Top Defense Verdict: Dauber v. Monsanto Co.

A jury found that Monsanto Co. was not liable for the non-Hodgkin's lymphoma cases of the two plaintiffs, Roslyn Dauber and John Di Costanzo. Each plaintiff sought $15 million in compensatory damages and additional punitive damages. Dauber v. Monsanto Co., BC48334 (L.A. Super. Ct., filed April 23, 2012).

The pair alleged that their cancers were caused by high levels of polychlorinated biphenyls, or PCBs, in the "common American diet" they consumed throughout their lives. Both tested with very high levels of PCBs, and had suffered from their cancers for many years.

Monsanto began manufacturing PCBs in the 1930s, which were used in a wide variety of products for decades. The company stopped making the chemicals in 1977, two years ahead of a federal ban, amid growing evidence they were implicated in a wide variety of health problems. Monsanto has not disputed that PCBs are linked to some other types of cancers.

But the jury agreed with defense counsel that PCBs have never been specifically linked to non-Hodgkin's lymphoma.

"There was a lot of science that the jury was asked to understand in the case," said Anthony N. Upshaw, who served as lead defense attorney.

A partner with McDermott Will & Emery LLP in Miami, Upshaw said one of the biggest challenges was to steer the jury away from the more emotional elements of the trial and back toward the science. The plaintiffs were "very nice people" suffering from a terrible disease, he said.

Frieling

Krumm

The company's victory had a significant impact. Upshaw said there were about 750 similar claims against Monsanto around the country involving non-Hodgkin's lymphoma.

"It's my understanding that because of this win, plaintiffs are looking to resolve their remaining cases," Upshaw said.

- Malcolm Maclachlan