Doctor testifies that Roundup caused his patient’s cancer

In the first case to go to trial against Monsanto Co. alleging exposure to Roundup herbicide causes cancer, a doctor for the plaintiff testified Friday that his patient's exposure to the product unequivocally led to his development of Non-Hodgkin lymphoma, but doesn't do so for everyone.

Defense attorneys questioned the doctor's credibility by contrasting his diagnosis with other physicians that plaintiff Dewayne Johnson visited beforehand, who disagreed on the timeline of when he contracted cancer.

"I don't believe his cancer would have developed without the significant exposure to Roundup," said Cardinal Health Specialty Solutions Chief Medical Officer Chadi Nabhan, who specializes in the treatment and diagnosis of Non-Hodgkin lymphoma.

Plaintiff's attorney David Dickens of the Miller Firm directly asked Nabhan about the association between Roundup and cancer.

"It doesn't cause all Non-Hodgkin lymphoma and not all people exposed will develop it," said Nabhan, who served in a consultory role to assist in diagnosing and treating Johnson. "But Roundup absolutely can cause it."

Johnson seeks an undisclosed amount in compensatory and punitive damages for product liability and negligence, among other claims. Johnson v. Monsanto Company et. al., CGC-16-550128 (S.F. Super. Ct., filed Jan. 28, 2016).

Dickens followed up by linking Nabhan's generalized conclusion to Johnson's medical history.

Johnson started as a groundkeeper for Benicia Unified School District in June 2012, at which point he started to use Roundup. After an "acute spilling incident," when he said much of his face, neck and body were exposed to the herbicide in April 2014, he developed a full-body rash.

Johnson was diagnosed with a rare type of Non-Hodgkin lymphoma, Mycosis Fungoides, in August 2014.

Dickens asked Nabhan several more times over nearly four hours of questioning about the relationship between Glyphosate, a chemical in Roundup, and Non-Hodgkin lymphoma, seemingly seeking to nail the point home to the jury.

"Roundup can cause Non-Hodgkin lymphoma," he answered several times.

The plaintiff's attorney next questioned the doctor on the validity of studies completed by the International Agency for Research on Cancer, which found Glyphosate to be a probable human carcinogen, which was contested by the defense in prior hearings.

The agency has reviewed approximately 1,000 compounds and determined that only 20 percent are carcinogenic, according to Nabhan.

The international agency "is not out to get you," he said. "I can't think of as reputable a source."

Dickens wrapped up his line of questioning by asking the doctor about an internal email Monsanto product specialist Patricia Biehl sent to the company's lead medical sciences and outreach doctor, Daniel Goldstein.

The email from Biehl mentioned an inquiry by Johnson if his use of the herbicide could have caused his cancer. Goldstein did not respond.

Dickens asked Nabhan what he would have advised Johnson to do.

"I would have told him to immediately stop," using the herbicide, he said. "It's common sense."

Defense attorney George Lombardi of Winston & Strawn LLP presented opinions by several of Johnson's doctors which contradicted the plaintiff's assertion that his cancer developed after he started using Roundup, disputing the plaintiff's timeline of causation.

Lombardi also questioned Nabhan's credibility as a doctor, commenting on epidemiological studies because he is not an epidemiologist.

Johnson said he noticed a rash, a symptom of Non-Hodgkin lymphoma, in 2014, but Lombardi showed the jury notes by the plaintiff's doctors which stated he started to complain of a rash in 2013.

"It's not clear how much of his medical history is from him," Nabhan said as he noted Johnson's trouble recollecting certain events. "The first mention of a rash was spring 2014, in my opinion."

More than 450 lawsuits pending against Monsanto have been combined as multi-district litigation in the Northern District under U.S. District Judge Vince Chhabria. Roundup Products Liability Litigation, 16-MD-2741-VC (N.D. Cal.)

Chhabria declined to grant Monsanto's motion for summary judgment earlier this month.

There are also approximately 4,000 cases against Monsanto in state courts.