Non-Hodgkin lymphoma

July 11, 2024

Monsanto Roundup trial win overturned by Oregon court

By Carey Gillam

An Oregon appeals court on Wednesday overturned a trial victory by Monsanto owner Bayer AG in a decision that adds to an ongoing debate over the company’s efforts to create a nationwide legal and legislative shield from lawsuits alleging Roundup weed killer causes cancer.

The court found that the trial judge in the case improperly barred key evidence about the US Environmental Protection Agency (EPA) from being presented to the jury, which could have led the jury to find in favor of the plaintiff. And, notably, the court rejected arguments by the company that claims about the dangers of its products should be barred because those products carry the EPA’s stamp of approval.

Other courts have similarly rejected so-called “preemption” arguments by Bayer, which bought Monsanto in 2018. But after failing to get court backing, Bayer has been pushing state and federal lawmakers to give it and other pesticide makers the protection the courts have rejected. A proposed measure is being considered by lawmakers for inclusion in the US Farm Bill. Monsanto unsuccessfully argued to the appeals court that the case never should have even gone to a jury because the claims should have been preempted.

Bayer did not respond to a request for comment on the latest ruling.

Attorney Andrew Kirkendall, who represented the plaintiff in the case, said he welcomed the court’s decision and was eager to retry the case with the evidence about the EPA included.

The testimony that the trial judge refused to allow was to have come from Charles Benbrook, a former research professor who served at one time as executive director of the National Academy of Sciences board on agriculture. Benbrook has authored papers critical of the EPA’s handling of glyphosate herbicides, noting that the agency has given little weight to independent research regarding the actual products sold into the marketplace and used by millions of people around the world. Instead, the EPA has mostly relied on studies paid for by Monsanto and other companies selling glyphosate herbicides that found no cancer concerns.

“There is important new science to share with the jury that clarifies why and how Roundup can cause cancer,” Benbrook said this week after learning of the court ruling.

December 15, 2023

“We can’t sit back” – Amid climbing cancer rates, Iowa health officials eye farm chemicals

Faced with a startlingly high cancer rate in the key US farm state of Iowa, public health leaders are taking the politically precarious step of acknowledging that preventing disease necessitates cutting exposure to potentially cancer-causing chemicals, including those used in agriculture.

In a departure from other state cancer prevention programs, which rarely address environmental risk factors for cancer other than radon, a known cause of lung cancer, Iowa is working to better understand and make the case for limiting exposure to pesticides, commercial fertilizer, and animal manure used and generated by Iowa agriculture, among other environmental contaminants.

“These broader array of environmental risk factors are absolutely there for cancer. But they’re not paid attention to in state cancer control plans,” said Molly Jacobs, an epidemiologist at the University of Massachusetts, who is working with Iowa health authorities. “It’s quite unique that Iowa has addressed this as a priority in their plan. I applaud Iowa for taking on this task of thinking much broader and bigger, and changing this paradigm.”

The work to address environmental factors to reduce cancer cases began earlier this year and is being undertaken by the Iowa Cancer Consortium. It’s a 21-year-old, 650-member coalition of public health professionals, researchers, and health providers focused on controlling cancer. The consortium is led by Dr. Mary Charlton, an epidemiologist at the University of Iowa College of Public Health who also is research director of the Iowa Cancer Registry, which collects cancer data on Iowa citizens.

The consortium has launched an Environmental Task Force and a five-year plan for cutting public exposure to “environmental carcinogens.”

Farmers, agricultural executives, and state lawmakers have spent decades resisting any changes in farm practices that reduce the use of chemicals and nutrients, saying the inputs are needed to ensure ample food production.

But public health advocates say evidence tying the farm pollutants to disease is too strong to deny.

“We can’t sit back and say, ‘Wow. Somebody may not like this.’” said Kamyar Enshayan, director of the Center for Energy and Environmental Education at the University of Northern Iowa. “Knowing what we do know, it’s just prudent that we support practices and systems that require significantly less fertilizer and pesticides.”

December 13, 2023

Citing new science, groups petition EPA to suspend glyphosate weed killer

By Carey Gillam

Citing new scientific research, a coalition of farmworker, public health and environmental advocates on Wednesday filed a legal petition with US regulators demanding they immediately suspend authorization for the controversial weed killing chemical called glyphosate.

