Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

More Monsanto Roundup Cancer Trials Expected to Be Postponed

Health + Wellness
Activists stage a flash protest organized by the international movement Attac at the offices of Bayer in Paris on March 14, 2019. PHILIPPE LOPEZ / AFP via Getty Images

Update, Jan. 8: On Wednesday, St. Louis County Court spokeswoman Christine Bertelson confirmed that one trial set to start Jan. 27 has been officially postponed with no new trial date yet set. That trial was to pit a woman named Sharlean Gordon against Monsanto.

By Carey Gillam

Discussions are underway to postpone one or more highly anticipated Roundup cancer trials set to start in January, including trials scheduled for St. Louis, the former hometown of Roundup herbicide maker Monsanto Co., according to sources close to the litigation.


Court dockets still show trials scheduled for later this month in St. Louis and in California courts, and court officials say they are still planning for the trials to take place on the designated dates. But multiple legal sources said the opposing sides were nearing agreements that would put off the trials by several months, if not longer. Attorneys for Monsanto and for the plaintiffs in the upcoming January trials declined to comment.

The talk of trial delays is not unexpected. Bayer AG, the German company that bought Monsanto in June 2018, successfully negotiated the postponement of several trials that had been set for the fall of 2019 after losing each of the three trials held to date. Each involved plaintiffs who claimed their cancers were caused by exposure to Roundup and other Monsanto glyphosate-based herbicides.

The juries found not just that the company's herbicides can cause cancer, but that Monsanto knew about the risks and hid the information from consumers. Bayer has estimated more than 42,700 people have filed claims in the U.S. against Monsanto, which is now a wholly owned unit of Bayer.

Bayer and a team of plaintiffs' attorneys have been pursuing a potential settlement of the litigation that could amount to well more than $8 billion, the legal sources said.

Bayer has been particularly uneasy about trials scheduled for St. Louis, where former Monsanto CEO Hugh Grant has been subpoenaed to testify and the trial of plaintiff Sharlean Gordon was to be broadcast to the public. In the three previous trials, all held in California, Monsanto executives have given testimony through depositions and have not had to take the stand in front of juries.

"Trial postponements make perfect sense right now," said Susquehanna Financial Group analyst Tom Claps. "I believe that it is in everyone's best interest to stay out of the courtroom at this time, especially when negotiations seem to be progressing in a positive manner."

Amid the maneuvering, more cases continue to stack up. Lawyers for Monsanto were in court Monday in Independence, Missouri to set a schedule and trial date for a newly filed lawsuit brought by a woman suffering from non-Hodgkin lymphoma she claims she developed due to her residential use of Roundup.

Gregory Chernack of the Washington, DC-based Hollingsworth law firm, one of Monsanto's long-serving defense firms, told the judge in Independence that Monsanto wanted the case consolidated with roughly 30 others being overseen by a different judge in Kansas City, Missouri. Attorneys for plaintiff Sheila Carver objected to the suggestion, and asked the judge to go ahead and set a trial date. Jackson County Circuit Court Judge Jennifer Phillips decided to give the parties 30 days to file motions on the matter.

Bayer's annual shareholders' meeting is set for April 28 and analysts said investors would like to see either a settlement of the litigation by that time, or at least meaningful progress in containing the liability. Bayer's stock took a dive, losing billions of dollars in value, after the first jury verdict in August 2018, and share prices remain depressed.

"Bayer's stock has reacted negatively to each of the three trial verdicts. Therefore, Bayer does not want to face more negative trial headlines from losing another trial, especially while it is engaged in good faith settlement discussions," said Claps.

There are multiple factors at play, however, including the uncertainty surrounding the outcome of the appeals that are pending for each of the three trials. If an appellate court were to overturn the jury findings of Monsanto's liability, it would weaken the plaintiffs' bargaining power for a global settlement. Conversely, the company's position would be weakened if the jury verdicts are upheld on appeal. But no decision is expected on the appeals for several more months at least.

In December, the U.S. Department of Justice took the rare step of intervening in the litigation to side with Monsanto and Bayer in the appeal of one of the verdicts.

Reposted with permission from U.S. Right to Know.

EcoWatch Daily Newsletter

Hurricane Florence on Sept. 12, 2018. ESA / A.Gerst / CC BY-SA 2.0

The 2020 hurricane season is now expected to be the most active since at least the early 1980s, meteorologists at Colorado State University, a standard bearer for seasonal hurricane predictions, announced Wednesday.

Read More Show Less
The Qamutik cargo ship on July 28, 2020 in Canada's Nunavut province, where two ice caps have disappeared completely. Fiona Paton / Flickr

Three years ago, scientists predicted it would happen. Now, new NASA satellite imagery confirms it's true: two ice caps in Canada's Nunavut province have disappeared completely, providing more visual evidence of the rapid warming happening near the poles, as CTV News in Canada reported.

Read More Show Less
The European Commission launched a new Farm to Fork strategy in an effort to reduce the social and environmental impact of the European food system. European Environmental Agency / Flickr / CC by 2.0

By Katell Ané

The European Commission launched a new Farm to Fork strategy in an effort to reduce the social and environmental impact of the European food system. It is the newest strategy under the European Green Deal, setting sustainability targets for farmers, consumers, and policymakers.

Read More Show Less
President Trump signs an executive order regulating social media on May 28, 2020 in Washington, DC. Doug Mills-Pool / Getty Images

Facebook and Twitter removed posts by President Donald Trump and his campaign Wednesday for violating their policies against spreading false information about COVID-19.

Read More Show Less
Florida Fish and Wildlife Research Institute staff and volunteers try to help a stranded bottlenose dolphin in Cockroach Bay near Ruskin, Florida on Sept. 17, 2015. FWC Fish and Wildlife Research Institute

A new study gives a first look at the presence and potential effects of plastics and new forms of synthetic chemicals in stranded dolphins and whales along the coast of the southeastern U.S.

Read More Show Less
Smoke rises above wrecked buildings following a deadly explosion on Aug. 4, 2020 in Beirut, Lebanon. Marwan Tahtah / Getty Images

By Alexander Freund

Lebanese Prime Minister Hassan Diab says he believes Tuesday's explosion in Beirut could have been caused by large quantities of ammonium nitrate stored in the port.

Read More Show Less

Trending

Black Americans are dying from Covid-19 at more than twice the rate of white Americans, and at younger ages, partly due to poor diets that make bodies less resistant to the coronavirus. Mireya Acierto / Getty Images

By Michelle D. Holmes

Most Americans know about the Dietary Guidelines for Americans primarily through their colorful representations: the original food pyramid, which a few years ago morphed into MyPlate. The guidelines represent the government mothering us to choose the healthiest vegetables, grains, sources of protein, and desserts, and to eat them in the healthiest portions.

As innocuous as the food pyramid and MyPlate seem, they are actually a matter of life and death.

Read More Show Less