Monsanto Co. is fighting back against the $289 million jury verdict for its glyphosate product, ROUNDUP®. On September 19, 2018, Monsanto filed two post-trial motions for relief with the Superior Court of California: motion for new trial and motion notwithstanding the verdict (JNOV) in attempts to overturn the verdict against its $6.6 billion product, where a jury found caused a plaintiff’s non-Hodgkin’s Lymphoma.
In both of its motions for relief, Monsanto argues primarily the issue of causation. Specifically, Monsanto argues that the type of non-Hodgkin’s Lymphona suffered by the plaintiff, Dwayne Johnson, mycosis fungoides, was not caused by the glyphosate compositions in Roundup, and the evidence introduced at trial was insufficient to show “reasonable medical probability” that rises to a level to demonstrate a causal link between Roundup and Johnson’s terminal illness. Without the causation, Monstanto continues to argue in its motion for new trial, there is no justification for the compensatory and punitive fees awarded by the jury, which it deemed as “excessive.” Further, Monsanto pointed to a lack of conclusive scientific evidence introduced at trial to argue the lack of a causation supports its motion for JNOV. Indeed, Monsanto’s briefs attacked the World Health Organization’s IARC finding that glyphosate is a carcinogen, which was used extensively by the plaintiff in trial. Monsanto even raised the fact that multiple international regulatory agencies have deemed glyphosates as non-carcinogenic.
Furthering its arguments, Monsanto asserts that no evidence introduced at trial could show that its executives “willfully and knowingly disregarded a risk” that glyphosates caused non-Hodgkin’s Lymphoma.
Monsanto even went so far as to accuse the judge of acting as a “thirteenth juror” (California state juries are composed of twelve-member panels).
The hearing on the motions for relief are scheduled for the afternoon of October 10, 2018. We will continue to update the blog with any further developments.