Case details

Exposure to chemicals in weed killer caused cancer: plaintiff

SUMMARY

$289253209.3

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cognition, depression, mental, psychological
FACTS
In 2014, plaintiff Dewayne “Lee” Johnson, 42, a groundskeeper and pest manager for a school district in Benicia, was diagnosed with non-Hodgkin lymphoma, a blood cell cancer. Johnson claimed that since 2012, part of his work included spraying herbicide to control weeds on school grounds, sometimes for several hours a day. He claimed he applied Roundup weed killer 20 to 30 times per year and that although he wore extensive protective gear while spraying, he was often exposed to Roundup and Ranger Pro chemicals, both glyphosate-based Monsanto products, due to spray back from the products. Johnson sued the manufacturer of the herbicide products, Monsanto Co.; the regional sales manager for all of the western states, Steven Gould; and the distributors of the products, Wilbur-Ellis Co., LLC and Wilbur-Ellis Feed, LLC. Johnson brought claims for design defect, strict product liability failure to warn, and negligent failure to warn. The matter only continued against Monsanto. Plaintiff’s counsel contended that most glyphosate-based herbicides, like Roundup brand products, primarily contain three components, including the active ingredient, water and a surfactant blend. Counsel argued that the interaction between glyphosate and other ingredients in Roundup made the product more carcinogenic. Counsel contended that surfactants in the product stick to the surfaces and penetrate the cell walls of the weeds, but that, in turn, the penetration would be applicable to humans as well. Plaintiff’s counsel also contended that the surfactants in the product were composed of ethylene oxide, which are a group 1 carcinogen known to cause NHL, and that even though Monsanto added the ethylene oxide and then removed it in the making of the product, some of the residual carcinogen remained. The plaintiff’s toxicology expert calculated the cumulative dose of the exposure to the carcinogens and the plaintiff’s oncology expert opined that the amount was enough to cause NHL in humans. Defense counsel argued that Roundup does not cause cancer and that numerous scientific studies concluded that glyphosate is safe for use and does not cause cancer. The defense’s epidemiology expert opined that there is no evidence that glyphosate causes NHL. Plaintiff’s counsel responded that even though defense counsel noted “800 studies” about the safeness of glyphosate, those studies were not about glyphosate and cancer and that, in epidemiology, glyphosate does cause cancer., Johnson was diagnosed with non-Hodgkin’s lymphoma in 2014, at the age of 42. He treated his condition with chemotherapy, but he claimed he suffered from memory loss and depression after having it. Johnson also developed skin lesions that cover as much as 80 percent of his body. Johnson claimed that before his cancer, he had “perfect skin,” but that after he started spraying and suffered exposures, he got sick and began seeing rashes, lesions and sores all over his body. He described two incidents in which he claimed he was badly exposed to the chemicals due to mishaps and leaks while spraying, including an incident when a hose broke. He claimed the first accident occurred in 2012 and he was diagnosed with cancer two years later. Johnson claimed that, on bad days, he is too crippled to speak. He also claimed the he will start another round of chemotherapy. The plaintiff’s oncology expert opined that because Johnson had no other risk factors for NHL, but was exposed to the carcinogens in Roundup, it was or could be a cause of his NHL. Johnson is married and has two children. He testified about when he told his sons that he had terminal cancer. Johnson’s wife now works two 40-hour-per-week jobs to support their family. Defense counsel argued that no association was apparent between glyphosate and any solid tumors or lymphoid malignancies overall, including NHL.
COURT
Superior Court of San Francisco County, San Francisco, CA

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