

Mr Johnson was diagnosed with non-Hodgkin's lymphoma in 2014. His lawyers said he regularly used a form of RangerPro while working at a school in Benicia, California.
~~~~~~~~~~~~~~~

[Caliban]

When do we wipe this corporation from the face of the earth, oh angels of mercy

[ThePythonicCow]

Notice who Dewayne Johnson's legal team includes: Robert F Kennedy, Jr.

Another report of this verdict, from Erin Elizabeth's Health Nut News: ABC: Monsanto Ordered to pay $289 million in damages to man who gets terminal cancer from Monsanto’s Roundup, His lawyer RFK Jr Thrilled! (https://www.healthnutnews.com/abc-monsanto-ordered-to-pay-289-million-in-damages-to-man-who-gets-terminal-cancer-from-monsantos-roundup-rfk-jr-thrilled-his-lawyer-rfk-jr-thrilled/):

~~~~~~~~~~~~~~~~~~

Monsanto Ordered to pay $289 million in damages to man who gets terminal cancer from Monsanto’s Roundup, His lawyer RFK Jr Thrilled!

Posted by Erin Elizabeth | Aug 10, 2018

http://thepythoniccow.us/rfk_monsanto_IMG_3061-1.jpg
A San Francisco jury on Friday ordered agribusiness giant Monsanto to pay $289 million to a former school groundskeeper dying of cancer, saying the company’s popular Roundup weed killer contributed to his disease.

The lawsuit brought by Dewayne Johnson was the first to go to trial among hundreds filed in state and federal courts saying Roundup causes non-Hodgkin’s lymphoma, which Monsanto denies.

Jurors in state Superior Court agreed the product contributed to Johnson’s cancer and the company should have provided a label warning of the potential health hazard. Johnson’s attorneys sought and won $39 million in compensatory damages and $250 million of the $373 million they wanted in punitive damages.

“This jury found Monsanto acted with malice and oppression because they knew what they were doing was wrong and doing it with reckless disregard for human life,” said Robert F. Kennedy Jr., a member of Johnson’s legal team. “This should send a strong message to the boardroom of Monsanto.”

Monsanto has denied a link between the active ingredient in Roundup — glyphosate — and cancer, saying hundreds of studies have established that glyphosate is safe.

Johnson used Roundup and a similar product, Ranger Pro, as a pest control manager at a San Francisco Bay Area school district, his lawyers said. He sprayed large quantities from a 50-gallon tank attached to a truck, and during gusty winds, the product would cover his face, said Brent Wisner, one of his attorneys.

Once, when a hose broke, the weed killer soaked his entire body.

Johnson read the label and even contacted the company after developing a rash but was never warned it could cause cancer, Wisner said. He was diagnosed with non-Hodgkin’s lymphoma in 2014 at age 42.

“The simple fact is he is going to die. It’s just a matter of time,” Wisner told the jury in his opening statement last month.

But George Lombardi, an attorney for Monsanto, said non-Hodgkin’s lymphoma takes years to develop, so Johnson’s cancer must have started well before he began working at the school district.

The U.S. Environmental Protection Agency says Roundup’s active ingredient is safe for people when used in accordance with label directions.

