Case details

Defense claimed weed-killer did not cause boy’s cancer

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer
FACTS
In February 2016, plaintiff Ezra Clark, 4, was diagnosed with Burkitt’s lymphoma, a rare form of non-Hodgkin’s lymphoma, a cancer of the lymph nodes. Ezra’s mother, Destiny Clark, claimed that Ezra was previously exposed to the weed killer, Roundup, a glyphosate-based Monsanto product, when she sprayed it in their backyard throughout the year. She claimed that her son’s exposure to the product cause his cancer. Clark, acting on behalf of her minor son, Esra, sued the manufacturer of the Roundup product, Monsanto Co.; and the distributors of the product, Wilbur-Ellis Co., LLC, Wilbur-Ellis Nutrition, LLC (formally known was Wilbur-Ellis Feed, LLC) and Ken’s D.I.Y. Centers. Clark alleged that Monsanto was negligent in the defective design of the product and that all of the defendants were negligent in their failure to warn about the product. She also brought a strict product liability claim for failure to warn, which states that inadequate or nonexistent warnings are considered a type of product defect. Clark dismissed the distributors of the Roundup product, and the trial proceeded only against Monsanto Co. Plaintiff’s counsel contended that Monsanto did not adequately warn Clark about the risks of using glyphosate, the active ingredient in Roundup, and that Monsanto defectively designed Roundup by including glyphosate in the product. Defense counsel contended that Roundup does not cause cancer and that glyphosate is not likely to be carcinogenic to humans, as evidenced by over 40 years of determinations by worldwide regulators, including the U.S. Environmental Protection Agency. The defense’s weed science expert explained how Roundup works and how often it needs to be sprayed. The expert also conducted a site inspection of the property where Clark allegedly sprayed Roundup around Ezra, and detailed his opinion that minimal Roundup would have been needed to kill weeds on the property each year., The trial was bifurcated with causation being decided by the jury first. Ezra, who is autistic, was diagnosed with Burkitt’s lymphoma in February 2016. He underwent chemotherapy, and his cancer remained in remission since 2016. Ezra is now 11 years old. Clark, acting on her Ezra’s behalf, sought recovery of damages for Ezra’s past and future pain and suffering. Defense counsel contended that Ezra’s cancer was not caused by his exposure to Roundup and that, instead, Burkitt’s lymphoma was the likely result of the natural progression of cancer through random mutations in Ezra’s DNA. The defense’s expert pediatric oncologist explained the natural progression of cancer, including Burkitt’s lymphoma, and how she treats patients with Burkitt’s lymphoma on a daily basis. The expert also explained that she does not consider Roundup a cause of cancer and that, in her opinion, Ezra’s exposure to Roundup was not a substantial factor in causing his cancer.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case