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Man vs. Monsanto: First Trial Over Roundup Cancer Claims Set to Begin
By Carey Gillam
Dewayne "Lee" Johnson has led what many might call an unremarkable life. The 46-year-old father and husband spent several years working as a school groundskeeper and spending free time teaching his two young sons to play football. But this week he takes center stage in a global debate over the safety of one of the world's most widely used pesticides as he takes Monsanto to court on claims that repeated exposure to the company's popular Roundup herbicide left him with terminal cancer.
San Francisco Superior Court Judge Suzanne Ramos Bolanos was assigned Monday to oversee the trial, and jury selection is tentatively expected to begin Thursday, June 21, with opening statements possible by June 27. The courtroom showdown could last three to four weeks, lawyers involved estimate, and will shine a spotlight on decades of scientific research and internal Monsanto documents that relate to the testing and marketing of Monsanto's flagship herbicide and the active ingredient, a chemical called glyphosate.
Though Johnson is the lone plaintiff in the lawsuit, his case is considered a bellwether for roughly 4,000 other plaintiffs also suing Monsanto over allegations that exposure to Roundup caused them or their loved ones to develop non-Hodgkin lymphoma (NHL). Another case is scheduled to go to trial in October in St. Louis, Missouri.
The lawsuits, which have been piling up in court dockets around the U.S., not only challenge Monsanto's position that its widely used herbicides are proven safe, but they also assert that the company has intentionally suppressed evidence of the risks of its weed killing products, misleading both regulators and consumers in a dangerous deception.
The litigation, proceeding both in federal and state courts, began after the International Agency for Research on Cancer (IARC) classified glyphosate—the active ingredient in Roundup—as a probable human carcinogen in March 2015. The IARC classification was based on years of published, peer-reviewed scientific studies analyzing glyphosate and glyphosate-based herbicides.
Monsanto and allies in the agrochemical industry have blasted the litigation and the IARC classification as lacking in validity, countering that decades of safety studies prove that glyphosate does not cause cancer when used as designed. Monsanto has cited findings by the U.S. Environmental Protection Agency (EPA) and other regulatory authorities as backing its defense. The company can also point to an EPA draft risk assessment of glyphosate on its side, which concluded that glyphosate is not likely carcinogenic.
"Glyphosate-based herbicides are supported by one of the most extensive worldwide human health and environmental effects databases ever compiled for a pesticide product," Monsanto states on its website. "Comprehensive toxicological and environmental fate studies conducted over the last 40 years have time and again demonstrated the strong safety profile of this widely used herbicide."
Glyphosate represents billions of dollars in annual revenues for Monsanto, which became a subsidiary of German-based Bayer AG on June 8, and several other companies selling glyphosate-based herbicides. Monsanto brought the pesticide to market in 1974 and the weed killer has been used prominently for decades by farmers in food production and by municipalities to eradicate weeds in public parks and playgrounds, and by homeowners on residential lawns.
Monsanto had sought to delay the Johnson case, just as it has sought to delay and/or dismiss the others brought against it. But the trial was expedited because he is not expected to live much longer after being diagnosed in 2014 with a form of non-Hodgkin lymphoma called mycosis fungoides.
A Death Sentence
According to court records, Johnson worked as a groundskeeper for the Benicia Unified School District for many years and applied multiple treatments of Monsanto's herbicides to the San Francisco-area school properties from 2012 until at least late 2015, including after he was diagnosed with cancer in August 2014. His job entailed mixing and spraying hundreds of gallons of glyphosate-based herbicides around school properties. He used various Roundup products, but mostly Roundup PRO, a highly concentrated version of the weed killer. After developing a skin rash in the summer of 2014 he reported to doctors that it seemed to worsen after he sprayed the herbicide. In August of that year he was diagnosed with a type of lymphoma but continued his work until 2015 when he underwent several rounds of chemotherapy only to learn in September 2015 that he likely had but 18 months to live.