However, the France-based International Agency for Research on Cancer, which is part of the World Health Organization, classified it as a “probable human carcinogen” in 2015. And California added glyphosate to its list of chemicals known to cause cancer.


~~~~~~~~~~~~~~~~~~

[Orph]

Monsanto Ordered to pay $289 million in damages to ...... His lawyer RFK Jr Thrilled!

The lawyers are always the winners in these cases.

[Satori]

I have little doubt that this case was prosecuted by Mr. Johnson's lawyers on a contingency fee basis, with the lawyers advancing all the costs and working these past years for no compensation. Costs in a case of this magnitude would be very substantial. Many ten of thousands, if not hundreds of thousands, of dollars.

The lawyers are not only, but rather also, the winners in a case like this if, and only if, the case is won, and the judgment is paid. The client wins too if the case is won--and the judgment is paid. Otherwise the lawyers take a big hit, as I doubt Mr. Johnson has the means to reimburse the lawyers for the costs they paid.

However, a jury verdict is not the end of the matter. There is still much work to be done by Mr. Johnson's lawyers. Monsanto will file post trial motions for a new trial and alternatively for a remititur, reduction, of the verdict. It will also appeal failing successful pre trial motions, or a post trial settlement.

Typically, but not always, during the post trial and appeal process cases like this settle for a reduced sum. The amount of which will be confidential.

It remains to be seen how this case will finally be resolved. Monsanto is not likely to simply pay the verdict. It will try very hard to posture this case to get a settlement for less than the verdict. Or, it may go for an appeal and try to get the verdict flipped. But if successful that may result in a new trial and much more work for Mr. Johnson and his lawyers.

My money is on the case settling post trial for an undisclosed amount.

[dynamo]

... Costs in a case of this magnitude would be very substantial. Many ten of thousands, if not hundreds of thousands, of dollars...
I would guess that the lawyer fees would be in the 10s of millions of dollars.
Heck, my lawyer charges $500 for answering the phone...then more $$ for actually saying something LOL!

[Caliban]

... Costs in a case of this magnitude would be very substantial. Many ten of thousands, if not hundreds of thousands, of dollars...
I would guess that the lawyer fees would be in the 10s of millions of dollars.
Heck, my lawyer charges $500 for answering the phone...then more $$ for actually saying something LOL!

Yeah, attorney fees are absurd. But in this case, I'm glad. RFK Jr., seems to have been consistently on "our" side, particularly in relation to environmental protection. He's also had the cojones to question the vaccine/autism issue. If he and his colleagues use (some of) that money to fuel another battle against that company, then it's money used in our favor. This could be the start of a real undermining of that arrogance and tyranny from our midst. Bring on the next cases...

[dynamo]

Yeah, attorney fees are absurd. But in this case, I'm glad. RFK Jr., seems to have been consistently on "our" side, particularly in relation to environmental protection. He's also had the cojones to question the vaccine/autism issue. If he and his colleagues use (some of) that money to fuel another battle against that company, then it's money used in our favor. This could be the start of a real undermining of that arrogance and tyranny from our midst. Bring on the next cases...
Agreed times 1000%, Caliban!

[ThePythonicCow]

My money is on the case settling post trial for an undisclosed amount.
What happens if Mr. Johnson dies while his case is still not resolved?

Would his lawyers likely have the option of continuing to pursue resolution, for the prospect of their own reimbursements and of payments to Mr. Johnson's estate ?

[Satori]

... Costs in a case of this magnitude would be very substantial. Many ten of thousands, if not hundreds of thousands, of dollars...
I would guess that the lawyer fees would be in the 10s of millions of dollars.
Heck, my lawyer charges $500 for answering the phone...then more $$ for actually saying something LOL!

There is a difference between "costs" and attorney fees. Costs are not attorney fees. They are expenses, fees and costs paid to third parties, other than the attorneys, such as experts, court reporters, jury fees, and photo copies etc... These costs are likely in the range I estimated.

If there was a contingency fee in this case, and I'd bet my bottom dollar there was, then the attorneys' fee is likely 33 1/3 to 40% of what Mr. Johnson ultimately recovers. And on top of that, Mr. Johnson will have to reimburse his attorneys for all "costs" they advanced.

But don't worry about Mr. Johnson, he will fare quite well at the end of the day, unless there is an appeal and the verdict is reversed for some reason.

In the final analysis, Monsanto will socialize its losses in this case by raising prices. Companies such as this privatize profits and socialize losses.

In New Mexico a jury recently awarded $176 million against Federal Express in a vehicle accident that resulted in the death of a mother and one child. The NM Supreme Court upheld the award. Look to your Federal Express fees being higher, which probably already happened.

