Arnold & Itkin Wins $175 Million Roundup Verdict
Thousands of pending cases from victims of Roundup were consolidated into a multidistrict litigation (MDL) in Philadelphia, including a case our firm was investigating. At that point, Monsanto had been enjoying a long period of legal victories. In May 2019, a jury awarded a couple more than $2 billion dollars in damages from Bayer/Monsanto, but that amount was later reduced to $86.7 million. Bayer, the parent company of Bayer/Monsanto, agreed to pay up to $10.9 billion to settle lawsuits related to Roundup. But it set aside only $1.25 billion for future lawsuits over Roundup; as far as most legal battles were concerned, they were winning.
Our client's suit was scheduled first in the MDL, which put additional pressure on our work. In an MDL, any favorable evidence or testimony can be reused in later cases; the degree to which any given plaintiff wins sets a precedent, for better or worse, for all other plaintiffs following. The first victory puts a number on fair settlement; if we lost (or won a pittance), Bayer (Monsanto's new owner) would have leverage to settle cases for less than what plaintiffs deserved. So for us to go first meant we had to deliver for our client and all other plaintiffs seeking justice in the MDL.
Thankfully, the 12-person Philadelphia jury awarded our client $25 million in compensatory damages…and $150 million in punitive damages against Bayer. We set a high price on the harm Roundup did to thousands of lives while ensuring our client would be taken care of the rest of his life.
Glyphosate Testing Brought Warning for Humans
Glyphosate is currently one of the most popular herbicides in the world. However, recent studies have shown that this chemical may be a leading cause of cancer. The data traces back to 1985, when a glyphosate study was conducted on mice. There was shown to be a direct connection between the growth of tumors in mice and the glyphosate chemical. This study led the United States Environmental Protection Agency to list glyphosate as possibly carcinogenic to humans. However, since the 1985 study had no direct evidence that connected the results to humans, the EPA changed the status of the study to evidence of non-carcinogenicity in humans. Later tests proved that glyphosate caused DNA and chromosomal damage in human skin cells. These results were frightening, but they did not necessarily prove that the chemical was carcinogenic.
Then, in 2017, the Office of Environmental Health Hazard Assessment (OEHHA) determined that glyphosate would be added to the list of chemicals that cause cancer in humans.
Monsanto, the maker of Roundup, which contains glyphosate, denied that the product contained any chemicals known to cause cancer. Monsanto sued OEHHA for the potential classification, but the California Supreme Court rejected Monsanto’s request for a stay.
Experts warn that glyphosate isn’t the only cause for concern with Roundup. The chemical works in tandem with detergents called surfactants to penetrate the surface of plants, allowing glyphosate to reach and kill cells. They theorize that these surfactants might also help the chemical make its way past human skin, where it can reach cells and damage DNA.
Roundup Suggested to Be the Cause of Non-Hodgkin’s Lymphoma
For one cancer patient with non-Hodgkin’s Lymphoma, the cause of her ailment was an enigma. For 12 years, she pondered what triggered the cancerous cells to multiply within her body—the same cells that caused her left leg to swell. After years of consideration, the report that glyphosate, the key ingredient in Roundup, was probably carcinogenic to humans was released. The woman no longer wondered what had caused her non-Hodgkin’s Lymphoma because she had found her answer. She had run a coffee farm in Hawaii for five years. To fight the weeds that were choking her coffee plants, she used Roundup. She is now firmly convinced that five years of Roundup use is the cause of her disease.
A study published by the Journal of the American Medical Association revealed that Southern California residents over the age of 50 had large quantities of glyphosate in their systems. In fact, the difference between the 1996 and 2016 studies proved that 2016 California residents carried 500% more glyphosate in their systems than their 1996 counterparts. In a United Kingdom trial, rats were fed glyphosate throughout their lives, and the research concluded that glyphosate contributed to a higher risk of fatty liver disease in rats.
The bad news of this revelation is that the subjects of the 2016 study had traces of glyphosate in their system that was 100x more potent than the traces in the rats.
The scientist is continuing his research into the effects of glyphosate by obtaining more samples of urine from Southern California residents. His ultimate goal is to prove how glyphosate is making its way into humans by determining if inhaling Roundup is better or worse than consuming plants treated with Roundup.
Another study, published in early 2019 in Science Direct, found that humans who had significant exposure to glyphosate also had a 41% higher chance of developing cancer. After looking at studies related to humans, researchers compared their findings to other research conducted on animals such as mice and rats. They found a “compelling link" between exposure to herbicides that use glyphosate and non-Hodgkin's Lymphoma.
The Problem Is Compounded by Resistant Weeds
Roundup usage has trended upward over the years, and it's not necessarily due to more farmers using the product. Weeds are powerful plants that adapt to their environments rather quickly. Farmers have been messing with the genetic mutations of plants and crops, and weeds have been growing alongside these developments. For this reason, weeds have become more and more resistant to commonly used pesticides. Glyphosate-resistant weeds became an issue in early 2000. The problem has only grown. Farmers have two options for getting rid of resistant weeds. They can either use more Roundup, which is possibly the reason why glyphosate has been seen so often in humans, or they can revert to heavier, more toxic pesticides. Either way, glyphosate-resistant weeds could pose serious health-risks to the farmers of the next generation.
If Roundup Is Dangerous, Why Is It Still Being Sold?
While farmers use a lot of Roundup, they’re not the only group of people who’ve come to rely on the product. Home gardeners, railroad workers, groundskeepers, landscapers, and other groups of people use Roundup to kill weeds. While many people have heard the warnings regarding Roundup, they ask a fair question: if Roundup is so dangerous, why is it still on store shelves? This is a question that doesn’t have a simple answer. Our blog on the subject helps to explain why Roundup is still being sold.
Notably, alarming studies studies have prompted some European countries to consider banning Roundup. In fact, Bayer/Monsanto has altered the Roundup formula in Europe in response to concerns from various governments there. While the Environmental Protection Agency (EPA) has not confirmed that Roundup is dangerous, critics of the agency point out that it used Monsanto-funded studies to make decisions. In other words, some believe that the EPA’s inaction might have been influenced by bias.
Why Doesn’t Bayer/Monsanto Stop Making Roundup?
While it might seem absurd to some that Bayer/Monsanto has set aside billions in funds to settle future lawsuits rather than pull Roundup from shelves, the decision makes sense if one focuses on profits instead of safety.
In 2015, Roundup produced nearly $5 billion in revenue.
Simply put, Bayer/Monsanto doesn’t want to stop selling Roundup because the product is successful enough to make up for the staggering losses associated with it in just two years. For Bayer/Monsanto, settling losses is simply the cost of doing business.
Holding Bayer/Monsanto Accountable for the Use of Glyphosate
At this time, many farmers are seeking retribution against Bayer/Monsanto for their cancer complications. Farmers and peoples in farming communities who have been diagnosed with non-Hodgkin’s Lymphoma are using their legal right to sue to hold Bayer/Monsanto accountable for believed negligence. Arnold & Itkin is proud to join the fight against Bayer/Monsanto and to represent communities who are suffering from cancer complications believed to be caused by Roundup. If you have used Roundup to clear out weeds at home, in farming, or if you live near a farm community that relies on Roundup, your story is worth fighting for. Do not take your ailment lying down. Stand against the company that caused you and your family harm.
Call (888) 493-1629 for a free consultation. Do not let glyphosate ruin your life. Get the answers you need now.
