The plaintiff suing Monsanto who claims its weed killer Roundup caused him to develop cancer described for a jury the ordeal of his medical treatments.
“You’re exhausted,” John Durnell said October 13 during the trial as he described the symptoms from the chemotherapy treatments for non-Hodgkin’s lymphoma.
Defense attorneys sought to punch holes in Durnell’s complaint calling attention to the uncertainty of his testimony as to when he first started using Roundup and that he had not followed safety instructions on the bottle’s warning label. They also maintained he had a family history of cancer.
The trial in the 22nd Judicial Circuit of Missouri Court is being streamed live courtesy of Courtroom View Network.
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 Court Judge 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. Diagnosed in 2020, he started using the product in 1996 killing weeds in a St. Louis neighborhood home beautification program maintaining green space for the Soulard Restoration Project. He 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.
During the run of the trial, plaintiff attorneys have contended that the main ingredient in Roundup glyphosate is a toxic carcinogen as well as additives to the formula which include formaldehyde and arsenic. Defense attorneys have countered that the additive byproducts are in such small amounts called “trace” that they are not a threat and are of the same kind that can be found normally in soil and water.
Durnell’s oncologist Dr. Hsiao-Ou Hu testified on a tape deposition taken in May 2023 saying Durnell cannot be cured by surgery and that a reoccurrence of his lymphoma cancer is likely.
Under questioning by his attorney Wylie Blair, Durnell told the jury he would take his chemotherapy treatments usually on a Thursday and they would make him sick over the weekend.
“The worst (symptom) is the constipation,” he said. “I lost 15 pounds. You’re exhausted. It (treatments) just drains you.”
Durnell added that he usually had one chemo treatment per month.
“It makes you anemic,” he said. “I always had to keep track of my white blood cells because if they get too low your defense mechanism won’t work. They (doctors) put a patch on you, it injects (medicine) into you and builds up the mechanism.”
Durnell said he suffered pain in his legs and took pain killers. He also said he experienced forgetfulness during the treatments.
“Things fall out of your head,” he observed. “The chemo is going everywhere in your body. Today I have trouble with my legs. I don’t have the energy.”
Under cross examination from Monsanto attorney Booker Shaw with the Thompson Coburn law firm, Durnell admitted an error had been made as to when he first started using Roundup, misidentifying his first exposure as 1981.
“I have been consistent in saying it was 1996 or 1997,” Durnell said.
“You told him (deposition questioner) 1981,” Shaw said.
“I cannot answer that,” Durnell responded.
“In your testimony you said you stopped (using Roundup) in 2018,” Shaw said.
“I did,” Durnell answered. “I was all over the place (recalling the date) wasn’t I?”
Shaw said the dates given were 2019, 2020, 2017.
The filed complaint made in January of 2019 stated that Durnell was first exposed to Roundup in 1999.
“The jury has sworn testimony from you that you either started using Roundup in 1981, 1996, 1997, or 1999. So can you tell us, when you actually started using Roundup?”
“It was the growing season of 1996,” Durnell said.
“But you will admit that you have given sworn testimony that you started in 1981, 1996, 1997, 1999?”
“It looks like I did,” Durnell said.
Shaw exhibited a bottle of Roundup on a viewing screen with a label that said “Caution,” and listed “precautionary statements.”
“Did you look at these?” Shaw asked.
“Basically, no,” Durnell answered.
The instructions read, “Avoid contact with eyes or clothing, wash (hands) thoroughly.”
“Did you do that?”
“I did not,” Durnell responded.
“You did not wash or follow the instructions?”
“I did not.”
Shaw said and Durnell agreed that he had been in good health before the cancer, though he admitted that he had some health “issues.”
“In 2007, you were diagnosed with arterial sclerosis and in 2008 hypertension,” Shaw said.
“You’re correct,” Durnell said.
“In 2003, you had stints in your heart.”
“The arteries going in,” Durnell answered. “Not (heart) valve work.”
“You had an added stint in 2013.”
“I did.”
“Your grandfather had prostate cancer,” Shaw said.
“He did,” Durnell agreed.
“Your brother also had cancer.”
“In 2001.”
“Your doctor (Hu) never told you that your NHL was caused by glyphosate or Roundup,” Shaw said.
“No he did not,” Durnell answered.