William Melissen, et al. vs. Monsanto Company, et al

Case Background

On June 29, 2021, Plaintiff William Melissen and Margaret Melissen filed a Product Liability lawsuit in the Pennsylvania Court of Common Pleas, Philadelphia County (Case number: 210602578). This case was presided over by Judge Craig R. Levin

Cause

William Melissen, a resident of 1156 Cumberland Road in Abington, PA, purchased Roundup herbicide products from several Pennsylvania retailers. He obtained these glyphosate-containing products from Primex Centers Inc., located at 435 West Glenside Avenue, and multiple Lowe’s stores operated by Lowe’s Companies Inc. and Lowe’s Home Centers LLC. Lowe’s operated locations in Philadelphia County, including stores at 1500 North 50th Street, 3800 Aramingo Avenue, 2106 South Christopher Columbus Boulevard, and 9701 Roosevelt Boulevard. All defendants conducted significant business in Philadelphia County, generating substantial revenue from Roundup sales. The toxic exposure occurred during normal consumer use of the herbicide products.

Injuries

Repeated exposure to Roundup products caused William Melissen to develop Non-Hodgkin’s Lymphoma (NHL), confirmed on August 27, 2020. The chemical exposure resulted from foreseeable and typical usage of the herbicide, with no warning about its cancer-causing risks. Melissen, unaware of the dangers, experienced devastating personal injury linked to glyphosate exposure. This Roundup lawsuit arose after prolonged use of the product led to life-threatening medical conditions.

Damages

The Roundup lawsuit highlighted extensive damages suffered by Melissen following his NHL diagnosis. The toxic exposure caused severe physical pain, emotional distress, and a significant loss of life enjoyment. He endured permanent physical impairments, making daily activities difficult and reducing his quality of life. His injuries resulted in economic damages, including high medical expenses and lost wages. The herbicide’s defective design and inadequate warnings directly contributed to his suffering, as detailed in the legal complaint. This case underscores the far-reaching impacts of toxic chemical exposure in consumer products.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): William Melissen | Margaret Melissen
    • Counsel for Plaintiff:Thomas R. Kline |Tobi L. Millrood | Lorraine H. Donnelly
  • Defendant(s): Monsanto Company | Lowe’s Companies Inc. | Lowe’s Home Centers LLC | Primex Centers Inc.
    • Counsel for Defendants:Chanda A. Miller |  Bart H. Williams | Shawn S. Ledingham | Lee Popkin | Joe H. Tucker Jr.

Claims

Melissen’s Roundup lawsuit included claims of strict liability for design defects against Monsanto Company, asserting the glyphosate-based product was unreasonably dangerous. He filed strict liability failure-to-warn claims against Monsanto, Lowe’s, and Primex, alleging they failed to inform consumers of the cancer risks. Negligence claims targeted Monsanto for negligent design, marketing, and breach of implied warranties. Retailers Lowe’s and Primex also faced strict liability claims for selling defective products that compromised consumer safety.

Defense

Defendants Monsanto, Lowe’s Companies Inc., Lowe’s Home Centers LLC, and Primex Centers Inc. raised several defenses in the Roundup lawsuit:

Scientific Causation Defense:

They argued no definitive scientific evidence linked glyphosate to NHL, citing regulatory approvals and studies supporting its safety.

Compliance and Warning Defense:

The defense claimed product labeling met EPA standards and complied with industry regulations.

Alternative Causation:

Defendants suggested other potential causes for NHL, including Melissen’s medical history, lifestyle, and environmental factors.

Statute of Limitations:

They argued the claims were untimely, citing delays in filing within the discovery period.

Retailer Liability Defense:

Lowe’s and Primex contended they relied on Monsanto’s assurances about product safety and bore no responsibility for design or labeling.

Jury Verdict

On October 11, 2024, the jury awarded William Melissen $3,000,000 in compensatory damages and $75,000,000 in punitive damages. This Roundup lawsuit resulted in total damages of $78,000,000, reflecting the jury’s recognition of the devastating impacts of glyphosate exposure.

Court Documents:

Available Upon Request