Case details

Defense: No proof chemical compounds caused cancer

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, non-Hodgkin lymphoma
FACTS
In 2001, plaintiff John Di Costanzo, 80s, a retired software developer, was diagnosed with non-Hodgkin lymphoma, which is cancer of the lymph tissue. In 2010, plaintiff Roslyn Dauber, 60s, a retired documentarian, was also diagnosed with non-Hodgkin lymphoma. Di Costanzo and Dauber, who were both Los Angeles County residents, were ultimately determined to have “elevated” levels of polychlorinated biphenyls (PCBs) in their bodies, as compared with a national database of blood test results. PCBs are a group of 209 chemical compounds that were widely used as non-flammable, insulating fluids in electrical transformers and capacitors, as well as were used in a variety of other products, such as paints and carbonless copy paper, before the manufacturing of PCBs ceased in 1977. Di Costanzo and Dauber claimed they developed non-Hodgkin lymphoma as a result of eating food contaminated by PCBs manufactured by Monsanto Co. (now known as Pharmacia Corp.) and its affiliates from the 1930s until the mid-1970s. They also accused Monsanto, which was the largest manufacturer of PCBs in the United States, of continuing to produce the compounds for decades while withholding its health risks from the public. Dauber and Di Costanzo sued Monsanto Co., Pfizer Inc., Pharmacia Corp., Solutia Inc., and Southern California Gas Co. Dauber and Di Costanzo alleged that the four Monsanto defendants (Monsanto Co., Pharmacia Corp., Solutia Inc., and Pfizer Inc.) negligently designed and/or manufactured PCB products that caused PCBs to get into the environment, food chain, and natural gas pipelines in their area. They also alleged that Solutia, which was formed in 1997 out of Monsanto’s chemical division, assumed the debt and liabilities of Monsanto’s chemical products. They further alleged that SoCal Gas, which connected its pipeline with that of Transwestern Pipeline Co., had a PCB-contaminated compressor station in New Mexico and knowingly contaminated its own pipeline with PCBs through a technique called “oil fogging” in order to reduce rusting and corrosion. The case of Dauber and Di Costanzo was one of 26 cases filed in Los Angeles and St. Louis in which the plaintiffs (699 in total) claimed to have developed non-Hodgkin lymphoma from exposure to PCBs. Gregory Carlos was another plaintiff named in the Dauber/Di Costanzo matter, but his action was ultimately severed from the Dauber/Di Costanzo case and consolidated with another matter, Varela v. Monsanto Co. (Docket No. BC509170). Defendant SoCal Gas was also let out of the case prior to trial. In addition, it was ultimately determined that Solutia was a divestiture of Monsanto, that Monsanto merged with Pharmacia Corp. in 2000, and that Pfizer also merged with Pharmacia Corp. in 2003. Thus, Dauber and Di Costanzo dismissed their claims against Pharmacia, Pfizer and Solutia, and only pursued claims against Monsanto for negligence and manufacturing defect. Counsel for Dauber and Di Costanzo contended that Monsanto was negligent in its failure to test the long-term effects of PCBs. Counsel also contended that Monsanto negligently manufactured and sold products in mass quantities, despite knowing that PCBs were getting into the food chain. Monsanto’s counsel argued that while PCBs are known to be in the environment, it has not been linked to the development of non-Hodgkin’s lymphoma in humans. Counsel also argued that actions taken by the company as far back as the 1930s must be considered in a different light than the more stringent environmental standards in place today, but even so, Monsanto’s conduct decades ago was consistent with today’s standard of care., Dauber and Di Costanzo never knew they were exposed to PCBs until Di Costanzo was diagnosed with non-Hodgkin lymphoma in 2001 and Dauber was diagnosed with non-Hodgkin lymphoma in 2010. Both Dauber and Di Costanzo have undergone chemotherapy for their cancer. Thus, Dauber and Di Costanzo sought recovery of over $15 million in combined compensatory damages and an unspecified amount in punitive damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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