In a deposition taken in January of this year, Johnson's treating physician testified that more than 80 percent of his body was covered by lesions and his diagnosis continued to be terminal. Still, Johnson has improved since starting a new drug treatment and plans to attend some of the trial if possible, his attorneys said.
Johnson has not led an unblemished life; Monsanto uncovered an aggravated assault charge against him from the early 1990s, along with a misdemeanor weapons charge and a domestic abuse complaint against the mother of his oldest child. The company elicited deposition testimony from Johnson that he failed tests for pesticide applicators three times, and sprayed the pesticide without a certified applicator license. Johnson wore proper protective gear over his clothing but was accidentally drenched in the pesticide at least once when mixing it.
Lesions on Lee Johnson's hand. Lee Johnson
Monsanto's lawyers will argue other factors could be to blame for Johnson's cancer, and that its weed killer played no role.
Johnson's attorneys have shrugged off any issues regarding Johnson's personal behavior or other potential causes for his disease, and say in court filings they will offer evidence at trial that Monsanto "for decades, engaged in a shocking degree of scientific fraud and manipulation of the scientific literature with respect to Roundup" to cover up the evidence that it does cause cancer.
The trial evidence will include information that Monsanto ghostwrote articles relied on by the EPA, IARC and California's environmental regulators; rewarded employees for ghostwriting; and actively suppressed the publication of information that revealed the harm associated with glyphosate and Roundup. Johnson's attorneys say internal Monsanto documents show extensive "manipulation" of the scientific record, and clearly improper and fraudulent interactions with regulators.
Johnson's attorneys intend to call 10 current and former Monsanto employees to the stand.
"We're going to get them here. We have the goods," said Brent Wisner, who is one of three attorneys representing Johnson at trial. "If the evidence we have is allowed in, Monsanto is in trouble."
Lead Lawyer Out
Wisner was only brought in to help try to case within the last few weeks after lead attorney Mike Miller suffered a near-fatal accident while kite surfing and remains too severely injured to try the case. Wisner's role is key as he is set to deliver both the opening and closing statements for Johnson's case in Miller's absence.
Monsanto filed a motion on June 18 seeking to exclude Wisner from trying the case, however, claiming he has been acting as a "PR man," and lobbyist against glyphosate, particularly in Europe, where glyphosate has been under intense regulatory scrutiny. Monsanto also cited Wisner's release in August 2017 of hundreds of pages of internal Monsanto documents turned over in discovery that the company had wanted to keep sealed, a tactic that earned Wisner a rebuke from the judge in the federal multidistrict litigation pending against Monsanto. Monsanto's lawyers argue that the internal corporate communications have been intentionally presented out of context by Wisner and other plaintiff's attorneys to make it appear as though the company engaged in deceptive practices when it did not.
Wisner's activities put him in violation of a California "advocate-witness" rule, Monsanto contended in its filing.
In addition to trying to exclude the lawyer, Monsanto is seeking to exclude reams of evidence, including internal emails written by its scientists, arguments that it deceived the EPA, evidence of fraud committed by laboratories, and testimony from Johnson's expert witnesses.
Judge Bolanos will hear arguments on Wednesday regarding that motion and more than a dozen others regarding what evidence will and will not be allowed at trial.
Both sides say the case and the outcome are important in a larger sense. If the jury finds in favor of Johnson it could encourage additional litigation and damage claims some of the lawyers involved estimate could run into hundreds of millions of dollars. If the jury sides with Monsanto, other cases could be in jeopardy. Additionally, a victory for Monsanto in this first case could ease regulatory questions dogging the company.
Araceli Johnson, Lee Johnson's wife, and their two sons.Lee Johnson
As for Johnson, he will try to attend some of the trial, and will testify, but will not likely be there for it all, said Wisner. Johnson's wife, Araceli Johnson, will be called to testify, as will two of his co-workers and his doctors.
"Right now he's on borrowed time. He's not going to come to most of the trial," said Wisner. "The guy is going to die and there is nothing he can do about it. It's unbelievably horrible."
