Non-Hodgkin lymphoma

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.”

September 1, 2022

Jury finds for Monsanto in St. Louis Roundup cancer case

By Carey Gillam

After brief deliberations, a St. Louis jury on Thursday sided with Monsanto in the latest Roundup cancer trial. The win puts Monsanto and its German owner Bayer AG at five trials won versus three won by plaintiffs. The jury took only a few hours to reach the defense verdict.

The decision in favor of the company came after a lawyer for three cancer patients failed to convince jurors that his clients’ exposure to Monsanto herbicides caused their illnesses, as a lawyer for the company insisted that scientific evidence proves the products are safe.

The five-week trial closed as it began – with starkly different presentations about decades of scientific studies about glyphosate, the active ingredient in Roundup weed killer and other herbicides, and with evidence about Monsanto efforts to thwart concerns that its products might cause cancer.

The case is part of the sprawling nationwide litigation that began in 2015 after the International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen. More than 100,000 people in the US have brought claims alleging they developed non-Hodgkin lymphoma (NHL) after long-term use of Monsanto’s glyphosate-based herbicides, including Roundup.

Bayer, which bought Monsanto in 2018, has settled the majority of the cases, but this was the eighth to go to trial. Many more are scheduled over the next several months and into next year.

August 26, 2022

For first time, Bayer CEO targeted to give testimony in Roundup litigation

By Carey Gillam

Bayer AG CEO Werner Baumann can be required to provide testimony in ongoing Roundup litigation despite efforts by Bayer to block such action, according to a recent court order.

A judge in Arkansas ruled that lawyers for plaintiffs in the litigation may travel to Germany, where Bayer is based, and take deposition testimony from the executive to be used as evidence. The judge directed Baumann to sit for the questioning within 90 days. The order is a first in the sweeping Roundup litigation, which began in 2015.

Baumann was instrumental in driving Bayer to buy Monsanto in 2018 for $63 billion, and he has been the public face for the company’s continued insistence that Monsanto’s Roundup, and other glyphosate-based herbicides, are not carcinogenic.

The plaintiffs lawyers say it is these representations by Baumann and others that open up Bayer to allegations of “fraudulent concealment,” and is part of the reason they want to depose him. The evidence and trials held to date have focused on scientific studies that mostly predate the acquisition, as well as internal Monsanto documents and other records, but have not explored corporate actions by Bayer.

Lawyers for Bayer sought a protective order preventing a deposition of Baumann, and on Thursday asked the judge to reconsider his ruling, saying reconsideration is needed to prevent a “miscarriage of justice.” The company said additionally that if the court will not reconsider, it wants the deposition conducted “in accordance with the Hague Convention.”

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August 23, 2022

Bayer facing long line-up of new Roundup trials as cancer takes toll

Cancer has taken an unrelenting toll on 72-year-old Mike Langford. After being diagnosed with non-Hodgkin lymphoma (NHL) in 2007 he suffered through five recurrences despite multiple rounds of chemotherapy and a stem cell transplant. Now he struggles with chemo-related neuropathy in his arms and legs, and new tests show the cancer is back.

Langford blames his cancer on his longtime use of the popular weed-killing product Roundup, which he applied countless times over decades using a backpack sprayer around his five-acre California property and a vacation lake home. He alleges in a lawsuit that Monsanto, the longtime Roundup maker now owned by the German company Bayer AG, should have warned of a cancer risk.

Last month, a San Francisco judge ruled that Langford’s health is so poor that he is entitled to a speedy hearing of his claims. A trial is set for Nov. 7 in San Francisco County Superior Court.

“I’ve had it so long. I’m very angry,” Langford said in an interview, a day after doctors biopsied an enlarged lymph node. “The future doesn’t look too terribly promising,” he said, trying to hold back tears. He learned last week that the preliminary biopsy results show a return of NHL.

August 19, 2022

New study says glyphosate may be linked to neurodegenerative diseases

Glyphosate, the world’s most widely used weed killer, can reach the brain and cause inflammation associated with neurodegenerative diseases such as Alzheimer’s Disease and Parkinson’s Disease, according to new research. These findings add to growing concerns and controversies that agricultural chemicals are leaving a damaging impact on human health and the environment.

The researchers conducted their study by dosing mice with glyphosate. After 14 days of exposure, they found the herbicide present in their brain tissue.

These results are the first time scientists have identified glyphosate present in brain tissue, said Ramon Velazquez, an assistant professor studying neurodegenerative diseases at Arizona State University and a senior author of the study

Velazquez and a team of scientists from Arizona State University, the City of Hope Comprehensive Cancer Center, and the Translational Genomics Research Institute published their work last month in the Journal of Neuroinflammation.