Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Former Monsanto CEO Ordered to Testify at Roundup Cancer Trial

Business

Monsanto's former chairman and CEO Hugh Grant speaks about "The Coming Agricultural Revolution" on May 17, 2016. Fortune Brainstorm E / Flickr

By Carey Gillam

Former Monsanto Chairman and CEO Hugh Grant will have to testify in person at a St. Louis-area trial set for January in litigation brought by a cancer-stricken woman who claims her disease was caused by exposure to the company's Roundup herbicide and that Monsanto covered up the risks instead of warning consumers.


Grant, who led St. Louis-based Monsanto from 2003 until the company was sold to Bayer AG of Germany in June of 2018, and spent a total of 37 years working for Monsanto, was subpoenaed by lawyers for plaintiff Sharlean Gordon, to testify at a trial slated to begin Jan. 27 in St. Louis County Circuit Court.

The Gordon trial was originally scheduled for August of this year but was delayed as part of an effort to undertake settlement talks between Bayer and lawyers for tens of thousands of plaintiffs who are suing Monsanto with claims similar to Gordon's.

Two other trials set for January, both in courts in California and both involving children diagnosed with cancer, were recently postponed due to continued settlement talks.

Bayer estimates that there are currently more than 42,000 plaintiffs alleging that exposure to Monsanto's Roundup and other glyphosate-based herbicides made by Monsanto caused them or their loved ones to develop non-Hodgkin lymphoma.

Grant did not have to testify live at the three Roundup cancer trials that have taken place so far because they were all held in California. But because Grant resides in St. Louis County, plaintiffs' attorneys saw an opportunity to get him on the stand in person.

Attorneys for Grant have been fighting the subpoena, arguing that he is not a scientist or regulatory expert and he has already provided information in deposition testimony. Grant has also argued that he should not have to testify because he plans to be out of the country starting Feb. 9.

But in a decision handed down Dec. 5, a special master appointed to the case sided with Gordon's attorneys and ruled that Grant was not entitled to an order quashing the subpoena for trial testimony.

"Mr. Grant appeared for interviews on public radio representing that Roundup is not a carcinogen; in earnings calls for investors Mr. Grant personally responded that the classification of glyphosate as a probable carcinogen was 'junk science;' in 2016 Mr. Grant personally lobbied the EPA Administrator and the Agricultural Committee Chair of the topic of glyphosate," the special master's order states.

"Although Mr. Grant does not have scientific knowledge that doubtless will be a significant component to this lawsuit, he was CEO of Monsanto for 15 years and took part in presentations, discussions, interviews and other appearances for Monsanto as CEO in which the topics of Roundup and glyphosate were explained, discussed and defended," Special Master Thomas Prebil said in his decision.

Gordon developed non-Hodgkin lymphoma after using Roundup herbicides for 25 years at her residence in South Pekin, Illinois, and has suffered extensive debilitation due to her disease. Gordon's stepfather, who also used Roundup at the family home where Gordon lived into adulthood, died of cancer. The case is actually derived from a larger case filed in July 2017 on behalf of more than 75 plaintiffs. Gordon is the first of that group to go to trial.

In the three previous trials, unanimous juries have found that exposure to Monsanto's herbicides does cause non-Hodgkin lymphoma and that the company did cover up the risks and fail to warn consumers. The three juries awarded a total of four plaintiffs more than $2 billion in damages, but the three trial judges have reduced the awards significantly in each case.

All are being appealed and none of the winning plaintiffs have yet received any of the monetary awards the juries ordered.

Johnson Appeal Delayed

The first plaintiff to win against Monsanto is a California school groundskeeper from California. Dewayne "Lee" Johnson was awarded $289 million by a jury in August 2018. The trial judge later lowered the damages to $78 million. Monsanto appealed seeking to overturn the jury decision and Johnson cross-appealed seeking to reinstate the full award of $289 million.

The California Court of Appeal 1st Appellate District said it would act swiftly in ruling on the consolidated appeals and lawyers for both sides initially hoped to have a ruling by the end of this year. But the case has been delayed for several weeks as both sides awaited a date for oral arguments. On Dec. 3, Monsanto's attorneys asked the court not to schedule oral arguments in January or February, as several new Roundup trials are set for those months. Johnson's attorneys opposed that request for further delay.

On Friday, the court issued an order stating that while it agreed with Johnson about the need to
"schedule oral argument as soon as practicable," it was unlikely oral arguments could be held until March of April "given the number and length of all the briefs to be considered, the outstanding motions that the court must rule on when considering the merits of the appeal," and other factors.

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

EcoWatch Daily Newsletter

A man pushes his mother in a wheelchair down Ocean Drive in South Beach, Miami on May 19, 2020, amid the novel coronavirus pandemic. CHANDAN KHANNA / AFP via Getty Images

The U.S. reported more than 55,000 new coronavirus cases on Thursday, in a sign that the outbreak is not letting up as the Fourth of July weekend kicks off.

Read More Show Less
To better understand how people influence the overall health of dolphins, Oklahoma State University's Unmanned Systems Research Institute is developing a drone to collect samples from the spray that comes from their blowholes. Ken Y. / CC by 2.0

By Jason Bruck

Human actions have taken a steep toll on whales and dolphins. Some studies estimate that small whale abundance, which includes dolphins, has fallen 87% since 1980 and thousands of whales die from rope entanglement annually. But humans also cause less obvious harm. Researchers have found changes in the stress levels, reproductive health and respiratory health of these animals, but this valuable data is extremely hard to collect.

Read More Show Less

Sunscreen pollution is accelerating the demise of coral reefs globally by causing permanent DNA damage to coral. gonzalo martinez / iStock / Getty Images Plus

On July 29, Florida Governor Ron DeSantis signed into law a controversial bill prohibiting local governments from banning certain types of sunscreens.

Read More Show Less
Oat milk is popping up at coffee shops and grocery stores alike, quickly becoming one of the trendiest plant-based milks. jacqueline / CC by 2.0

By Kelli McGrane

Oat milk is popping up at coffee shops and grocery stores alike, quickly becoming one of the trendiest plant-based milks.

Read More Show Less

"Emissions from pyrotechnic displays are composed of numerous organic compounds as well as metals," a new study reports. Nodar Chernishev / EyeEm / Getty Images

Fireworks have taken a lot of heat recently. In South Dakota, fire experts have said President Trump's plan to hold a fireworks show is dangerous and public health experts have criticized the lack of plans to enforce mask wearing or social distancing. Now, a new study shows that shooting off fireworks at home may expose you and your family to dangerous levels of lead, copper and other toxins.

Read More Show Less
Billions worth of valuable metals such as gold, silver and copper were dumped or burned last year as electronic waste produced globally jumped to a record 53.6 million tons. Curtis Palmer / CC by 2.0

By Ashutosh Pandey

Billions worth of valuable metals such as gold, silver and copper were dumped or burned last year as electronic waste produced globally jumped to a record 53.6 million tons (Mt), or 7.3 kilogram per person, a UN report showed on Thursday.

Read More Show Less

Trending

A women walks with COVID-19 care kits distributed by Boston's Office of Neighborhood Services in Boston, Massachusetts on May 28, 2020. The pandemic has led to a rise in single-use plastic items, but reusable bags and cloth masks can be two ways to reduce waste. JOSEPH PREZIOSO / AFP via Getty Images

This month is Plastic Free July, the 31 days every year when millions of people pledge to give up single-use plastics.

Read More Show Less