An oncologist appearing as a defense expert witness for Monsanto told a jury on Monday that Plaintiff Sharlean Gordon’s cancer, which she alleges was caused by the use of weed killer Roundup, is cured and unlikely to recur.
Plaintiff attorneys responded that Gordon’s suffering over 16 years could not be minimized.
Defense attorneys called attention to Gordon’s physical conditions and lifestyle choices including smoking and obesity as possible factors in her cancer. Earlier in the trial, they also called attention to the anxiety attacks the women suffered during her illness from the period of 2006 to 2009 and beyond.
“I think she had a tougher time (recovering) with issues such as her history of smoking, asthma and obesity,” Amanda Cashen, an oncologist with the Washington University School of Medicine, told a jury. “These slowed her recovery.”
The trial is being streamed live courtesy of Courtroom View Network. Closing arguments are scheduled for May 23.
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 recurrence.
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.
Monsanto attorney Katherine Hacker asked if after 2009 Gordon’s cancer was in remission.
“I feel comfortable in saying that she’s been cured,” Cashen said.
“What is the likelihood the cancer will come back?”
Cashen said there was a very little chance of it.
“Her cancer is gone and she doesn’t need any treatment,” she added.
Hacker asked Cashen about a further condition Gordon endured called “therapy-related myelodysplasia” (t-MDS), caused by treatment with chemotherapy and radiation. Acute leukemia can result if the condition is left untreated.
“Is this a relapse (of DLBCL)?”
“No,” Cashen said. “This (t-MDS) does not affect DLBCL.”
Cashen said the t-MDS occurs in 5% to 10% of patients who receive chemo and radiation.
A treatment called an umbilical cord transplant was performed on Gordon in 2018 to treat the t-MDL condition. Transplant cells were acquired from two different sources including Gordon’s daughter.
“Would you consider Gordon cured of t-MDL?”
“Yes,” Cashen said.
“What is the likelihood it can come back?”
“I don’t think there’s any chance. It does not affect the risk of lymphoma.”
“Are there any symptoms?”
“I don’t see any.”
Under cross examination, Gordon's attorney Fidelma Fitzpatrick told Cashen that she was not appearing in court to offer opinions on the cause of Gordon’s lymphoma.
Cashen agreed.
“You agree Gordon had DLBCL?” Fitzpatrick asked.
“Yes,” Cashen responded.
“She was 39 years old (at time of illness).”
“That’s right,” Cashen said.
“You said that 39 is not an uncommon age for it (DLBCL).”
Fitzpatrick exhibited a chart that showed 6% of DLBCL patients were between the ages of 35 to 44. Approximately 93% were in other age groups with the majority over 50.
“It is less common for females, correct?”
“There’s a slight male predominance,” Cashen agreed.
“You don’t disagree that she (Gordon) had side effects from the chemotherapy?”
“Correct,” Cashen answered.
“The DLBCL didn’t respond to the chemotherapy and radiation (requiring a stem cell transplant) correct?”
Cashen said the radiation followed by the stem cell procedure did contribute to Gordon’s long-term cure.
“Was the stem cell appropriate?”
“Yes.”
“She was in a nursing home.”
“Yes.”
“You don’t disagree that she had side effects from the radiation and with what she went through (pain).”
“No, I don’t dispute that,” Cashen said.
“The t-MDL was a result of the treatment.”
“That’s correct.”
“The t-MDL had to be treated,” Fitzpatrick said.
“Yes,” Cashen answered.
“It could be fatal if left untreated.”
“Yes.”
Cashen was asked if Gordon went through pain during the treatments.
She said Gordon did in part although she was able to get through the later t-MDL stem cell transplant without much trouble.
“She will have to be followed by stem cell oncologists for the rest of her life,” Fitzpatrick said.
“Right,” Cashen agreed.
“Could this (treatments) create other medical conditions?”
“It’s possible but unlikely,” Cashen said.