Cancer-stricken plaintiff claims Monsanto suppressed evidence

SAN FRANCISCO -- Testifying for the first time, Dewayne Johnson called Monsanto Co. unethical Monday for suppressing evidence about the Roundup weedkiller he said led to his exposure to the herbicide that allegedly caused his cancer.

Johnson discussed how he never knew Monsanto's herbicide had been linked to non-Hodgkin Lymphoma despite reaching out to the company prior to his diagnosis about suspicions that the rashes on his skin were linked to its use.

"I would never have sprayed that product if I knew it causes harm," Johnson said when his attorney asked if he would have stopped spraying if he was told the herbicide is alleged to lead to cancer. "It's unethical."

The plaintiff is the first to take the agrochemical company to trial on allegations that Roundup, a Glyphosate-based herbicide, causes non-Hodgkin Lymphoma.

Johnson was not expected to live to testify, according to Chadi Nabhan, a doctor who testified for Johnson last week. His illness is believed to be fatal.

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

After discussing the physical and mental stress that came with his client's cancer diagnosis, plaintiff's attorney David Dickens of the Miller Firm asked Johnson about Monsanto's response to his multiple inquiries if his worsening rashes could be a result of his exposure to Roundup and Rangerpro, Glyphosate-based herbicides he used as a groundkeeper for Benicia Unified School District.

Johnson first contacted Monsanto product specialist Patricia Biehl in November 2014 after an "acute spill incident" in which his skin, face, body and neck became soaked in the herbicide. He asked if there was any possibility the herbicide could be a contributing factor.

Biehl said she would get back to Johnson with an answer but never did, Johnson testified.

The plaintiff again reached out to Biehl with the same question in 2015 after he was diagnosed with non-Hodgkin Lymphoma but was continuing to spray the herbicide.

Johnson's "level of fear is rising," Biehl told a superior in an email.

The product specialist again told Johnson she would get back to him with an answer but never did, Johnson told the jury.

"[Monsanto] didn't tell me anything except that they would call me back," he said.

Defense attorney Sandra A. Edwards, a partner with Farella Braun & Martel LLP of San Francisco, asked Johnson about his handling of the herbicide as well as a few inconsistencies between his testimony Monday and a previous deposition.

Johnson's wife, Araceli Johnson, testified about the extensive mental anguish the cancer diagnosis caused her husband and family in addition to the heavy financial and emotional toll.

Araceli, who has taken on a second job to pay for treatment and other finances, said the toughest part has been reminding their kids "to spend time with him as much as they can -- to get to know their dad."

The defense had no questions for Araceli.

Plaintiff's attorney Brent Wisner of Baum, Hedlund, Aristei & Goldman PC called Ope Ofodile, Johnson's primary care physician, to testify about Johnson's pain, suffering and mental stress. She also corroborated the timeline of her patient's cancer diagnosis.

Wisner first asked Ofodile of her initial assessment of Johnson in October 2014 in a bid to establish that Johnson did not actually have cancer before then as defense attorneys have suggested.

"I would be surprised if he waited a whole year to present [his rash to her]," she said of the likelihood that Johnson had the rash for a year before getting a doctor's opinion.

Johnson's condition progressively declined despite treatment, and he continued to get new lesions until they completely covered his body, according to the doctor.

"Johnson was one of my most severe cases," Ofodile said. "He was not headed in the right direction."

The defense did not ask Ofodile any questions.

The trial will continue Tuesday.