An expert witness oncologist called by lawyers defending Monsanto in a Missouri trial testified that studies confirmed the substance is safe.
Plaintiff attorneys for the man claiming the company’s weed killer Roundup caused his cancer portrayed the oncologist as a handsomely-paid hireling of Monsanto who said just what company officials wanted him to say.
“I evaluate the science and arrive at a conclusion,” Dr. Matthew Matasar, a New York oncologist, told Roe Frazer, the attorney for plaintiff John Durnell in refuting the accusation October 18 during the trial, which is in its third week and being streamed live courtesy of Courtroom View Network.
Closing arguments take place Thursday.
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 glyphosate, the main ingredient in Roundup, 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 that they are not a threat and are of the same kind that can be found normally in soil and water.
Lawyers for the plaintiff have relied on a finding in 2016 by the International Agency for Research on Cancer that glyphosate is a “probable” carcinogen.
Attorneys for Monsanto portrayed the IARC judgement as flawed and superficial, one of many such findings (eating red meat, drinking ultra-hot beverages and working late hours were also found to be possible carcinogens).
IARC a project of the United Nations World Health Organization is not a regulatory agency like the U.S. Environmental Protection Agency, defense attorneys have maintained.
Defense attorneys used as their major supporting argument an Agricultural Health Study conducted in 2018 funded by the National Cancer Institute. That study tracked over 50,000 farmers who used Roundup as a pesticide. Its findings concluded there was no relationship between the chemical’s use and cancer.
Lawyers defending Monsanto began calling their own expert witnesses to testify after those for the plaintiff wrapped up last week.
Dr. Christian Tomasetti, an oncologist for the California-based City of Hope Cancer Center, testified October 17 that Roundup does not cause non-Hodgkin’s lymphoma. He was followed by Matasar.
According to documents exhibited by Monsanto’s attorney Michael Brown, 54 percent of the farmers in the AG study did not wear protective clothing when spraying the Roundup. The rate of NHL did not change with greater exposure to the product, Matasar testified.
“If there was something there (cancer cause), you would expect to see something there,” he said.
“What is the conclusion?” Brown asked.
“There is no association between glyphosate and NHL,” Matasar answered.
Matasar told Brown that six studies performed from 2014 to 2021 and cited by plaintiff attorneys presented data that was flawed with inconsistencies, bias, or with uncertainties, for example, the length of latency period (time from chemical exposure to onset of illness).
“There is no finding to support an increased (cancer) risk,” Matasar said.
Brown displayed a number of organizations who agreed including the EPA, Health Canada, the European Chemical Agency and others who found Roundup not to be a carcinogen.
Matasar characterized the IARC finding as only a “hypothetical” finding, not a “risk assessment” based on real-world judgement.
“We have seen no real changes (increase) in the number of NHL cases over the past 20 years,” he said.
Matasar said NHL is caused by naturally occurring cell replication errors and is most common in white men aged 65 to 74, which is what Durnell is.
“The longer we’re around, the more opportunity for cell errors,” Matasar said.
During cross examination Frazer asked Matasar, “You’re saying there’s nothing wrong if you get it (Roundup) on your skin?”
Matasar said glyphosate doesn’t cause cancer.
Frazer exhibited a “Retention Agreement” document between Monsanto and Matasar that called for him to make up to $5,000 per day testifying or $600 per hour for documents review and related services.
“Monsanto already knew what you were going to say,” Frazer said.
“I’m here as an expert, to tell the truth, that’s what I’ve done,” Matasar countered.
Matasar denied that he “rehearsed” his testimony beforehand.
“You’ve exhibited 56 slides,” Frazer said.
“I trust your numbers,” Matasar responded.
Frazer said one study found cancer tumors in test mice that was 640 percent higher than in a control group (mice not exposed to glyphosate).
Frazer called the Agricultural Health Study merely a “data base” not some monolithic study as portrayed by the defense. He told Matasar that he (Matasar) did not know the specifics of what was in the Roundup formula, and that data in the AG study was questionable. Approximately 7 percent of 24,171 farmers in the study had died prior to being interviewed.
Frazer said that arsenic in Roundup is also found in cigarettes. Formaldehyde another toxic in Roundup is also a carcinogen. Frazer said glyphosate can be found today in the urine of most U.S. residents.
Matasar continued to insist that naturally-occurring cell error was the likely cause of Durnell’s NHL.
“Errors (cell) happen because our (body) defense is imperfect,” he maintained.
Frazer said the chart exhibited by the defense had made the number of cases of NHL to appear lower than in reality, which was a 50 percent increase over the past 50 years.
“The last 20 years have been static,” Matasar said.
Frazer exhibited a chart that said one in 42 American men get NHL, or 80,550 cases per year.