As a Colorado-based toxicologist described the dangers of Monsanto’s weed killer Roundup, a company defense attorney portrayed him as a career witness making millions to testify without any proof the spray causes cancer.
The trial in the 22nd Judicial Circuit of Missouri Court is being streamed live courtesy of Courtroom View Network.
On October 11, Dr. Richard DeGrandchamp told Wally Blair, attorney for plaintiff John Durnell, that the main ingredient in Roundup satisfied a number of indicators to be considered a carcinogen.
“Glyphosate can oxidize (damage) DNA molecules and can change a genetic code and cause (cell) mutations,” DeGrandchamp said.
DeGrandchamp, who is based at the University of Colorado, also said additive byproducts found in Roundup including ethylene oxide, a resulting chemical called dioxin and nitrosoglyphosate could be as toxic if not more so than glyphosate in the formulation.
Lawyers for Monsanto have a successful string of victories defending the company in nine Roundup lawsuits after a set of losses in California totaling almost $2.4 billion in plaintiff damages. Last month, a decision by 21st St. Louis Judicial CourtJudge Brian May tossed out a similar lawsuit via a directed verdict, a finding that evidence in the case was insufficient for a jury to find the company negligent and liable.
Durnell is suing Monsanto alleging Roundup caused his cancer. He started using the product in 1997 killing weeds in a neighborhood project and first noticed a pain and a knot in his groin. Diagnosed with non-Hodgkin’s lymphoma, he underwent chemotherapy treatments. His cancer currently is in remission.
The oxidation of molecules and resulting DNA damage to cells allegedly caused by Roundup were portrayed by Blair using a photo of an old rusting truck sitting in a field.
DeGrandchamp said the genotoxicity of Roundup causes DNA molecules to be chopped into broken fragments and attacks the ability of healthy cells to repair the damage. The glyphosate in essence switches off the good genes in the body those that act as a tumor suppressors. The body’s immune system and its lymphocytes called “helper cells” are thus shut down.
DeGrandchamp called bad multiplying cells “little Draculas” and said glyphosate causes bad cells to keep dividing, an action called “immortalization.”
“This is a bio marker for NHL,” DeGrandchamp said.
He added that studies done of farmers with higher exposures to glyphosate showed higher levels of (carcinogenic) bio markers.
Blair exhibited a graphic that said “Monsanto officials knew that Roundup contained highly carcinogenic impurities (in addition to glyphosate).”
One additive called surfactant, a soapy-like substance that allows the spray to cling to a plant leaf, also enhances absorption into the plant.
“What is significant?” Blair asked.
“It’s important to look at the (Roundup) impurities as well,” DeGrandchamp said.
Another impurity in the formula is formaldehyde.
Ethylene oxide and dioxin found in the surfactant were shown on an exhibited chart to have a maximum level of 265 parts per million. The National Institute for Occupational Safety & Health listed one part per million to be too high.
Company officials have described the byproducts as only trace amounts and the risk of cancer to be “minimal.”
“That (265 PPM) is not a minimal contamination,” DeGrandchamp said. “When you go over a threshold (exposure) it can become a carcinogen.”
“What is your opinion if Roundup causes NHL?” Blair asked.
“Evidence is strong that glyphosate contributes to NHL,” DeGrandchamp answered.
Under cross examination by Michael Brown, a defense attorney from the Nelson Mullins law firm, DeGrandchamp was asked what caused Durnell’s cancer.
“I have no opinion,” DeGrandchamp said.
“You don’t know, correct?” Brown asked.
DeGrandchamp responded that he believed glyphosate had contributed to Durnell’s NHL.
“You just told a jury that Roundup had something to do with cancer, did you not?”
“I’m not here to testify about causation,” DeGrandchamp said.
“You’re not concerned with Mr. Durnell’s cancer?”
“I’m focused on the molecular aspect,” DeGrandchamp answered.
Brown said DeGrandchamp had made $2 million over the past four years testifying for plaintiffs in court cases.
“I agree I’ve made a lot of money,” DeGrandchamp said.
“On behalf of plaintiffs,” Brown said.
“I would give you the same testimony if you hired me,” DeGrandchamp told Brown.
Brown said he’d heard that DeGrandchamp used a helicopter to get to his house on a Colorado mountaintop. DeGrandchamp responded that he used an all-terrain vehicle to reach the site 9,000 feet in elevation.
“Must be a pretty nice view up there,” Brown said and added, “You didn’t come up with analysis (of Roundup) until you got paid.”
DeGrandchamp indicated that professionals get paid and said “I’m a practicing toxicologist.”
“You’re not an M.D.,” Brown said.
“That’s right, I’m a consultant,” DeGrandchamp said.
“You haven’t been in a lab in 30 years.”
“That’s correct.”
“You’ve never published any peer reviewed (science) paper relating to cancer?”
DeGrandchamp agreed.
Brown said Durnell’s form of cancer is most common in white males in their 60s, which is what Durnell is.
“I‘m not testifying to specific causation,” DeGrandchamp repeated.
“There are many cancers that just happen,” Brown said.
DeGrandchamp said the genetic makeup of an individual can lead to cancer, but exposure to toxics increases the risk.
Brown said DeGrandchamp could not say with certainty that Roundup caused Durnell’s cancer and exhibited a passage from a 2003 study that read, “The relationship between glyphosate and (cancer) risk remains inconclusive and controversial.”