EcoWatch Daily Newsletter
By Tom Duszynski
The coronavirus is certainly scary, but despite the constant reporting on total cases and a climbing death toll, the reality is that the vast majority of people who come down with COVID-19 survive it. Just as the number of cases grows, so does another number: those who have recovered.
In mid-March, the number of patients in the U.S. who had officially recovered from the virus was close to zero. That number is now in the tens of thousands and is climbing every day. But recovering from COVID-19 is more complicated than simply feeling better. Recovery involves biology, epidemiology and a little bit of bureaucracy too.
How does your body fight off COVID-19?<p>Once a person is exposed the coronavirus, the body starts producing <a href="https://www.mblintl.com/products/what-are-antibodies-mbli/" target="_blank">proteins called antibodies to fight the infection</a>. As these <a href="https://www.statnews.com/2020/03/27/serological-tests-reveal-immune-coronavirus/" target="_blank">antibodies start to successfully contain the virus</a> and keep it from replicating in the body, symptoms usually begin to lessen and you start to feel better. Eventually, if all goes well, your immune system will completely destroy all of the virus in your system. A person who was infected with and survived a virus with no long-term health effects or disabilities has "recovered."</p><p>On average, a person who is infected with SARS-CoV-2 will feel ill for about seven days from the onset of symptoms. Even after symptoms disappear, there still may be small amounts of the virus in a patient's system, and they should stay <a href="https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html" target="_blank">isolated for an additional three days</a> to ensure they have truly <a href="https://health.usnews.com/conditions/articles/coronavirus-recovery-what-to-know" target="_blank">recovered and are no longer infectious</a>.</p>
What about immunity?<p>In general, once you have recovered from a viral infection, your body will keep cells called lymphocytes in your system. These cells "remember" viruses they've previously seen and can react quickly to fight them off again. If you are exposed to a virus you have already had, your antibodies will likely stop the virus before it starts causing symptoms. <a href="https://dx.doi.org/10.5114%2Fceji.2018.77390" target="_blank">You become immune</a>. This is the <a href="https://www.ncbi.nlm.nih.gov/books/NBK27158/" target="_blank">principle behind many vaccines</a>.</p><p>Unfortunately, immunity isn't perfect. For many viruses, like mumps, immunity can wane over time, leaving you <a href="https://www.sciencedaily.com/releases/2016/04/160421145747.htm" target="_blank">susceptible to the virus in the future</a>. This is why you need to get revaccinated – those "booster shots" – occasionally: to prompt your immune system to make more antibodies and memory cells.</p><p>Since this coronavirus is so new, scientists still don't know whether people who recover from COVID-19 are <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/faq.html" target="_blank">immune to future infections of the virus</a>. Doctors are finding antibodies in ill and recovered patients, and <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-management-patients.html" target="_blank">that indicates the development of immunity</a>. But the question remains how long that immunity will last. Other coronaviruses like <a href="https://doi.org/10.1002/jmv.25685" target="_blank">SARS and MERS produce an immune response</a> that will protect a person at least for a short time. I would suspect the same is true of SARS-CoV-2, but the research simply hasn't been done yet to say so definitively.</p>
Why have so few people officially recovered in the US?<p>This is a dangerous virus, so the Centers for Disease Control and Prevention is being extremely careful when deciding what it means to recover from COVID-19. Both medical and testing criteria must be met before a person is <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-home-patients.html" target="_blank">officially declared recovered</a>.</p><p>Medically, a person must be fever-free without fever-reducing medications for three consecutive days. They must show an improvement in their other symptoms, including reduced coughing and shortness of breath. And it must be at least seven full days <a href="https://health.usnews.com/conditions/articles/coronavirus-recovery-what-to-know" target="_blank">since the symptoms began</a>.