A 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.