Monsanto expert witness Dr. Daniel Arber in his pre-trial report wrote that Hardeman has many risk factors for NHL, and said: "There is no indication that Roundup played any role in the development of his NHL, and there are no pathological features to suggest a cause of his lymphoma."
Judge Chhabria has ruled that Arber cannot testify that the hepatitis C caused Hardeman's NHL but ruled Thursday that Arber can explain that Hardeman's lengthy exposure to hepatitis C left him at risk of developing NHL even after his virus had been successfully treated.
Several new documents have been filed by both parties related to evidence and jury instructions. See them at Monsanto Papers Hardeman page.
March 7, 2019 Judge Has Harsh Words for Monsanto
Judge Vince Chhabria issued a stinging response to Monsanto's motion for summary judgment on Thursday, stating in his order that there was plenty of evidence that the company's glyphosate herbicides namely Roundup could have caused plaintiff Edwin Hardeman's cancer.
"To take just one example," the judge wrote, "the De Roos (2003) study supports a conclusion that glyphosate is a risk factor for NHL, yet Monsanto fails to mention it inits motion. Monsanto cannot prevail on a motion for summary judgment by simply ignoring large swaths of evidence."
He also said there was "sufficient evidence" to support a punitive damages award against Monsanto if the jury finds for Hardeman.
"The plaintiffs have presented a great deal of evidence that Monsanto has not taken a responsible, objective approach to the safety of its product," Judge Chhabria stated in his ruling.
The judge concluded: "Although the evidence that Roundup causes cancer is quite equivocal, there is strong evidence from which a jury could conclude that Monsanto does not particularly care whether its product is in fact giving people cancer, focusing instead on manipulating public opinion and undermining anyone who raises genuine and legitimate concerns about the issue."
A landmark verdict found Roundup caused a man's cancer, paving the way for thousands of other families to seek justice
Sam Levin and Carey Gillam
(Article changed on March 20, 2019 at 15:45)