The petition, filed with the US Environmental Protection Agency (EPA), alleges that the chemical does not meet the required safety standard set by federal law and the EPA has “no valid assessment demonstrating otherwise.”

If the EPA fails to address the petition, the groups said they will take the agency back to court, where the groups last year successfully garnered a judicial finding that the EPA’s most recent assessment of glyphosate was deeply flawed.

The legal petition comes less than 10 days after the publication of a new scientific study that lends fuel to critics who say glyphosate herbicide products can cause cancer.

In a paper published Dec. 6, National Institutes of Health cancer scientists said they found markers of genotoxicity in male farmers with high uses of glyphosate. The authors said their work suggested glyphosate ‘could confer genotoxic” effects, and amount to “novel evidence regarding the carcinogenic potential of glyphosate.” The study was published in the journal Environmental Health Perspectives.

The journal also published an accompanying opinion article from environmental and occupational health researchers who called the new study “important new evidence” that should be considered in evaluating glyphosate safety. The study was the largest of its kind and provides “mechanistic support for genotoxicity of glyphosate,” the researchers wrote.

“There is really compelling new science out there,” said Bill Freese, science director with the Center for Food Safety, the group leading the legal petition. “It’s becoming increasingly untenable for the agency to deny the cancer hazard.”

In addition to multiple studies cited as evidence of a cancer connection, “numerous studies” show glyphosate has harmful impacts on the liver, kidney and reproductive system, according to the petition.

November 3, 2023

Battle brewing over proposed US law that would protect pesticides

By Carey Gillam

Cancer patients are celebrating a string of courtroom victories after juries in three US states recently ordered Germany’s Bayer to pay more than $500 million in damages for failing to warn about the health risks of its Roundup herbicides. But the consumer wins come as proposed federal legislation backed by Bayer and the powerful agricultural industry could limit similar cases from ever going to trial in the future.

Dubbed the Agricultural Labeling Uniformity Act, the proposed measure would provide sweeping protections for pesticide companies and their products, preempting local governments from implementing restrictions on pesticide use and blocking many of the legal claims that have been plaguing Bayer, according to the American Association for Justice (AAJ) and other critics.

The measure, which was introduced over the summer, has been gaining traction as a potential amendment to the pending Farm Bill. More than 360 agricultural organizations are throwing their support behind the measure, which was introduced by US Reps Dusty Johnson and Jim Costa. Lobbying disclosure records show that Bayer and the industry-funded CropLife America have made passage a top priority.

The new law is needed because pesticides are “paramount to growing our food and keeping communities safe,” according to CropLife.

In response, on Oct. 27, more than 150 US lawmakers signed a letter to the leadership of the House Committee on Agriculture expressing “strong opposition” to the preemption measures, saying they would overturn “decades of precedent” and have a “significant impact” on public safety.

Local laws that could be in jeopardy include many that restrict pesticide use near schools, parks, and playgrounds, and protect drinking water supplies and wildlife. Preemption of state and local authority would additionally “limit accountability for manufacturers who fail to adequately warn consumers about the hazards posed by certain high-risk pesticides,” the letter warns.

Sen. Cory Booker dubbed the legislation “reckless” and “irresponsible” in a press call on Thursday. “People are making this a priority in the upcoming Farm Bill, and frankly to me it is outrageous,” Booker said.

August 20, 2023

Conflict of interest alleged in Roundup case in Monsanto’s home town

By Carey Gillam

Lawyers representing a man who blames his cancer on exposure to Monsanto’s Roundup weed killer are crying foul over what they say are close personal ties between a lead Monsanto lawyer and a special magistrate helping oversee the Roundup litigation.

In an Aug. 17 court filing, the plaintiffs’ attorneys asked for St. Louis County special master Robert Blitz to be disqualified from his role in the litigation because of an “appearance of impropriety” and questions about his impartiality.

A hearing on the matter is set for Tuesday.

There are dozens of plaintiffs named in the case, and all allege that exposure to Monsanto’s glyphosate-based Roundup herbicide caused them to develop non-Hodgkin lymphoma (NHL).

One of the plaintiffs, Mark McCostlin, of Lenexa, Kansas, is set to go to trial against Monsanto in St. Louis County Circuit Court in early September.

The motion alleges that Monsanto lead attorney James Bennett “has a close relationship” with special master Blitz. The two men worked together as co-counsel in a separate case, and Bennett also has personally acted as legal counsel for Blitz and for his law firm, according to the motion.

