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Judge Rejects Monsanto’s Bid to Overturn Glyphosate Conviction but Reduces Punitive Damages from $250 Million to $39 Million

Earlier this week (October 2018) San Francisco Superior Court Judge Suzanne Ramos Bolanos rejected Monsanto’s appeal to overturn the jury verdict which found that glyphosate in the herbicide RoundUp causes cancer. Judge Bolanos had earlier hinted that she might overturn the jury's verdict, and eliminate the $250 million in punitive damages. While denying Monsanto's attorneys their request for a new trial, Judge Bolanos did reduce the punitive damages from $250 million to $39 million, the same amount (39 million) that was awarded to the plaintiff, Dewayne Johnson, who is not expected to live much longer due to his cancer diagnosis. Judge Bolanos also stated that if Dewayne Johnson and his attorneys did not accept the reduction in punitive damages, that she would order a new trial. Johnson’s lawyers said in a statement that the “reduction in punitive damages was unwarranted” and that his legal team, Baum Hedlund and the Miller Firm, was “weighing the options.” Bayer, now the parent company for Monsanto, stated that they would file another appeal of the jury's verdict.

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Monsanto Loses: Jury Awards Millions to Man Dying of Cancer Due to Herbicide Glyphosate – What’s Next?

This past Friday (August 10, 2018) a jury in California awarded Dewayne Johnson, a former school groundskeeper who is dying of cancer that he claims is the result of years of using the herbicide RoundUp which contains glyphosate, $39 million in damages, and another $250 million was levied against Monsanto for covering up the scientific evidence that glyphosate causes cancer. This is the first legal blow against Monsanto for its herbicide product, which is the world's most common herbicide, spread on crops all over the world. In recent years, laboratory testing on urine and mother's breast milk shows that almost the entire world's population contains glyphosate in their bodies. Health Impact News has covered this story for years now, and we published an interview with Dr. Anthony Samsel back in 2015, when he was able to obtain formerly concealed documents from the Environmental Protection Agency (EPA) revealing the toxic nature and cancer risk of the ingredients in the herbicide RoundUp, but were concealed from the public due to "trade secrets." Much of the pre-trial legal maneuvering was centered around what evidence was going to be allowed in the trial. In the end, in spite of what appeared to be at some points a biased judge, enough evidence was presented to the jury to conclude Monsanto was guilty. What's next?

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Monsanto Glyphosate Cancer Trial Update: Biased Judge? Key Evidence Not Allowed

The California trial against Monsanto by Dewayne Johnson, a 46-year-old former school groundskeeper, who was diagnosed with non-Hodgkin lymphoma four years ago and claims that Monsanto hid evidence that the active ingredient in its Roundup herbicide, glyphosate, caused his cancer, is nearing the end, where a jury will decide on a verdict. One of the attorneys of the Plaintiff, Robert F. Kennedy, Jr., has been giving updates that are being posted on the Organic Consumers Association website. In a recent update, Mr. Kennedy reported on some of the actions of Judge Bolanos that seemed to suggest that the judge could be potentially biased in favor of Monsanto by not allowing some key evidence, some of which seems to contradict what another judge, Judge Curtis Karnow, seemed to rule was admissible in pre-trial hearings. In spite of these limitations, Mr. Kennedy feels that the trial is going their way as it is finishing up and being delivered to the jury.

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