Judge to allow controversial evidence in Roundup trial

RoundupA federal judge overseeing lawsuits over Roundup weed killer is tentatively allowing evidence that defense attorneys wanted excluded, Reuters reports. US District Judge Vince Chhabria says attorneys may introduce some evidence that Monsanto tried to ghostwrite studies and influence the findings of scientists and regulators, calling it “super relevant.” Plaintiff’s attorneys say corporate misconduct is inextricably linked to their claims that glyphosate, a chemical in what Reuters calls “the world’s most widely used herbicide,” can cause cancer. According to Reuters:

Under Chhabria’s order, that evidence would be allowed only if glyphosate was found to have caused plaintiff Edwin Hardeman’s cancer and the trial proceeded to a second phase to determine Bayer’s liability.


The order applies to Hardeman’s case, which is scheduled to go to trial on Feb. 25, and two other upcoming cases. There are some 620 Roundup cases before Chhabria, out of more than 9,300 nationwide.

Podcast: What’s next for Bayer after Roundup verdict

RoundupBayer may be suffering from buyer’s remorse after buying Monsanto, the maker of Roundup, last year. A California jury has awarded $289 million dollars to a groundskeeper who blames Roundup for causing his cancer. Bayer’s stock dropped 10 percent after the verdict. What’s next for the weedkiller maker? In this podcast, Marketplace reports that Bayer will likely face increasing legal costs as well as possible consumer backlash.

NTL Executive Committee member Kimberly Dougherty talks about Essure

Kimberly DoughertyWe are pleased to advise that recently Bayer announced by the end of December, they would be discontinuing the sale of Essure®, a permanent contraceptive. Many women decided to go with the Essure® implant because it was marketed as a device that does not require surgery. Sadly, thousands of women have had to have extensive surgery to remove the device as a result of significant, debilitating injuries that the device causes.

The removal of the device from the market is a major step in the right direction for the women who have been hurt by this device. The FDA ordered in April that the sale and distribution of Essure® be restricted and threatened to invoke criminal penalties if Bayer didn’t tell patients about the serious health risks associated with the product. The FDA stated, “For women who have received an Essure® implant, the postmarket safety of Essure® will continue to be a top priority for the FDA. We expect Bayer to meet its postmarket obligations concerning this device.”

Managing Partner Kim Dougherty and others at Andrus Wagstaff, PC have been working tirelessly to hold Bayer accountable for the pain and suffering so many women are suffering. Ms. Dougherty was appointed to the Executive Committee of the JCCP for the Essure® litigation pending in Oakland, California. If you would like to reach out to her to discuss Essure® and any potential cases you may have you can reach her at 508-230-2333 or at kim.doughtery@andruswagstaff.com. You can also read more about Essure® on our website.