Philadelphia – The first trial of the national Roundup litigation, a major event that could set the tone for upcoming cases, opened in Philadelphia, known for its active products liability docket. Attorney Thomas R. Kline, leading the trial and a finalist for The Legal Intelligencer’s Attorney of the Year, has emerged hopeful due to the strategic shifts and thorough examination of scientific evidence his team employed.
Kline’s representation of 83-year-old Philadelphia resident Ernest Caranci, who suffers from non-Hodgkin’s lymphoma attributed to long-term Roundup usage, has been both professionally and personally impactful. The most striking moment of the trial came not during Caranci’s testimony but as he stepped down, nearly falling, only to be caught by Kline. This poignant incident underscored the gravity of legal representation in product liability cases.
Kline recounts the emotional weight of informing Caranci away from the courthouse about the jury’s verdict in his favor, awarding him $175 million. Over recent months, Philadelphia juries, under Kline’s guidance, have awarded over $2 billion in similar cases, marking a significant turn in the nationwide litigation and potentially revitalizing the legal challenges against Monsanto.
The successful outcomes, according to Kline, stem from a revamped approach, which included deep dives into the scientific analysis and prior testimonies. Collaborating with Jason Itkin of Arnold & Itkin and other lawyers, significant changes have been strategized to strengthen the plaintiffs’ positions. “We stripped to the bone the prior trials and saw a number of things which we thought we could change into a winning strategy,” Kline explained regarding the evolution of their tactics.
Kline emphasized that the World Health Organization’s International Agency for Research on Cancer’s 2015 report, which labeled a key ingredient in Roundup as a probable carcinogen, was pivotal. This piece of evidence allowed the team to pivot the courtroom discussions to heavily focus on causation and the erratic behavior of the defendants, Monsanto.
Choosing to highlight Caranci’s case first, given his direct, prolonged exposure to Roundup, proved to be a strategic move. The inclusion of testimony from well-qualified experts, including a toxicologist, was instrumental in undermining Monsanto’s defenses.
Not long after Caranci’s victory, another Philadelphia jury ruled against Monsanto, awarding $3.5 million to another plaintiff, and Kline secured a staggering $2.25 billion in McKivison v. Monsanto at the start of 2024. These consecutive victories have not only influenced public perception but also shaped legal proceedings in subsequent Roundup-related cases.
Handling these high-stake litigations, Kline also co-liaisoned all Roundup cases alongside Rosemary Pinto of Feldman and Pinto, showing a collaborative effort in managing the multitude of claims. This role involved consistent meetings with Kline & Specter’s mass tort partner Tobi Millrood to address thousands of day-to-day decisions concerning client strategies and case details.
Kline’s comprehensive approach to trial preparations, focusing on witness presentations and the clear conveyance of complex information to juries, highlights the extensive groundwork required in such massive litigations. “Lawyering in cases like this is a team sport,” Kline asserts, comparing courtroom strategies to a high-stakes game where both offensive and defensive plays are crucial.
Beyond legal triumphs, Kline’s commitment to broader public safety issues and justice is evident through his participation in various initiatives, including challenging Pennsylvania’s cap on damages in personal injury cases and leading investigations that have prompted national safety recalls, like that of a particular line of hoverboards.
Ultimately, the outcomes of these trials stand as a testament to meaningful access to justice, with broader implications for public health and corporate accountability. Through perseverance, strategic litigation, and robust teamwork, substantial compensation for those wronged by negligent corporate actions becomes a more attainable reality.