St. Louis

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.

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 3, 2022

Roundup trial starts in St. Louis

A St. Louis jury on Wednesday heard opening statements in a new Roundup cancer trial that is the latest in a long line-up of coming courtroom battles over allegations that Monsanto’s popular weed killer causes cancer.

Plaintiffs’ lawyer Gibbs Henderson told jurors that evidence in the case would persuade them that exposure to Roundup caused each of his three clients to develop non-Hodgkin lymphoma (NHL), while Monsanto lawyer Manuel Cachan said he would present evidence that would completely dispute any causal connection.

Henderson said in his opening statement that he expects Monsanto to rely heavily on assessments by the Environmental Protection Agency (EPA) that glyphosate, the main ingredient in Roundup, is “not likely” to be carcinogenic. But he said he and other lawyers representing the plaintiffs will show the jury a large body of scientific evidence showing the herbicide does cause cancer and that Monsanto engaged in tactics designed to hide that information from consumers.

Henderson said the plaintiffs’ side will prove Monsanto was negligent and acted in “reckless disregard” for the plaintiffs’ safety with respect to its Roundup products.

“We think the evidence is going to show that reckless disregard,” said Henderson.

July 26, 2022

New Roundup trial starts next week in St. Louis

A new Roundup trial is scheduled to get underway next week, as three cancer patients face off against Monsanto in the company’s former hometown of St. Louis, Missouri, alleging exposure to the company’s weedkilling chemical caused their illnesses.

July selection in the case is set to start August 1 in St. Louis County Circuit Court in Clayton, the seat of St. Louis County government. The three plaintiffs were chosen for the trial from the dozens of plaintiffs represented in a case titled Alesi v Monsanto.

Jurors will hear about the health problems of plaintiff Cheryl Davis, 70, who has suffered through two bouts with follicular lymphoma her doctors have told her is considered incurable, as well as the case of 65-year-old Marty Cox, who is in remission from diffuse large B cell lymphoma. Both of their lymphomas are types of non-Hodgkin lymphoma. Cox has a host of other medical issues including diabetes and has been a smoker. The third plaintiff is 75-year-old Gary Gentile who also has suffered from non-Hodgkin lymphoma (NHL).

All three were longtime users of Monsanto herbicides, such as Roundup, that were made with the active chemical ingredient called glyphosate. The International Agency for Research on Cancer in 2015 classified glyphosate as a probable human carcinogen with a positive association to NHL.

St. Louis County Circuit Judge Brian May issued an order July 27 allowing the trial to be livestreamed by Courtroom View Network from Aug. 3 through the completion of the trial, subject to certain conditions. The approval for the broadcast came despite objections from Monsanto.

March 24, 2022

Monsanto seeks “emergency” delay for St. Louis trial

Monsanto on Thursday asked a St. Louis judge to delay the start of a trial over claims brought by three men alleging exposure to Monsanto’s glyphosate-based herbicides, such as the popular Roundup brand, caused them to develop non-Hodgkin lymphoma.

Opening statements in the case of Neal v. Monsanto are expected next week. But on Thursday morning Monsanto requested a continuance “due to exigent circumstances.” The company did not detail its reasons in the filing.