Monsanto Roundup Cancer - One Cancer Victim’s Roundup Story - filed suit Feb 2016

[womanofthehills]

Global corporate behemoth and villain Monsanto continues to insist that its flagship product, Roundup, is “safe enough to drink” (despite the fact that one of their executives refused to drink it when offered a glass of the product). Company representatives insist that the growing body of scientific evidence of Roundup’s carcinogenicity is “unproven.”

Around 1995, Christine Sheppard started using Roundup on her commercial coffee crop, believing Monsanto’s claims that the product was perfectly safe. After several years, Christine began experiencing unusual fatigue and unexplained weight loss. In 2003, she was diagnosed with non-Hodgkin’s lymphoma. This is a type of blood cancer that starts in the lymphatic cells. While its progress can be slowed with chemotherapy and radiation symptoms, it is almost invariably fatal. It is also a form of cancer suffered by a large number of farmers and other agricultural workers who have been exposed to Roundup for extended periods of time. The following year, she and her husband were forced to sell the coffee plantation and return to the mainland in order to seek treatment.

http://trofire.com/2016/08/24/one-cancer-victims-roundup-story/

[RapSoDee]

1. GMO crops & companion chemicals have depended on deception since their inception

From Independent Science News:

How the GE Food Venture Has Been Chronically Dependent on Deception

Synopsis: The first examples of GE products investigated by the Food and Drug Adminstration (FDA) were a disaster.

A GE tryptophan supplement unexpectedly contained a toxic byproduct that permanently maimed hundreds of people and killed others, while the Flavr Savr tomato produced stomach lesions and unexplained mortality in mice.

In both cases, the responsible agency, FDA, covered up the evidence and officially proclaimed there was no evidence of harm due to genetic engineering.

The safety of GMOs is not a certitude argues attorney Steven Druker, instead, problems have been covered up and the scientific consensus has been misrepresented. Largely ignored in this deception has been the role of public officials.

https://www.independentsciencenews.org/health/how-the-ge-food-venture-has-been-chronically-dependent-on-deception/

[Dr Hobbitstein]

2. The plural of anecdote is not data.

There is still no link between glyphosate and cancer. Even UN experts (ie, scientists) don't believe there is a link.

http://www.reuters.com/article/us-health-who-glyphosate-idUSKCN0Y71HR

But hey, you keep fucking that chicken!

[womanofthehills]

4. Actually, the cancer research group of the UN say there is a possible link

This statement is from your link:

"The conclusions appear to contradict a finding by the WHO's Lyon-based International Agency for Research on Cancer (IARC), which in March 2015 said glyphosate is "probably" able to cause cancer in humans and classified it as a 'Group 2A' carcinogen.

The UN Food and Agriculture study (with Monsanto insiders) says it's not cancerous, but the UN International Agency for Research says it probably is. I think I'll go with the scientists who study cancer.

[Dr Hobbitstein]

6. The IARC are not scientists, they did no study.

"Probably" is an operative word. The UN Food & Agriculture study WAS performed by scientists.

But leave it to an anti-vaxxer such as yourself to cherry pick the data to suit your bias while claiming that everyone else is a shill for Monsanto.

So, if you want to go with the scientists who study cancer, you probably shouldn't go with the IARC, as they are not scientists who study cancer.

But as I said before, keep fucking that chicken.

[womanofthehills]

17. So Dr. Wild is really not a scientist - according to you

The IARC studies all the research- obviously eliminating the short term studies done by Monsanto

Dr Christopher P. Wild, IARC Director
Christopher Wild obtained his PhD in 1984 from the University of Manchester, UK, and was awarded an IARC postdoctoral fellowship (held at IARC) and subsequently a UK Royal Society European Exchange Fellowship (at the Netherlands Cancer Institute, Amsterdam). In 1987, he rejoined IARC as a staff scientist and later became Chief of the Unit of Environmental Carcinogenesis. In 1996, he was appointed to the Chair of Molecular Epidemiology at the University of Leeds; he headed the Centre for Epidemiology and Biostatistics and became Director of the Leeds Institute of Genetics, Health and Therapeutics in December 2005. Dr Wild was elected Director of IARC from 1 January 2009.

The main research interest of Dr Wild is to understand the interplay between environmental and genetic risk factors in the causation of human cancer. He proposed the concept of the “exposome” to match the genome in order to better address this research topic. He has particularly sought to apply biomarkers in population-based studies to this end in relation to liver and oesophageal cancers. He supervises directly the Gambia Hepatitis Intervention Study.
https://www.iarc.fr/en/office-dir/director/dirbiography.php

[Dr Hobbitstein]

20. The IARC are not research scientists. They look at the data that has already been researched.

They released an OPINION last year. Then UN disagrees with that opinion based on the multitude of INDEPENDENT LONG TERM studies done on the effects of glyphosate over the past 30 years. I know science is hard for an anti-vaxxer such as yourself, but I'd suggest actually learning a thing or two about it.

Once again, you would rather classify 99% of the research as "short term studies by Monsanto" than admit you are wrong. The shill gambit is strong with you. Just like anti-vaxxers and global warming denialists.

Goodbye WOOmanofthehills.

[RapSoDee]

3. Weed killer kills human cells

"...now ​researchers ​have found that ​one of ​Roundup’s ​inert ​ingredients ​can kill ​human cells, ​particularly ​embryonic, ​placental and ​umbilical cord ​cells..."

https://thewaternetwork.com/article-FfV/weed-killer-kills-human-cells-study-intensifies-debate-over-inert-ingredients-environmental-health-JyxlSc3tgcozQh8rYeHSaw

Profoundly disturbing when you realize​ that recent scientific tests have shown that 93% of human beings now have this chemical crap in their bodies.

