California couple rewarded for $ 2 billion in testing

May 14, 2019 by Steve Hanley

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Legal headlines love splashing big numbers on the page – "California Couple Jury Awards: $ 2 Billion!" They shout. But they never tell readers the horrors with which the plaintiffs must live to get these big rewards. In California, a jury recently awarded Alva and Alberta Pilliod $ 1 billion plus $ 55 million in compensatory damages for medical expenses and other expenses after discovering that Roundup, a Monsanto-made weed killer, was at the plant. 39, the origin of their health problems.

It's not like winning the lottery

But it's not exactly as if the Pilliods had won the lottery. Both had to be really sick first. Systemic non-Hodgkin's lymphoma was diagnosed in Alva in 2011. The disease spread to the pelvis and spine. Alberta was diagnosed with non-Hodgkin's lymphoma brain cancer in 2015. Both are now in remission, but all of this money does not mean they will lead a normal life.

The jury in this case and other similar cases ruled that Roundup had been maliciously designed by Monsanto, that the company had not warned consumers of cancer risks and that Monsanto had acted negligently. During the discovery phase of these trials, plaintiffs' attorneys discovered internal documents at Monsanto that reveal how the company has "intimidated" scientists over the years and helped "ghostly research" defend the security of the company. glyphosate, main ingredient of Roundup. .

An analogy with fossil fuel companies

Any analogy with what fossil fuel companies have done with regard to the impact of their business activities on global warming is entirely appropriate. Unlike other Roundup cases, the California judge allowed Pilliods' lawyers to show the jury evidence of Monsanto's misbehavior. Imagine if climate activists were to do the same thing in their lawsuits against oil and gas companies.

"We were finally allowed to show a jury a mountain of evidence that Monsanto had manipulated science, the media and regulatory agencies to deliver their own agenda despite Roundup's harms to the animal world and the world over." humanity, "said Michael Miller, one of the lawyers for the Pilliods.

"Monsanto has never looked to see if Roundup is safe," adds Brent Wisner, another lawyer at Pilliods. "Instead of investing in sound science, they have invested millions of dollars in the fight against the science that was threatening their agenda." Hmmm … does not that sound familiar to you? Have the Koch brothers, ExxonMobil and the American Petroleum Institute done the same thing since Jimmy Carter was in the White House?

Now the end of the game begins

Any first-year law student knows that it's far from the end of this business. When companies lose in court, they immediately appeal. The name of the game is to keep the money as long as possible. In some cases, this money can earn more, staying in the bank account of the company, than the total amount of compensation. And there are several reasons for appeal.

A superior court may disagree with the trial judge's decision to allow evidence of what Monsanto was doing to obscure the evidence. He would then dismiss the case for a new trial. The trial judge has the power to reduce the value of the indemnity if he believes that it is excessively large. No matter how many mishaps can delay the day the applicants actually receive some of that money.

In the game of law, an old adage says, "Delay is always to the advantage of someone." Companies have fleets of $ 1,000 an hour that only design strategies to slow down the pace. process. The best possible result for them would be that the Pilliods die before seeing a penny of the reward. This is the kind of result that makes business lawyers smile.

Monsanto now belongs to Bayer, the German chemical company. The shareholders of Bayer could be caught in difficulties. Pilliods' lawyers estimate that there are currently 13,400 Roundup-like cancer cases pending in state and federal courts in the United States. Here are some tips for Bayer investors. Keep your hands inside the vehicle and your belts securely fastened until the complete stop of the ride.

Keywords: Bayer, fossil fuel companies, glyphosate, monsanto, non-Hodgkin lymphoma, Roundup