</p><p>In addition to those requirements, the CDC guidelines say that a person must test negative for the coronavirus twice, with the <a href="https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/care-for-someone.html" target="_blank">tests taken at least 24 hours apart</a>.</p><p>Only then, if both the symptom and testing conditions are met, is a person officially considered recovered by the CDC.</p><p>This second testing requirement is likely why there were so few official recovered cases in the U.S. until late March. Initially, there was a <a href="https://www.nytimes.com/2020/03/18/health/coronavirus-test-shortages-face-masks-swabs.html" target="_blank">massive shortage of testing in the U.S.</a> So while many people were certainly recovering over the last few weeks, this could not be officially confirmed. As the country enters the height of the pandemic in the coming weeks, focus is still on <a href="https://www.cdc.gov/coronavirus/2019-nCoV/hcp/clinical-criteria.html" target="_blank">testing those who are infected</a>, not those who have likely recovered.</p><p>Many more people are being tested now that states and private companies have begun <a href="https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/testing-in-us.html" target="_blank">producing and distributing tests</a>. As <a href="https://www.dispatch.com/news/20200406/coronavirus-in-ohio-from-its-rocky-start-testing-for-covid-19-slowly-ramping-up" target="_blank">the number of available tests increases</a> and the pandemic eventually slows in the country, more testing will be available for those who have appeared to recover. As people who have already recovered are tested, the appearance of any new infections will help researchers learn <a href="https://www.statnews.com/2020/03/24/we-need-smart-coronavirus-testing-not-just-more-testing/" target="_blank">how long immunity can be expected to last</a>.</p>
Once a person has recovered, what can they do?<p>Knowing whether or not people are immune to COVID-19 after they recover is going to determine what individuals, communities and society at large can do going forward. If scientists can show that recovered patients are immune to the coronavirus, then a person who has recovered could in theory <a href="https://www.vox.com/2020/3/30/21186822/immunity-to-covid-19-test-coronavirus-rt-pcr-antibody" target="_blank">help support the health care system</a> by caring for those who are infected.</p><p>Once communities pass the peak of the epidemic, the number of new infections will decline, while the number of <a href="https://www.newsweek.com/china-says-passed-peak-coronavirus-epidemic-covid-19-1491863" target="_blank">recovered people will increase</a>. As these trends continue, the risk of transmission will fall. Once the risk of transmission has fallen enough, community-level isolation and social distancing orders will begin to relax and businesses will start to reopen. Based on what other countries have gone through, it will be <a href="https://www.nature.com/articles/d41586-020-00154-w" target="_blank">months until the risk of transmission is low</a> in the U.S.</p><p>But before any of this can happen, the U.S. and the world need to make it through the peak of this pandemic. Social distancing works to slow the spread of infectious diseases and <a href="https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/what-you-can-do.html" target="_blank">is working for COVID-19</a>. Many people will <a href="https://www.yalemedicine.org/stories/2019-novel-coronavirus/" target="_blank">need medical help to recover</a>, and social distancing will slow this virus down and give people the best chance to do so.</p>
By Elizabeth Claire Alberts
The future for the world's oceans often looks grim. Fisheries are set to collapse by 2048, according to one study, and 8 million tons of plastic pollute the ocean every year, causing considerable damage to delicate marine ecosystems. Yet a new study in Nature offers an alternative, and more optimistic view on the ocean's future: it asserts that the entire marine environment could be substantially rebuilt by 2050, if humanity is able to step up to the challenge.
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By Zulfikar Abbany
Bread has been a source of basic nutrition for centuries, the holy trinity being wheat, maize and rice. It has also been the reason for a lot of innovation in science and technology, from millstones to microbiological investigations into a family of single-cell fungi called Saccharomyces.
