Hepatitis caused cancer not Roundup, expert says

SAN FRANCISCO -- The 70-year-old man arguing exposure to Monsanto's weedkiller causes Non-Hodgkin lymphoma had an underlying medical condition that resulted in his illness, a cancer specialist testified on Monday, the last full day of testimony in the initial phase of the trial.

The plaintiff's cancer was most likely caused by his Hepatitis and not from exposure to Roundup, according to City of Hope Cancer Institute professor Alexandra Levine.

Non-Hodgkin lymphoma is among the most common forms of cancer. Seventy to 90 percent of cases are from unknown causes, but Levine said "39 years of active Hepatitis C infection" point to it being the "most significant contributing factor," to plaintiff Edwin Hardeman's condition.

Plaintiff's attorneys have maintained Hardeman's Hepatitis was not active leading up to, during the time of and after his diagnosis. They dedicated over half a day of testimony by pathologist Dennis Weisenburger, inundating the six-person jury with studies showing there is no increased risk of Non-Hodgkin lymphoma after being cured of the infection.

Weisenburger said last week it is "very unlikely and almost impossible his Hepatitis C caused his [cancer], because he was cured nine years before he got [it]."

Hardeman's oncologist Jeffrey Yi, whose deposition was played in the first week of trial, testified his 70-year-old patient did not have a Hepatitis infection at any point during treatment, but Levine disputed the conclusion. She said Yi based his finding on a blood test, which "isn't sensitive enough to test for low levels" of the virus.

There was "a real opportunity for infection to occur," she said to Monsanto attorney Brian Stekloff of Wilkinson, Walsh & Eskovitz. "It could have occurred on Day 1 of the infection or Day 1 on Year 39 of the infection."

Levine then explained the mechanisms in which Hepatitis is likely to cause Non-Hodgkin lymphoma. The infection often leads to liver failure and genetic mutations, both of which are known and significant contributing factors for developing the cancer, she said.

"The virus doesn't even have to be there any more to then cause [it]," she said. "Once the accident happens and causes that genetic damage, it's there. It doesn't need the infection anymore."

Hardeman's allegations against Bayer AG-owned Monsanto are the first of three test cases in the consolidated litigation before U.S. District Judge Vince Chhabria. In re: Roundup Products Liability Litigation, 16-MD02741 (N.D. Cal., filed Oct. 4, 2016).

Since the trial is split into two phases, the jury will only hear accusations of misconduct and whether additional damages are warranted if it finds the agrochemical company liable for causing Hardeman's cancer.

Closing statements will start on Tuesday, according to Chhabria. Both sides will submit their presentations in advance after the judge sanctioned plaintiff's attorney Aimee Wagstaff for discussing inadmissible evidence during her opening remarks.

There are now only six members of the jury, which is the minimum for federal court. Chhabria excused two jurors for economic hardship and illness in the first week.

On cross examination, plaintiff's attorney Jennifer Moore of the Moore Law Group first took aim at Levine's allegedly factual representations of Hardeman's medical record, which she adamantly refuted. She asked Levine what the medical records show about Hardeman's Hepatitis infection, to which the cancer specialist responded by saying "fancy tests were not done in Hardeman's case, and I would not expect them to be done. This is something done in a lab when people are trying to find the truth of a situation."

As Moore grew increasingly frustrated at what she thought was speculative statements by the expert, which led to multiple sidebars with the judge, Levine concluded her testimony by emphasizing most cases of Non-Hodgkin lymphoma are from unknown causes, and Weisenburger's methodology to reach his conclusion was flawed for ruling it out.

"You just can't tell," she said. "There's nothing that distinguishes this case."

The trial continues Tuesday with testimony from University of Chicago Pathologist Daniel Arber after which closing remarks are expected to begin.