Judith Womack v. Monsanto Company, et al

Case Background

On February 2, 2022, Plaintiff  Judith Womack filed a Product liability lawsuit in the Pennsylvania Court of Common Pleas, First Judicial District(Case number: 220201642).  Michael Erdos presided over this case.

Cause

On February 22, 2022, Judith Womack, a Pennsylvania resident, filed a complaint in the Court of Common Pleas of Philadelphia County against Bayer AG’s subsidiary Monsanto Company, Nouryon Surface Chemistry LLC, Nouryon Chemicals LLC, and Nouryon USA LLC. The lawsuit alleged that Womack developed non-Hodgkin’s lymphoma (NHL) after repeated exposure to Roundup, a widely used herbicide product manufactured by Monsanto. Womack began using Roundup in 2015, applying it multiple times each year for several years. The complaint stated that this repeated exposure, totaling more than 10 instances, directly contributed to the onset of her cancer. Womack’s exposure to Roundup allegedly caused her NHL, forming the basis of her legal claim.

Injuries

Womack’s injury, as outlined in the complaint, was the development of non-Hodgkin’s lymphoma (NHL), a type of cancer linked to long-term exposure to carcinogenic substances. The complaint asserted that Roundup’s active ingredient, glyphosate, and its other components, including Polyethoxylated tallow amine (POEA), led to the onset of her disease. It detailed Womack’s medical diagnosis, stating that Roundup’s carcinogenic properties substantially contributed to the development of her NHL. In addition to her diagnosis, Womack sought compensatory and punitive damages, as well as any other relief the Court deemed appropriate, including reimbursement for medical expenses, pain, suffering, and loss of quality of life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Judith Womack
    • Counsel for Plaintiff: Rosemary Pinto | Scott A. Love| Adam D. Peavy
  • Defendant(s): Monsanto Company |  Nouryon Surface Chemistry LLC | Nouryon Chemicals LLC | Nouryon USA LLC
    • Counsel for Defendants: Shayna S. Cook | Kimberly G. Bueno | Richard R. Harris | Chanda A. Miller

Claims

Womack’s lawsuit included multiple claims against the defendants. The first claim accused Monsanto of manufacturing and distributing a defective and dangerous product, Roundup, that failed to adequately warn consumers of the cancer risks. The first claim accused Monsanto of manufacturing and distributing a defective and dangerous product, Roundup. The product failed to adequately warn consumers of the cancer risks. The complaint emphasized Monsanto’s deliberate misrepresentation of Roundup’s safety, despite scientific evidence showing its toxicity. This misrepresentation was a central factor in Womack’s injury. The lawsuit also highlighted Monsanto’s alleged involvement in scientific fraud. This included the suppression of evidence related to the harmful effects of Roundup’s formulation.

Additionally, the complaint referenced the International Agency for Research on Cancer’s (IARC) 2015 classification of glyphosate as a probable human carcinogen. It contrasted this with the European Food Safety Authority’s (EFSA) conflicting stance, noting the controversy surrounding glyphosate’s safety. The complaint alleged that the defendants failed to acknowledge or act upon the known risks associated with Roundup’s ingredients, which led to serious health consequences for individuals like Womack.

Defense

In response to the allegations, the defendants denied that Roundup caused Womack’s non-Hodgkin’s lymphoma (NHL). They asserted that the product was safe when used as directed. They also claimed that no scientific evidence proved a direct link between Roundup and cancer. The defendants argued that the IARC’s classification of glyphosate as a probable human carcinogen was based on limited and disputed evidence. They pointed out that other regulatory bodies, such as the EFSA, did not find glyphosate to be carcinogenic. Furthermore, the defendants denied any allegations of scientific fraud or intentional misrepresentation. They maintained that they had relied on credible studies supporting the safety of Roundup. They contended that Womack’s NHL could have resulted from other factors unrelated to her use of the herbicide.

Jury Verdict

On November 15, 2024, the jury delivered its verdict, finding Monsanto not liable for the plaintiff’s claims. The jury, with 11 out of 12 jurors in agreement, concluded that the evidence presented did not sufficiently prove that Monsanto’s Roundup caused the plaintiff’s non-Hodgkin’s lymphoma.

Court Documents:

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