Additionally, the two men are “effectively economic partners” in a contingency fee case that brought their two law firms $276.5 million in fees, which they split, according to the motion.

“Their relationship creates a conflict of interest such that Blitz is not qualified to serve as special master in any case in which Bennett is trial counsel,” the motion states.

May 25, 2023

Bayer investors granted class-action status in lawsuit over Monsanto deal

A federal judge has given the green light for a class-action lawsuit to proceed against Bayer AG brought by investors unhappy with the company’s $63 billion purchase of Monsanto Co. in 2018.

The suit, brought by three pension funds, alleges that Bayer AG misled investors over the risks of the acquisition and failed to properly perform due diligence before buying Monsanto, which at that time was the world’s largest seed company and the maker of the popular, but controversial, Roundup weedkiller.

Just weeks after closing the deal, Bayer shares plunged when Monsanto lost a bellwether trial brought by a California groundskeeper who alleged he developed non-Hodgkin lymphoma due to his exposure to Monsanto’s weed killer. The loss triggered a flood of additional litigation and ultimately led Bayer to agree in 2020 to pay roughly $11 billion to try to settle similar claims brought by more than 100,000 plaintiffs.

Bayer’s purchase of Monsanto was dubbed one of the “worst corporate deals” in recent history by the Wall Street Journal.

“These declines in the value of Bayer … caused Lead Plaintiffs and other Class members to suffer significant loss and damages,” wrote the plaintiffs’ law firm, Cohen Milstein, in a statement. ”

The lead plaintiffs in the action are the Sheet Metal Workers’ National Pension Fund and the International Brotherhood of Teamsters Local No. 710 Pension Fund, along with an additional plaintiff – the International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware.

April 7, 2023

New book details behind-the-scenes drama of Roundup trials

It’s been nearly eight years since the filing of the first US lawsuit alleging that Roundup weed killer and other herbicides made by Monsanto with a chemical called glyphosate can cause non-Hodgkin lymphoma (NHL). Fueled by findings from international cancer scientists, the allegations sprawled into nationwide litigation that ultimately included more than 100,000 plaintiffs, and unveiled long-hidden corporate secrets.

After plaintiffs won the first three trials, Bayer AG, which bought Monsanto in 2018 as the first Roundup trial was getting underway, agreed to pay more than $11 billion to try to settle the litigation, and pledged to withdraw Roundup and other glyphosate-based products from the US consumer market. Though most plaintiffs have now settled, many opted out of the settlement, and trials around the US are continuing.

Chadi Nabhan, MD, MBA, a lymphoma specialist formerly with the University of Chicago, has been a key expert witness in many of the plaintiffs’ cases, including those who won the first three trials.

In his new book, Toxic Exposure: The True Story behind the Monsanto Trials and the Search for Justice, Nabhan gives readers a behind-the-scenes look into how he and other experts working for the plaintiffs’ lawyers pieced together a complicated scientific puzzle that convinced jurors of the company’s liability and the link between Roundup and NHL.

The book details what it was like for Nabhan to join the fight against Monsanto, explains how the trials affected his life’s trajectory, and highlights the struggles faced by plaintiffs suffering from cancer. The New Lede sat down with Nabhan to discuss the link between Roundup and NHL, his experiences at the trials, and what he thinks the public should know.

March 16, 2023

Monsanto accused of wrongly excluding non-US citizen from Roundup settlement

By Huanjia Zhang

(This story was originally published in Environmental Health News and is republished here with permission.)

Monsanto Co. and its corporate parent Bayer are facing a federal lawsuit for civil rights violations after they allegedly excluded a farmworker from a Roundup cancer settlement because of her immigration status.

According to the lawsuit, which was filed in the US District Court for the Western District of Virginia, plaintiff Elvira Reyes-Hernandez is a migrant farmworker who worked on Virginia tree farms between 2015 and 2018, during which she sprayed the herbicide Roundup regularly.

In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) listed glyphosate, the active ingredient in Roundup, as “probably carcinogenic to humans.” Over the years, a wide body of scientific evidence has also pointed to glyphosate exposure as causing an increased risk of non-Hodgkin lymphoma.

Reyes-Hernandez was diagnosed with non-Hodgkin lymphoma in 2019 and subsequently sued Monsanto, claiming that Roundup exposure had a role in causing her cancer.

