Judge rules scientific evidence shows Roundup can cause cancer

RoundupA federal judge in San Francisco has ruled that plaintiffs have put forth reliable scientific evidence that exposure to Monsanto’s Roundup weedkiller can cause cancer. Andrus Wagstaff partner and National Trial Lawyers member Aimee Wagstaff is national co-lead counsel of that federal litigation and says she “is pleased [her] clients will have their day in court to hold Monsanto liable for their injuries.” The Honorable Vince Chhabria of the United States District Court of Northern California issued an order denying Monsanto’s requests to dismiss the case. Wagstaff says this is a huge victory nationwide for people harmed by Roundup exposure.

Thousands of people have filed lawsuits against Monsanto, the company which developed Roundup almost 40 years ago, with complaints that Roundup exposure caused their Non-Hodgkin’s lymphoma, a blood borne cancer. All of those lawsuits which were filed in federal courts throughout the United States were consolidated before Judge Chhabria in In re: Roundup Products Liability Litigation (MDL No. 2741). Under the federal rules, Judge Chhabria is charged with conducting all pre-trial proceedings in the combined litigation. Lead counsel for the plaintiffs in that litigation include Aimee Wagstaff, of Andrus Wagstaff, Denver, CO; Robin Greenwald of Weitz and Luxenberg of New York City, NY; and Mike Miller of the Miller Law Firm, of Alexandria, VA.

The proceedings before the Court involved the Court’s obligation under the Supreme Court case of Daubert v. Merrill to act as a gatekeeper to ensure that expert testimony offered at trial is founded upon sound scientific methodology. In an extensive written ruling, Judge Chhabria declared that plaintiffs proffered scientific testimony founded upon sound scientific principles and certain testimony that Roundup can cause Non-Hodgkin’s Lymphoma would be allowed to go to the jury in future trials. “Today’s ruling marks a significant victory in the fight for justice on behalf of our clients who were injured by exposure to Roundup,” said Wagstaff. “We look forward to our day in court and the opportunity to hold Monsanto accountable.”

Additional lawsuits have been filed in state court in Missouri, California, Montana, and Delaware. Those cases are following independent tracks to trial.

Florida Jury Awards $3.22 Million for Interrupted Cancer Treatments In Addition to Injuries Caused by Tractor Crash

In a two-week trial conducted by attorneys Brian Denney and Ed Ricci, a Palm Beach County jury awarded security guard Barry Davis $3,220,000 for damages incurred when his vehicle was struck by a tractor towing a grass mower. The verdict was based not only on Davis’s immediate injuries from the crash, but on his consequent inability to continue timely cancer treatments.

Tractor driver Dale Vannelli was hauling a large, heavy commercial grass mower called a bushhog when he hit Davis’s Ford Mustang on the driver’s side as Davis neared an intersection. Davis, who has been traveling 76 miles an hour in a 50 miles per hour zone, was airlifted to a nearby hospital, suffering a left hemopneumothorax, which required a thoracostomy; a splenic rupture, which required exploratory laparotomy and splenectomy; fractures of his left clavicle; and multiple rib, lumbar, and other injuries. He was hospitalized for 22 agonizing days of surgeries, therapy and rehabilitation.

Prior to the December 4, 2013 crash, Davis had been undergoing radiation treatment for a squamous cell carcinoma on his left cheek/jaw area, and the cancer had spread to his lymph nodes. For two months after the accident, due to his extensive injuries, he could not undergo critical cancer treatments. Less than two years later, doctors found that the squamous cell carcinoma had returned to Davis’s cheek and had already metastasized to the parotid gland. This diagnosis resulted in extensive surgery to remove the tumor, massive skin grafts from his right arm to repair surgical areas, and additional chemotherapy and radiation.

Because the crash with Vannelli had adversely affected his ability to treat his cancer successfully, Davis asked Board Certified attorney Brian Denney of Searcy Denney Scarola Barnhart & Shipley to represent him in a legal action to hold the tractor driver and his employer, South Florida Bushhog Service, Inc., accountable for the damages.

“There was no question that the tractor crash was the catalyst for a one-two punch that resulted in life-threatening injuries and unimaginable suffering for Mr. Davis,” said Denney. “When the defendants refused to accept responsibility, we were forced to take the case to court.”

Defendants maintained that Davis was solely liable for the crash because he was exceeding the speed limit, and that Davis’s recurrent cancer was not related to the interruption of treatment caused by the accident. They argued that, since Davis had a history of other superficial skin cancers, the recurrence on his left cheek would have occurred regardless of the crash. They also argued that Davis should not have been driving because he had received cancer treatments the day of the accident.

However, in the course of a two-week trial, the Searcy Denney attorneys disputed defense attorneys’ allegations with the sworn statements of a treating oncologist, who testified that the cancer recurrence was caused by the lapse in Davis’s treatments. The jury agreed.

Searcy Denney Scarola Barnhart & Shipley is a Florida-based trial law firm with more than 40 years’ experience handling personal injury cases. The firm has been named by U.S. News – Best Lawyers® “Best Law Firms” as a 2017 First Tier “Best Law Firm” in West Palm Beach for six practice areas and in Tallahassee for two practice areas.