At times fighting back tears, plaintiff Sharlean Gordon described for a jury the agony of going through painful medical treatments and the fear and uncertainty she endured from the non-Hodgkin’s lymphoma she claimed came from using Monsanto’s weed killer Roundup.
“I’m so thankful I’m still here today,” she said. “I feel blessed. I try not to give in to fear.”
Later in the day on Friday, defense attorneys for Monsanto attempted to focus attention on Gordon’s anxiety attack disorder diagnosed in 2005 as a possible cause of her cancer and noted that medical treatment records for the disorder had not been submitted with other lawsuit papers. Gordon said she had burned the (anxiety) medical records.
The trial in the 21st Missouri Circuit Court in St. Louis County is being streamed live courtesy of Courtroom View Network.
Plaintiff Gordon claims that Roundup caused her to develop NHL, also called large B-cell lymphoma (DLBCL), a rare cancer of the blood. Diagnosed with the disease in 2006, Gordon underwent treatments and the cancer went into remission but recurred requiring further treatments. Gordon was in remission after 2009 but she still has to visit doctors checking for a possible relapse.
The lawsuit seeks damages for medical bills, anxiety, physical pain and suffering caused by the disease including the continuing worry today that it could again recur.
In her direct testimony, Gordon told the court her life before her cancer was that of a normal single mother caring for her children, enjoying family activities such as outdoor activities, swimming, cookouts, fishing and movie-going.
“When did you first use Roundup?” Gordon’s attorney Aimee Wagstaff asked.
“It was 1991,” Gordon said.
“Did you have any idea Roundup could be a carcinogen?”
“No.”
“If the label had said it could be a carcinogen would you have used it?”
“No.”
Gordon said she had smoked as a teenager and an adult but quit in 2009.
She also said she had suffered from and been treated for agoraphobia (anxiety attacks) in the early 2000s after the death of a step-father.
In 2006, she noticed a swelling in her groin area. She was diagnosed with NHL.
“What was that like?” Wagstaff asked.
“It floored me,” Gordon said, “after everything we’d (family) been through. My children had to go through this at such a young age. I tried to stay positive for my mom and the kids but it was a very hard time.”
Initial medical treatments were unsuccessful. Gordon had to undergo a stem cell transplant.
“I was told do the transplant that I had nothing to lose and we have to act fast,” she said. "I was the first person with this type of aggressive cancer to have a stem cell transplant.”
A photo was exhibited of Gordon lying in a hospital bed in Chicago with hoses connected to her including her nose. She underwent radiology and chemotherapy.
“My stomach felt like it had hot coals in it and fluid drained off me into a bucket,” she recalled. "The fluid was green. It looked like it glowed.”
Gordon described the first of two stem cell transplants she endured as torture.
“My cells were harvested and they had to be rebuilt,” she said. “I was kept in isolation. My family fed and dressed me. I was whacked out.”
A second stem cell transplant was required. This time the donor was Gordon’s youngest daughter Lacy.
“She’s my hero,” Gordon said while crying. “She never complained about it.”
Under cross examination, Monsanto attorney Katherine Hacker asked Gordon if she ever read the label on a bottle of Roundup. Gordon answered that she had not.
“Did you save any receipts from the store (purchased Roundup)?”
“No.”
“In 2005 you were diagnosed with anxiety disorder.”
“Yes,” Gordon said.
“Did you take medication for it?”
“Yes.”
“You didn’t want to leave your house, you had anxiety attacks.”
“Yes,” Gordon told Hacker.
“In May of 2017, your daughter shared her concerns (about Gordon’s health) and gave you a number to call to make a Roundup claim.”
“Later, yes,” Gordon answered.
“You filed (suit) in July of 2017.”
“Yes.”
“It would include medical records,” Hacker said.
Gordon responded she wasn’t aware at the time that medical records (anxiety treatments) would be included in the lawsuit papers.
“Six months after filing suit in January of 2018 you burned your medical records,” Hacker said.
“Yes.”
“You don’t have medical records before 2018?”
“Right.”
On redirect examination, Gordon told Wagstaff a city ordinance in Pekin, Ill. allowed the burning of papers and cardboard.
“Why did you burn the (medical) papers?” Wagstaff asked.
“To make more room in a closet,” Gordon said. “I needed the space for sewing.”
“We saw some records from 2003 and 2005,” Wagstaff said.
“Yes,” Gordon said.
“Did you have the only set of these (medical) records?”
“No.”
The court adjourned for the afternoon session. Circuit Judge Brian May is presiding.