Attorneys defending Monsanto in a trial accusing the company’s weed killer Roundup of causing the cancers in three plaintiffs said that while some studies show a possible link and some do not---absolute proof is lacking.
They also sounded a continuing theme, that each of the three plaintiffs have different forms of non-Hodgkin’s lymphoma (NHL), and are undergoing three different patient treatment programs. Therefore, logically, the cause can’t be from just one source (Roundup).
“You can’t say glyphosate does cause non-Hodgkin’s lymphoma?” defense attorney Jennifer Saulino asked.
“I agree,” said Dr. Marc Braunstein, a blood doctor and specialist on lymphoma.
The trial in the 21st Missouri Judicial Circuit Court is being streamed live courtesy of Courtroom View Network.
Glyphosate is an ingredient in Roundup.
The suit filed by 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 (NHL), 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.
Glyphosate was added to a list of hazardous materials in July of 2017 by the Office of Environmental Health Hazard Assessment (OEHHA). This after the International Agency for Research on Cancer (IARC) determined the substance is an animal, and thus probably a human carcinogen.
However, the Environmental Protection Agency (EPA) has said there are no risks from the chemical to humans when it is used in accordance with its labeling. The EPA enacts laws while the Department of Pesticide Regulation (DPR) oversees enforcement programs.
Braunstein, a New York-based doctor with the NYU Langone Health clinic, a medical patient care and cancer research center, was called as a plaintiff expert witness on Thursday and Friday. On Thursday he told plaintiff attorney Gibbs Henderson after review of the three cases there was sufficient exposure and evidence to make a causation between glyphosate and NHL in the three plaintiffs.
He added that he had ruled out other possible cancer causes such as smoking and obesity.
On Friday, Saulino sought to show that suspicion is not absolute proof.
“You would agree for the vast majority of patients, you can’t pinpoint a (cancer) cause?” she asked.
“Yes,” Braunstein agreed.
“You’ve never told a patient that Roundup caused their cancer."
Braunstein agreed.
“The only time (testifying to a possible cancer link) is when you have been hired by plaintiff lawyers.”
“In this context yes,” Braunstein said.
“You have never published an (scientific) article about NHL?”
“Correct.”
“You’re aware the EPA says it (Roundup) does not cause NHL?”
“I’m aware,” Braunstein answered.
Braunstein agreed that NHL is an “umbrella” term for a number of diseases.
“There are different (cancer) causes and different (patient) treatments,” Saulino said.
“Yes,” Braunstein responded.
Saulino said and Braunstein agreed that Cox had the most common form of NHL, Davis the second most common. Cox’s is more common in white men while Davis’ is more common among white women. Gentile has what is called “double hit lymphoma” meaning a rearrangement of his DNA. The three are undegoing chemotherapy treatments and have an approximate 40 to 50% chance of a recurrence of the disease.
Saulino said a study result can be skewed by what are called “confounding factors,” for example, failure to consider the possible exposure to pesticides other than Roundup.
“You would agree that after we adjust for other pesticides, there is no significant statistical risk for NHL?”
“I think that’s correct,” Braunstein answered.
Saulino referred to an Agricultural Health Study whose Andreotti (co-author’s name) addition was written and published in 2018. The study had concluded, “We observed no association between glyphosate and overall cancer risk, including NHL.”
“It’s the largest study (AG Health) on glyphosate,” Saulino said.
“I agree,” Braunstein responded.
“The authors found no statistical relationship between glyphosate and cancer risk.”
“Yes.”
“Also T-cell (cancer).”
“Yes.”
On re-direct, plaintiff attorney Henderson attacked what he said was the questioning by Saulino, which asked for 100% certainty of glyphosate as the cause of the cancers.
“We heard her (Saulino) say many times, “Can you say with certainty?” Henderson said. “Do you typically give your opinions by saying…you know (for certain)?”
“We would like to say that,” Braunstein said. “But it (cancer cause) is not medically certain.”
“With smoking, can you say with 100% certainty it (cancer) was caused by smoking?”
“No.”
“Is there a risk factor (assigning cause)?”
“Yes,” Braunstein said.
“Do you consider glyphosate a risk factor for each of the three plaintiffs?”
“Yes.”
Henderson asked Braunstein if the Erickson Study (2003) of glyphosate accounted for other possible pesticide exposures.
“Yes,” Braunstein said.
“Was there a risk (in the study) from glyphosate and was it significant?”
“Yes.”
“Was there more than a doubling of the risk?”
“Correct.”