Philadelphia, PA — A Philadelphia jury held Monsanto liable for $78 million on Thursday, citing that the company’s prominent herbicide, Roundup, played a crucial role in causing a local man’s blood cancer. This significant verdict adds to the growing number of legal challenges facing the agricultural behemoth over the safety of its product.
William Melissen, 51, who has used Roundup since 1992, was diagnosed with non-Hodgkin’s lymphoma in 2020. Alongside his wife, Margaret, Melissen initiated a lawsuit against Monsanto and its parent company, Bayer, a German conglomerate, claiming that his prolonged exposure to the herbicide’s chemicals led to his diagnosis. The case was filed in 2021 in the Philadelphia Court of Common Pleas.
This lawsuit is just one among thousands across the United States, including several in Philadelphia, accusing Monsanto of negligence by failing to provide sufficient warnings about the dangers of its weed killer.
In previous cases, Philadelphia juries have ruled both for and against Monsanto concerning the safety of Roundup. For instance, just last month, although a jury acknowledged Roundup as defective, it did not link it to the cancer of an Erie County man. However, earlier this year, a different Philadelphia jury awarded a man from Lycoming County $2.25 billion in a similar case, although this amount was later reduced to approximately $400 million.
The arguments presented in court were markedly contrasting, with Melissen’s representation illustrating a narrative of corporate irresponsibility. Tom Kline, of the Kline and Specter law firm, accused Monsanto of manipulating evidence and hiding the potential risks of Roundup for decades.
Kline emphasized the company’s alleged dishonesty in his opening statement, arguing that Monsanto’s failure to disclose the truth about the hazards of their products has led to significant human suffering.
On the other hand, Monsanto’s defense, led by Bart Williams, a partner at Proskauer Rose based in Los Angeles, focused narrowly on whether Roundup could be directly blamed for Melissen’s specific cancer diagnosis.
Williams stressed to the jurors that the case should not be treated as reflective of broader accusations against the company. Throughout the trial, he pointed to evidence including testimony from Melissen and his physician that indicated Melissen’s cancer is currently in remission following a single round of chemotherapy over five days.
Concluding the nearly month-long trial, Kline urged the jury in his closing argument to make a statement with their verdict by imposing punitive damages against Monsanto. He called for a verdict in “Monsanto dollars,” a phrase suggesting a substantial financial penalty.
The jury, after deliberating for less than three hours, awarded Melissen $3 million in compensatory damages and a striking $75 million in punitive damages, delivering a clear message about the jury’s stance on Monsanto’s responsibility.
Following the verdict, Kline highlighted the jury’s recognition of what he described as the “outrageous conduct of Monsanto over 50 years.” Meanwhile, Monsanto expressed disagreement with the verdict, citing lack of evidence that Roundup causes cancer and pointing out purported trial errors that the company believes could strengthen their grounds for an appeal.
Monsanto had previously sought to halt the Melissen trial, arguing for dismissal based on an August decision by three judges on the U.S. Court of Appeals for the Third Circuit, which ruled that Pennsylvania state law cannot mandate broader pesticide warnings than those approved by the Environmental Protection Agency. However, this request was denied, allowing the trial to proceed.
The case, fraught with contentious debates and legal nuances, underscores ongoing concerns about the safety of widely used agricultural products and the corporate responsibility of their manufacturers. As Monsanto prepares for an appeal, the repercussions of this verdict may prompt further scrutiny and potentially lead to more stringent regulatory measures on pesticide labeling and safety disclosures.