A defense attorney in a trial accusing Monsanto and its weed killer Roundup of causing cancer in three people on Tuesday attacked the qualifications and resume of a toxicologist called as a plaintiff witness.
Attorney Manuel Cachan sought to portray Dr. William Sawyer, with Indiana-based Toxicology Consultants and Assessment Specialists, as being less than honest on his claims to expertise.
“You told the jury Roundup is genotoxic,” Cachan said.
“That’s correct,” Sawyer said.
“The section you failed (board certification test) was on genotoxicity.”
“There were questions on it (the subject of genotoxicity),” Sawyer responded.
“And you failed.” Cachan said.
“Yes.”
Sawyer, who took the test back in the 1990s, attempted to explain but was told by St. Louis County Circuit Judge Brian May, “Just answer the questions asked (yes or no).”
The trial in the 21st Missouri Judicial Circuit Court is being streamed live courtesy of Courtroom View Network.
The suit filed by the plaintiffs Marty Cox, Cheryl Davis and Gary Gentile asks for punitive damages for medical bills, treatments, physical pain and mental anguish. The three have different forms of Non-Hodgkin’s Lymphoma, a cancer. Cox was diagnosed with B-cell lymphoma, Gentile with high-grade-B-cell lymphoma and Davis with follicular lymphoma. The plaintiffs are in their 60s and 70s.
The case is of interest because Monsanto maintains a headquarters a few miles from the site of the courtroom; additional Missouri lawsuits against the company are pending and could be influenced by the trial's outcome. The hearing is also the first since the U.S. Supreme Court turned back an attempt by Monsanto lawyers to toss out suits in state courts based on federal preemption laws.
Sawyer began his testimony as an expert witness called by plaintiff lawyers on Monday. He was asked by plaintiff attorney Erin Wood if Roundup could cause Non-Hodgkin’s Lymphoma.
“Yes,” Sawyer responded.
Sawyer explained that the substance using a chemical called glyphosate can get into the bloodstream of animals or humans and that it blocks pathways in the body and alters DNA. It has the property to bind to a plant, shut it down and kill it.
Sawyer said a study of 24 workers who used the chemical spraying on plants in Ecuador revealed DNA damage. Another study of 137 women of reproductive age also showed physical abnormalities. A third study Sawyer said showed that Roundup was a promoter of tumors.
Is glyphosate carcinogenic to humans?” Wood asked.
“Yes,” Sawyer said. “Further studies validate it.”
During Tuesday’s session, Monsanto’s attorney Cachan went after Sawyer’s career qualifications in an attempt to show he was not qualified to make such statements.
“The jury was not told you were a full time litigation consultant for 30 years,” Cachan said.
“Correct,” Sawyer agreed.
“You’re not a medical doctor?”
Sawyer agreed.
“Can you practice medicine in any state?”
“No.”
Referring to Sawyer’s resume, Cachan said out of six (toxicology) certifications, five were inactive.
“You don’t run a lab anymore? Since 2002?”
Sawyer agreed.
“You don’t have a board certification from the American Board of Toxicology?”
“No.”
“It’s a preeminent board.”
“It is most generally recognized,” Sawyer said.
Cachan said Sawyer had taken a board certification test (American Toxicology Board) in the 1990s and failed the test twice.
“Yes, would you like an explanation why?” Sawyer asked.
“You’ll have a chance (to answer) with your lawyer later,” Cachan told Sawyer.
Cachan said Sawyer had failed a section on carcinogens.
“Yes, would you like my answer why?” Sawyer again asked.
“Listen to the attorney (yes or no),” Judge May said.
“The section you failed was related to Non-Hodgkin’s Lymphoma.”
“I don’t recall what was related to NHL,” Sawyer said.
Sawyer attempted to expand his answer.
“Just answer the questions asked,” May said.
“You use a website to advertise to clients,” Cachan said.
“Yes.”
“That’s where they obtain information?”
“Sure.”
“It’s important for a website to be accurate.”
“Yes.”
“You described yourself as a board certified toxicologist, then you took it out,” Cachan said.
“The board closed down,” Sawyer said.
Cachan said LinkedIn, a web page listing the qualifications of professionals, described Sawyer as an American Board of Forensic Examiner (ABFE).
Sawyer said he had paid no attention to the web page, that it was inaccurate and would be updated.
“You are holding yourself as board certified when you’re not,” Cachan said.
“True, I can explain,” Sawyer said.
“The idea you’re certified when you’re not, can you see how a jury would see it that way?”
Sawyer agreed.
Cachan said the ABFE Board that Sawyer had said had been closed was because its founder Dr. Robert O’Block had been convicted of murdering his girlfriend in 2017 (O’Block committed suicide) . A Washington Post article had referred to O’Block as the “emperor of junk science.”
“He (O’Block) would certify anybody, he would me if I sent him money,” Cancan said. “You did not disavow yourself from that organization and after taking it off your web page you still kept it on your LinkedIn page.”
“Not intentionally,” Sawyer said.
Cachan said Sawyer himself had used the product Roundup right up to 2019. Sawyer agreed.
Cachan cited a 2018 Andreotti Agricultural Health Study which concluded, “No association was apparent between glyphosate (Roundup) use and solid tumors or lymphoid malignancies.”
“There was no association for any NHL sub-type,” Cachan said.
“No,” Sawyer disagreed. “There was for T-cell lymphoma.”
“It does not support a connection for NHL, true or not true?”
“Only T-cell and there’s a reason for that,” Sawyer answered.