One of three plaintiffs suing Monsanto for its weed killer Roundup that he claims caused him to develop non-Hodgkins lymphoma said he used the product as a spray to kill weeds and was unmindful of the chemical’s danger.
“I didn’t think anything about it (spraying),” Gary Gentile told the court. “If it didn’t have a skull and crossbones on it, I didn’t think it would bother me. I used it.”
The trial in the 21st Missouri Judicial District Court is being streamed live courtesy of Courtroom View Network.
The suit filed by plaintiffs Marty Cox, Cheryl Davis and 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, the active ingredient in Roundup, 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.
Gentile and his wife Mary both testified on Wednesday. Mary Gentile told plaintiff attorneys about the emotional toll of her husband contracting cancer and how it had changed their lives. The couple, retired, live in Mims, Fla., and have grown children.
Plaintiff attorneys exhibited photos of their lakeside home.
“I did a lot of landscaping,” Mary Gentile said.
“What did you use to spray the weeds?”
“Roundup.”
Gentile said she did not wear gloves during spraying.
She said her husband Gary first noticed a lump on his body (he thought at first it was a hernia) that after an examination doctors identified as cancer.
“What was your reaction?” Gentile was asked.
“We were taken aback,” she said. “We had thought we had things going (she broke into tears). We were scared.”
Mary Gentile said her husband underwent chemotherapy treatments including a needle implant on his body through a port in his chest that released the drugs that she described as “very painful.” A battery driven bag with the chemical was also attached and when the bag emptied he would return to the doctor for a refill of chemo.
Other symptoms of the chemo included nausea, a bad taste in the mouth and loss of appetite.
“I had to become his care giver and do all the (household) work. I took care of everything,” she said.
Defense attorneys briefly questioned Gentile on cross examination asking her if she could identify the type of container, yellow or white, of the Roundup her husband had used. She said she could not remember it.
“None of the doctors told you Roundup was the cause (of Gary Gentile’s cancer).”
Mary Gentile agreed.
Gary Gentile appeared on the stand next.
Attorneys showed a photo of him in his hospital bed with a bald head having lost his hair from the chemo treatments. He said he had the anti-cancer drug Nuelasta injected into his stomach. The device connected to him made a “whoosh” sound as it pumped the chemo in.
“I didn’t sleep much at night,” Gentile said. “My whole body was sore, achy.”
Asked about his mental condition during the treatments, Gentile said he went into a depression.
“It got me down,” he said. “My wife would try to keep me up, that I was getting better.”
As a result of the treatments, the cancer currently is in remission.
Gentile said he had to give up favored hobbies like fishing and attending car shows.
“My voice is raspy, this is not my normal voice,” he said. “I’m weak, my energy level is down. I’m not the person I used to be.”