Chemical leavening<p>If you like a little heft in your loaf, you will need a leavening agent.</p><p>For those short on time, you can use baking soda. That's a chemical compound of sodium bicarbonate mixed with potassium bitartrate, or cream of tartar.</p><p>Soda breads have their traditions in parts of eastern and central Europe, and in Ireland and Scotland, with Melrose loaves and "farls."</p><p>They can taste a bit bland, though, and are often considered only as an emergency solution on Sundays. No disrespect intended: They taste just fine fresh from the oven.</p><p>Whether it's chemical or more "natural," leavening relies largely on the production of carbon dioxide.</p><p>When you mix an acid, such as vinegar, buttermilk, yogurt or apple cider, with an alkaline compound like baking soda, you get CO2. That CO2 creates bubbles, which in turn capture steam in the oven and allow a bread to rise.</p><p><span></span>But it's better with yeast. Tastes better, too. It just takes more time. </p>
What is yeast?<p>There are yeasts all around us — on grains, in the air, in biofuels. It even lives inside us, but that's not always a good thing.</p><p><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1090575/pdf/1471-2334-5-22.pdf" target="_blank">Candida yeast</a> can cause infections of the skin, feet, mouth, penis or vagina if it builds up too much in the body.</p><p>One of the most common yeasts, however, is <em>Saccharomyces cerevisiae</em>. That's <a href="https://www.dw.com/en/an-early-beer-archaeologists-tap-ground-at-worlds-oldest-brewery/a-45480731" target="_blank">"brewer's"</a> or "baker's" yeast.</p><p>You can get fresh baker's yeast, often in 42-gram (1.48-ounce) cubes, or as dried yeast (quick action or active, which requires rehydration) in a sachet of 7 grams.</p><p>There's little difference: One is compressed and the other is dehydrated and granulated. But they do the same thing, essentially. </p><p>Some commercial yeast producers add molasses and other nutrients. But natural yeast has plenty of useful nutrients in it anyway, including B group vitamins, so who knows whether it's good or necessary to add them. </p>
How does yeast work?<p>When you mix flour, yeast and water, you set off a veritable chain reaction. Enzymes in the wheat convert starch into sugar. And the yeast creates enzymes of its own to convert those sugars into a form it can absorb.</p><p>The yeast "feeds" on the sugars to create carbon dioxide and alcohol. The yeast burps and farts, releasing gases into the mix, and that creates bubbles to trap CO2. </p><p>It's a vital fermentation process that breaks down the gluten in the flour and helps make your bread more digestible.</p><p>The yeast cells split and reproduce, generating lactic and carbonic acid, raising the temperature and ultimately adding flavor to the mix.</p><p>The longer you leave the yeast to do its thing, the better for your bread. Time is more important than the amount of yeast. </p><p>In fact, that's an enduring question — how much yeast? I'll use 20 grams fresh yeast for 500 grams of flour. Others say that's enough yeast for 1 kilo. If you are converting a dry-yeast recipe to fresh yeast, some bakers advise tripling the weight. So, if a sachet of dried yeast is 7 grams, your fresh yeast is 21 grams.</p><p><span></span>But that also depends on the flours you are using, temperatures in the bowl and the room, and a host of other things. You'll just have to experiment and see. No number of books (and I've read a stack on bread) will help as much as trial and error.</p>
Wild yeast: Sourdough<p>So, good bread needs time. If you have a lot of time, why not move it up a notch and grow wild yeast — a sourdough starter — in your own home?</p><p>A sourdough starter is not to be mistaken (as it often is) for the leaven, or "mother," "sponge," or <em>levain</em>. That's more a second stage, a descendant of the starter. You take a scoop from your starter and add it to another flour and water mixture when you prepare the dough for a new loaf. </p><p>The sourdough process utilizes yeasts naturally present in flour and … yet more time. A longer fermentation process allows a richer lactic acid bacteria <em>lactobacilli</em> or LAB to evolve, and that can be healthy for your gut microbiome.</p><p>It's simple enough to start a sourdough starter. All you need is flour, warm water and time.</p><p>Some suggest equal measures of whole-grain flour and water at 28 degrees Celsius (82 degrees Fahrenheit), some say room temperature — just don't let the water exceed 40 C or the yeasts will die. Some suggest two parts flour to three parts water. But it's up to you whether you want a drier or wetter starter. You will know only through experimentation. </p><p>Some say you should filter tap water to remove chemicals like fluoride and avoid using water that's boiled and then cooled. Others say that really doesn't matter.</p><p>The main thing is, keep it clean and give it time. Days, weeks, months and years.</p>
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