https://www.wsj.com/articles/round-up-the-usual-lawyers-1534375738
The world’s most widely used herbicide isn’t carcinogenic, but it’s now a corporate toxin. On Friday a California jury ordered Monsanto to pay $289.2 million in damages for failing to give sufficient warning about the “substantial dangers” of its signature weed killer known as Roundup. Shares of Bayer, which recently acquired Monsanto, have plummeted this week in anticipation of a legal onslaught from plaintiff lawyers.
The San Francisco Superior Court case involved Dewayne “Lee” Johnson, who was diagnosed with non-Hodgkin lymphoma in 2014. Working as a school groundskeeper, Mr. Johnson routinely used Roundup, and he now claims its active ingredient, glyphosate, caused his cancer. The jury examined gory photos of the lesions that covered up to 80% of his body, and in testimony Mr. Johnson described how even wearing clothing caused excruciating pain. Such emotional testimony would elicit sympathy in any jury of human beings.
But legal claims are supposed to be about the law and evidence. And the problem for Mr. Johnson is that there’s overwhelming scientific evidence that glyphosate does not cause cancer. One comprehensive study, published last November in the Journal of the National Cancer Institute, investigated cancer incidence among nearly 45,000 licensed pesticide applicators who had been exposed to glyphosate.