“Monsanto is very likely making calculated risks based on the characteristics of the people who are using their products,” said Katy Youker, an attorney for Lawyers’ Committee for Civil Rights Under Law and a co-counsel for the case.

By excluding non-US citizens from the settlement program, she said, Monsanto is effectively putting up a huge barrier for migrant farmworkers — most of whom do not have citizenship but are at the forefront of Roundup exposure — from seeking restitution.

This case could send an encouraging message to migrant and undocumented farmworkers who wish to bring legal action against the company. However, legal experts and farmworker advocates are still pessimistic about the prospect of them coming forward, especially when facing a myriad of hurdles and obstacles.

March 1, 2023

California researchers link popular weedkiller to health problems in young adults

By Carey Gillam

Children exposed to a weedkiller commonly used in farming, as well as on residential yards and school playgrounds, appear to be at increased risk for liver inflammation and metabolic disorders in young adulthood and more serious diseases later in life, according to a study published Wednesday in the journal Environmental Health Perspectives.

The research, which was conducted by several California scientists and health researchers, including from the University of California, Berkeley School of Public Health, is the latest of many studies linking glyphosate herbicide to human health problems.

Glyphosate is better known as the active ingredient in Monsanto’s Roundup products as well as scores of other weedkilling brands sold around the world. The chemical is considered the most widely used herbicide in history, and residues are commonly present in food and water, as well as in human urine.

Monsanto and Bayer AG, which bought Monsanto in 2018, maintain that Roundup and other glyphosate-based herbicides are safe when used as directed, and say the weight of scientific evidence demonstrates that safety. But more than 100,000 people in the US have alleged exposure to the weedkiller caused them to develop non-Hodgkin lymphoma. Many independent scientific studies have linked glyphosate to cancers as well as liver disease, endocrine disruption and other health problems.

In the new study, researchers tracked 480 “mother-and-child duos” who live in the Salinas Valley of California, a key agricultural area, analyzing levels of glyphosate weed killer used in the area and levels of the weedkiller present in the urine of the mothers while they were pregnant and in the children as they grew. They also took into account levels of a degradation product of glyphosate known as AMPA in the urine of the study subjects. The researchers then assessed the liver and metabolic health of the children at the age of 18.

They concluded that higher levels of glyphosate residue and AMPA in urine in childhood and adolescence were associated with higher risk of liver inflammation and metabolic disorders in young adulthood. In addition, they found that agricultural use of glyphosate near participants’ homes from birth and up through age five was associated with metabolic disorders at age 18. Metabolic disorders in youth can lead to heart disease, stroke, type 2 diabetes, and liver disease later in life.

Both metabolic problems and liver disorders are increasing among children and young adults, according to the study.

September 2, 2022

Roundup litigation at turning point as Bayer rejects “global resolution plan”

By Carey Gillam

Fresh off a fifth-in-a-row trial victory, Monsanto owner Bayer AG is rejecting a proposed “global resolution plan” put forward by plaintiffs’ lawyers as a last chance to try to settle tens of thousands of pending Roundup cancer claims before a wave of new trials get underway, newly filed court documents show.

The company stance comes at a pivotal point in the ongoing nationwide litigation involving plaintiffs who allege they developed non-Hodgkin lymphoma (NHL) from exposure to Monsanto’s glyphosate-based weed killers, such as Roundup.

The group of law firms leading the cases in what is called “multidistrict litigation (MDL)” is asking US District Court Judge Vince Chhabria to approve a plan that would set a 60-day window in which both sides would try to forge a final global settlement that would cover the claims of roughly 30,000 plaintiffs.

If no settlement can be reached, the plaintiffs’ firms want the judge to start the process of dissolving the MDL and clearing waves of cases to go to trial in the states where they originated.

The plaintiffs’ law firms say the current court-approved settlement process, which has been ongoing for two years, is too slow and ties plaintiffs into a mediation process that provides only low-ball settlement offers to plaintiffs while delaying trials.

“The offers made within the settlement program appear to be woefully inadequate. Thus, a substantial number of MDL cases remain unresolved by the settlement program, and it is highly unlikely that these cases will be settled absent global resolution or an imminent trial setting,” the plaintiffs’ firms said in a Sept. 1 court filing.

In opposing the proposal, Monsanto lawyers said the current MDL structure should be maintained and the mediation process kept in place. The company lawyers argued that disbanding the MDL and sending “thousands of current and future cases to district courts throughout this country” would “bring chaos to bear.”