Pilliod et al. v. Monsanto Co.

Product liability

Alameda County

Superior Court Judge Winifred Y. Smith

$2.055 billion

Plaintiffs' lawyers: Baum, Hedlund, Aristei & Goldman PC, R. Brent Wisner, Pedram Esfandiary, Michael L. Baum; The Miller Law Firm LLC, Michael J. Miller, Curtis G. Hoke, David J. Dickens, Jeffrey Travers; Audet & Partners LLP, Mark E. Burton Jr.; Brady Law Group, Steven J. Brady

Defense lawyers: Goldman Ismail Tomaselli Brennan & Braun LLP,Tarek Ismail, Joe Tomaselli; Evans Fears & Schuttert LLP, Kelly A. Evans, Jay J. Schuttert; Hollingsworth LLP, Kirby Griffis, Martin C. Calhoun; Hinshaw & Culbertson LLP, Eugene Brown Jr., Amee A. Mikacich

R. Brent Wisner and Michael J. Miller led a team of attorneys who convinced an Alameda County jury to award $2.055 billion to a couple who became ill after decades of using Monsanto's Roundup weedkiller.

In May 2019, the jury found Bayer AG-owned Monsanto liable for its weedkiller being a "substantial factor" in a husband and wife, Alva and Alberta Pilliod, developing non-Hodgkin lymphoma. Pilliod v. Monsanto Co., RG17862702 (Alameda Super. Ct., filed Nov. 16, 2017).

Alva Pilliod developed non-Hodgkin's lymphoma in his bones in 2011, which spread to his pelvis and spine. Alberta Pilliod was diagnosed with brain cancer in 2015.

The lawsuit alleged Monsanto knowingly concealed the carcinogen effects of Roundup.

"Alberta's cancer is a particularly nasty type of cancer. We spent a lot of time explaining to the jury just how difficult her particular type of cancer is and how she needed to be taken care of for the future because she has to take this incredibly expensive medication or she'll die," said Wisner, a partner at Baum, Hedlund, Aristei & Goldman PC.

Bayer's defense team argued that Alva had an abnormally deficient immune system and Alberta had a history of autoimmune disease and other cancers. Therefore, they were both at risk for developing non-Hodgkin's lymphoma.

The defense used reports from the U.S. Environmental Protection Agency and other regulatory agencies to argue that glyphosate, which is used in Roundup, is not likely to be carcinogenic to humans.

Miller and Wisner argued that Monsanto had influenced the science the defense's evidence was based on.

"So, the jury was given thousands of expert report pages, so to speak, and we had to come in and say 'listen, those reports are wrong,'" Wisner said.

Wisner and Miller relied on expert witnesses and reports from other organizations that showed links between Roundup and cancer. In 2015, the International Agency for Research on Cancer classified glyphosate as a "probable human carcinogen" based on a review of the available literature which included over 1,000 studies.

Wisner and Miller also represent Dewayne Johnson, a former groundskeeper that sued Monsanto, alleging Roundup was the cause for him developing non-Hodgkin lymphoma. Johnson was awarded $289 million, which was reduced to $78 million.

"We have the scientists on our side and the defense have the regulators on theirs. The jury in the Pilliod case, as the jury in the Johnson case, chose scientists over regulators," said Miller, name partner at The Miller Firm.

Ismail declined to comment, deferring to Bayer, which announced its intent to appeal the verdict in a statement.

"Leading health regulators around the world have repeatedly concluded that Bayer's glyphosate-based herbicides can be used safely as directed and that glyphosate is not carcinogenic, based on an extensive body of science spanning more than 40 years, including more than 100 studies EPA considered relevant to its cancer risk analysis, and more than 800 safety studies overall submitted to regulators."

The Pilliod verdict included $55 million to the couple along with $1 billion each in punitive damages. Alameda County Superior Court Judge Winifred Smith reduced the verdict to $86.7 million in July 2019. Monsanto has appealed the verdict. Plaintiffs' attorneys said they plan to appeal the damages reduction.

-- Henrik Nilsson