[Satori]

My money is on the case settling post trial for an undisclosed amount.
What happens if Mr. Johnson dies while his case is still not resolved?

Would his lawyers likely have the option of continuing to pursue resolution, for the prospect of their own reimbursements and of payments to Mr. Johnson's estate ?

If Mr. Johnson dies a person will be appointed as personal representative of his estate and this person will be substituted for him in the lawsuit and can continue to pursue the case to its final conclusion. The proceeds will then be distributed to his estate and heirs according to state law and to some extent his will, if he has one. This happens all the time.

[dynamo]

... Costs in a case of this magnitude would be very substantial. Many ten of thousands, if not hundreds of thousands, of dollars...
I would guess that the lawyer fees would be in the 10s of millions of dollars.
Heck, my lawyer charges $500 for answering the phone...then more $$ for actually saying something LOL!

There is a difference between "costs" and attorney fees. Costs are not attorney fees. They are expenses, fees and costs paid to third parties, other than the attorneys, such as experts, court reporters, jury fees, and photo copies etc... These costs are likely in the range I estimated.

If there was a contingency fee in this case, and I'd bet my bottom dollar there was, then the attorneys' fee is likely 33 1/3 to 40% of what Mr. Johnson ultimately recovers. And on top of that, Mr. Johnson will have to reimburse his attorneys for all "costs" they advanced.

But don't worry about Mr. Johnson, he will fare quite well at the end of the day, unless there is an appeal and the verdict is reversed for some reason.

In the final analysis, Monsanto will socialize its losses in this case by raising prices. Companies such as this privatize profits and socialize losses.

In New Mexico a jury recently awarded $176 million against Federal Express in a vehicle accident that resulted in the death of a mother and one child. The NM Supreme Court upheld the award. Look to your Federal Express fees being higher, which probably already happened.
OOPS, my bad, thanks for clarifying, Satori!

[Satori]

I wonder where these funds are actually going.

The use of the word "fined" in the title of this thread is inaccurate if this was a jury verdict.

As a verdict the money will go to Johnson, his lawyers and to any third parties who have not been been paid what is due them. There will be some tax consequences to the extent the verdict is for lost wages and income for Johnson. The lawyers and other who receive taxable compensation will have tax consequences. Hence, the federal government and the state of California will get a piece of the pie.

[ThePythonicCow]

The proceeds will then be distributed to his estate and heirs according to state law and to some extent his will, if he has one. This happens all the time.
Ok - that makes sense.

Given that there's some decent quantity of money potentially involved, and some good lawyers already involved (who would be receiving some of that money), I would be surprised if there isn't a carefully prepared will, already in effect.

[shaberon]

In business terms, the sales resulting from not publishing a warning about Roundup probably exceed this or other potential suits by an enormously gross factor. Then again, "may cause cancer" could have little effect on people who are going to use the stuff.

To rid the scene of Monsanto, you'll have to take on Bayer, the actual owner for a year or so. Wasn't their first major success heroin?

[Pam]

I wonder where these funds are actually going. I have been thinking about all these fines. Shouldn't they go to those that have been damaged? I have a feeling they are just another form of revenue for the endless machine of government.

[Pam]

How do we know that the cancer was caused or exacerbated by glyphosates? If I was on the jury I would want definitive proof. I am not in any way defending Monsanto, just wondering how they know it was the Roundup and not a million other toxins we are regularly exposed to, or poor diet or genetic propensity or a combination of all?

The stronger part of the case is the attempt of Monsanto to defraud or hide information. That could be the linchpin.

I find it interesting that Roundup for commercial use has a different blend of herbicides, glyphosate being only one of them. That is also true for retail sales although supposedly not quite as toxic??? If you check the label you will never know what the other ingredients are as they don't list them. Glyphosate can take up to a month to kill a plant, I guess they wanted to add something to give quicker results...

Monsanto has been bought out by the Bayer corporation and I have read that they intend to change the name. I wonder why they would do that?

[Luke Holiday]

Hello I just have to chime in on this one after having read the incomparable Jon Rappoport's blog on this topic

A few things to note:

1. Mr Rappaport states there are over 5,000 Lawsuits pending against Monsanto and their Roundup product line. The aforementioned case could set a precendent that would judiciously annihilate this satanic corporation. (One can only hope :)

1. Monsanto reports that they will appeal and appellate courts cases are decided by appointed judges not juries.

2. Judges as single entities can more easily be comprimised.

