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(April 15, 2019) Monsanto lost another pesticide case last week, making it the third time in less than nine months that the company has lost a court trial over injuries caused by its herbicide glyphosate. The first two jury decisions against Monsanto in the last year were in the US, for several million dollars each over Roundup. This third win for plaintiffs came from a French jury over Monsanto’s Lasso weed killer. That jury ruled Monsanto was responsible for poisoning a local farmer. Actual monetary damages in the case are still pending.
This third Monsanto loss stemmed from 2012 when a French court first found Monsanto guilty of poisoning Paul Francois. The man had filed suit against Monsanto in 2007 after he developed neurological problems from using Monsanto’s Lasso weed killer. In 2012 a jury found Monsanto guilty in the case, but Monsanto refused to pay for damages; so Mr. Francois was forced to keep fighting.
Monsanto Appeal
Though the French man appears to have finally brought Monsanto to justice, the company is certain to appeal again. The company has a long record of appealing any decision against it, and always denies responsibility for mislabeling its products, and downplays the severity of the effects of exposure to its chemical to people and animals.
Monsanto Lassoes Plaintiff’s Health
Mr. Francois said he began experiencing problems that included blackouts, headaches and a loss of balance and memory after he inhaled fumes from Monsanto’s Lasso weed killer, Lasso, a monochlorobenzene-based weedkiller that was legal in France until 2007, but which had already been banned in 1985 in Canada and in 1992 in Belgium and Britain. Mr. Francois said Monsanto was aware of Lasso’s dangers long before it was withdrawn from the French market. He sued Monsanto for more than one million euros ($1.13 million) for chronic neurological damage that required long hospital stays.
Monsanto appealed the 2012 court decision and lost in 2015; so the company appealed again, resulting in this third round loss on April 11, 2019.
“I won, and I’m happy, but at what cost?” Mr. Francois told reporters following the verdict.
Monsanto’s Legal Harassment
Mr. Francois denounced what he called years of “legal harassment” by Monsanto, which can still appeal the ruling by a top French appeals court, the Cour de Cassation.
Mr. Francois called the ruling “a message to the government.” He urged his government to ban other toxic pesticides that contain glyphosate, which is the main active ingredient listed in Monsanto’s best-selling poison, Roundup. Though the regulators (like the US EPA) and the courts often see it that way, glyphosate is not the only relevant ingredient, given surfactants and other so-called “inert” ingredients, which, when mixed with glyphosate, increase by as much as 1,000x the potency of the poison.
“History will judge [the government] for not acting,” said Mr. Francois. He referred to a campaign pledge by President Emmanuel Macron to phase out glyphosate in France, a pledge which the seasoned politico backed down on last year. Monsanto’s has a long history of working with politicians to weaken labeling requirements and environmental oversight.
Monsanto Failed to Warn Farmer
The court in Lyon, southeastern France, rejected Monsanto’s appeal but did not rule on how much Monsanto might have to pay. A full financial penalty will be determined in a separate ruling.
The court did order Monsanto to pay 50,000 euros immediately for Mr. Francois’s legal fees. It ruled Monsanto should have clearly indicated on Lasso’s labeling and instructions for use “a notice on the specific dangers of using the product in vats and reservoirs”. “The plaintiff’s assumed technical knowledge does not excuse the lack of information on the product and its harmful effects.” The court added: “A farmer is not a chemist.”
Following the verdict, a lawyer for Monsanto in France said Monsanto would probably appeal. Parent company Bayer confirmed it was weighing an appeal.
Monsanto said in a statement: “Supposing that Paul Francois was accidently exposed to Lasso, by definition such exposure is rare.”
Monsanto faces Thousands of Lawsuits
Monsanto faces thousands of US lawsuits over glyphosate exposure. Last month it was ordered by a San Francisco jury to pay some $80 million to a retiree suffering from non-Hodgkin’s lymphoma. Last summer, a California jury ordered Monsanto to pay a former school groundskeeper $289 million (later reduced to $78 million) after it found the company responsible for the man’s diagnosis of non-Hodgkin’s lymphoma.
Related
- Monsanto Lawsuit Lawyer | Attorney
- Roundup Lawsuit | non-Hodgkin’s Lymphoma
- Monsanto loses Second Roundup Trial $80 Million Verdict
- Monsanto hit by $289 Million Verdict
by Matthews & Associates
