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Thursday, Mar 28 2019

Full Issue

Jury Finds Monsanto Liable For California Man's Cancer Because There Was No Product Warning For Weedkiller

The plaintiff, Edwin Hardeman, 70, used Roundup to control weeds and poison oak on his property for 26 years. In determining that Monsanto was responsible, the jury awarded Hardeman $75 million in punitive damages and about $5 million for past and future suffering. The trial is only the second of more than 11,200 Roundup lawsuits set to go to trial in the United States.

A federal jury on Wednesday ordered Monsanto to pay more than $80 million in damages to a California man whose cancer it determined was partly caused by his use of the popular weedkiller Roundup. The six-member jury found that Monsanto should be held liable for the man鈥檚 illness because it failed to include a label on its product warning of the weedkiller鈥檚 risk of causing cancer. (Jacobs, 3/27)

The jury in San Francisco federal court said the company was liable for plaintiff Edwin Hardeman's non-Hodgkin's lymphoma. It awarded $5 million in compensatory damages and $75 million in punitive damages to Hardeman after finding that Roundup was defectively designed, that Monsanto failed to warn of the herbicide's cancer risk and that the company acted negligently. (3/27)

Hardeman said he used Roundup products to treat poison oak, overgrowth and weeds on his San Francisco Bay Area property for years. The same jury previously found that Roundup was a substantial factor in Hardeman's non-Hodgkin's lymphoma. "Today, the jury sent a message loud and clear that companies should no longer put products on the market for anyone to buy without being truthful, without testing their product and without warning if it causes cancer," said Jennifer Moore, one of Hardeman's attorneys. (3/27)

Jurors heard competing narratives in the second phase on whether Monsanto did enough to test the safety of glyphosate and pass that information to customers. 鈥淎 responsible company would test its product. A responsible company would tell consumers if they knew that it caused cancer,鈥 Jennifer Moore, an attorney for Mr. Hardeman, said during closing arguments. 鈥淎nd Monsanto didn鈥檛 do either of those things.鈥 Ms. Moore said Monsanto was driven by greed and urged the jurors to stop 鈥渢he lying, the ghostwriting, the manipulation鈥 with its verdict. (Bender and Randazzo, 3/27)

Meanwhile, in other news 鈥

Johnson & Johnson took the unusual step of settling three women鈥檚 claims that its talc-based products caused their asbestos-linked cancers rather than let juries decide the cases, potentially opening a new front in the growing litigation against the world鈥檚 largest maker of health-care products. Jurors in state court in Oklahoma City Wednesday spent about three hours weighing whether J&J鈥檚 baby powder was a factor in a 77-year-old woman鈥檚 development of peritoneal mesothelioma when a judge announced the two sides had cut a deal. Details of the accord weren鈥檛 made public. (Feeley, Fisk and Korosec, 3/27)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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