3. The plaintiff will not receive a dime as Monsanto will win the appeal secondary to a corruptable legal system.

4. The primary reason you can predict Monsanto winning the appellate descision is that a loss would ultimately result in financial genocide.

Source is Jon Rappaport Nomorefakenews blog

[mountain_jim]

My local power company poisons our easement areas every few years, sprays next to the garden, across a stream, and brags about these 'proven safe and effective' products and always citing our (bought and paid for) government agencies as ensuring product safety for this.

https://www.epa.gov/ingredients-used-pesticide-products/glyphosate




•Glyphosate products can be safely used by following label directions. ◦Glyphosate has low toxicity for humans. ◾Protective eye wear is recommended for the few products that may cause eye irritation.
◾Entry into agricultural fields is allowed 12-hours after application of these products.

◦Glyphosate is no more than slightly toxic to birds and is practically nontoxic to fish, aquatic invertebrates, and honeybees. ◾Certain products contain an ingredient that is toxic to some fish.
◾Follow the label directions to protect fish and aquatic environments.


•Glyphosate and the related acid and salt compounds are currently undergoing registration review, a program that re-evaluates all pesticides on a 15-year cycle.

[norman]

My money is on the case settling post trial for an undisclosed amount.
What happens if Mr. Johnson dies while his case is still not resolved?

Would his lawyers likely have the option of continuing to pursue resolution, for the prospect of their own reimbursements and of payments to Mr. Johnson's estate ?

Multi tangential dynamics to this one. Bayer Stock Tanks. . . . . . allegedly.

http://www.greenmedinfo.com/blog/bayer-stock-crashes-after-monsanto-cancer-verdict-upheld-judge-analysts-estimates
Posted on:
Tuesday, October 23rd 2018 at 7:15 am
Written By:
Sayer Ji, Founder (http://www.greenmedinfo.com/gmi-blogs/sayer%20ji)

This article is copyrighted by GreenMedInfo LLC, 2018


Bayer Stock Crashes After Monsanto Cancer Verdict Upheld By Judge; Analyst Estimates $800 Billion In Future Liability

[Sophocles]

‘Completely safe’: Monsanto owner Bayer hit by new wave of lawsuits over Roundup weed killer (https://www.rt.com/business/443852-bayer-monsanto-weedkiller-lawsuits/)

Rt.com
Published time: 13 Nov, 2018 14:46

https://cdni.rt.com/files/2018.11/article/5beae1cfdda4c84f3f8b458b.jpg
© Global Look Press

German chemicals and pharmaceuticals giant Bayer disclosed that lawsuits from 9,300 plaintiffs were pending at the end of October. The lawsuits allege that the company’s recently acquired weed-killing product causes cancer.

Plaintiffs claim that Roundup weed killers, which Bayer acquired in its takeover of US agrochemical firm Monsanto, made them ill and that the company knew or should have known of the risks but failed to warn adequately.

Bayer rejected all the accusations, claiming there are hundreds of scientific studies and regulatory authorities that show glyphosate, the compound contained in the weed killers, is safe to use.

Glyphosate is the active ingredient in Monsanto’s Roundup, which is the most popular weed killer in the US.

“We continue to believe that we have meritorious defenses and intend to defend ourselves vigorously in all of these lawsuits,” said Bayer’s chief executive Werner Baumann.

He acknowledged, however, that “more lawsuits are to be expected.” There were 8,700 lawsuits against the company as of the end of August.

According to Baumann, “glyphosate is an indispensable chemical for modern agriculture that is safe to use, very effective and saves resources.” He explained: “When used appropriately, glyphosate is a completely safe and good product,” repeating “completely safe.”

The number of lawsuits against Monsanto has been surging lately and, according to expert estimates, could cost its new owner Bayer billions of dollars in damages in the coming years.

The surge in lawsuits followed the $289-million California court verdict when Monsanto was ordered to pay damages to a man who alleged its glyphosate-based weed killers, including Roundup, caused his cancer.

The US Environmental Protection Agency (EPA) maintains glyphosate is not likely to be carcinogenic. It had labeled glyphosate a carcinogen in 1985, but reversed the position in 1991. The World Health Organization’s cancer research agency classified glyphosate as “probably carcinogenic to humans” in 2015. California has listed glyphosate in its Proposition 65 registry of chemicals known to cause cancer.

Source (https://www.rt.com/business/443852-bayer-monsanto-weedkiller-lawsuits/)

[Seabreeze]

Don`t want to go to much into this. It is to scary for me. GMO is one of the biggest crimes going on. This is how I think. To destroy nature and and natural plants, out of patent und profit reasons, harming nature and all of us...not thinking about the dangers is one of the worst things going on.....

..Major Albert Stubblebine, who passed away in 2017, called it - Food as weapon"...it is in the net....

So now, not the rats are the experimental objects anymore...We are!!

https://i0.wp.com/thegoldenlightchannel.com/wp-content/uploads/2013/06/GMO-DAMAGE-Tumors-Rats-monsanto-scary.jpg

This are chemical companies...........producing food now. Check the history of them............