People (trolls included) are welcome to consume all the freakin GMOs they want (over 80% of which depend on this herbicide), and to sing its praises all over the freakin Internet.

But I don't want that chemcial crap in my body, or in my children or grandchildren.

[MohRokTah]

5. This case will be laughed out of court. eom

[RapSoDee]

7. Chemcical-GMO corporate profiteers and their trolls will laugh at this case, too

But the human beings who are getting sick from this crap will not...

Washington, DC - Today, three non profit organizations filed a lawsuit against General Mills for misleading the public by labeling their Nature Valley brand granola bars “Made with 100% NATURAL whole grain OATS.” It was recently discovered that the herbicide chemical glyphosate, an ingredient in Roundup and hundreds of other glyphosate-based herbicides, is present in the Nature Valley granola bars, which consumers expect to be natural and free of toxins...

...“Glyphosate cannot be considered ‘natural’ because it is a toxic, synthetic herbicide,” said Jay Feldman, executive director of Beyond Pesticides. “Identified by the World Health Organization (WHO) as a carcinogen, it should not be allowed for use in food production, and certainly not in food with a label that suggests to consumers that the major ingredient –oats– is 100% natural, when it is produced with and contains the highly hazardous glyphosate,” he said...

https://www.organicconsumers.org/press/non-profits-sue-general-mills-false-and-misleading-use-natural

[RapSoDee]

8. The average newborn has 287 chemicals in the umbilical cord blood, 217 of which are neurotoxic.

Those babies don't need no stinkin glyphosate added to the freaking synthetic chemical stew they already have to deal with as they draw their first breath.

I don't give a damn about any of the excuses made by corporate "scientists" and their armies of Inet trolls. I care about the children being born, children who deserve our concern and protection. Keep it clean.

http://drhyman.com/blog/2016/07/25/get-these-toxins-out-of-your-house/

[Dr Hobbitstein]

10. Says Dr. Mark Hyman, an anti-vaxxer.

Just another peddler of woo. Try to find a real source for that info. You know, maybe a properly peer-reviewed article? Not bullshit woo from an anti-vax "celebrity doctor".

[MohRokTah]

9. People are not getting sick from glyphosate when it is applied correctly according to the label. eom

[womanofthehills]

12. Correctly applied. nt - farmers spraying Dicamba - not approved by EPA

And many reports of farmers not applying legal pesticides. Check out this article of farmers spraying illegal herbicides. Pesticides not yet approved by EPA. It's a mess - pesticide drift from Dicamba killing crops. Monsanto wants EPA to approve Dicamba because Roundup is working so well. - Not

Suspected illegal herbicide use takes toll on southeast Missouri farmers

Farmers of soybeans and other crops in southeast Missouri, western Tennessee and northeastern Arkansas are facing widespread crop damage believed to be the result of illegal spraying of dicamba, an older herbicide that is finding new life as a tool to battle glyphosate-resistant weeds.

State investigations into each complaint are ongoing, but many suspect the problem stems from farmers who have planted Roundup Ready 2 Xtend soybeans — a dicamba-resistant crop variety released this year by Creve Coeur-based Monsanto Co. But, the dicamba-based herbicide meant to be applied to Xtend seeds has not yet been approved by the Environmental Protection Agency, leaving farmers without the tool intended to fight increasingly stubborn weeds that have developed resistance to other herbicides, like Roundup, which has glyphosate as its active ingredient.

http://www.stltoday.com/business/local/suspected-illegal-herbicide-use-takes-toll-on-southeast-missouri-farmers/article_af161843-b6cf-5939-beba-fc23585e8478.html

[womanofthehills]

11. Actually - it is going to court - Monsanto tried to stop it but judge ruled against Monsanto

Why would you side with Monsanto over people made sick by pesticides? The lawsuits are just beginning and growing. "laughed out of court" - I don't think so.

Monsanto Lawsuits
In 1996, the New York Attorney General filed a Roundup lawsuit against Monsanto for falsely advertising the weed killer as being “safer than table salt” and “practically non-toxic” to mammals, birds and fish. The lawsuit claimed that Monsanto was falsely telling farmers and agricultural workers that Roundup was non-toxic.

Lawsuits have been filed across the US alleging that Monsanto has known about the link between glyphosate and cancer since the 1980's but failed to inform the public about the danger. A number of plaintiffs are asking for their cases to be consolidated into a multidistrict litigation (MDL) in Los Angeles, California. Monsanto is asking federal judges to centralize 21 Roundup lawsuits into an MDL in the Southern District of Illinois.

As of August 4, 2016 at least 26 Roundup lawsuits have been filed nationwide by 12 different law firms. Monsanto says it is facing at least 200 more lawsuits after its motions for dismissal were denied in some cases. Courthouse News (July 1, 2016) reports that a federal judge in Honolulu denied Monsanto's request to dismiss a claim brought by Christine Shephard, a former coffee farmer who claims Roundup caused her non-Hodgkin lymphoma. Christine and Kenneth Shephard filed their lawsuit just one week after Monsanto filed a claim in California that attempted to prevent the addition of glyphosate from the state's list of known carcinogens.

In May 2016, Four Nebraskan agricultural workers filed a lawsuit against Monsanto, blaming its Roundup weed killer for their non-Hodgkin lymphoma after many years of exposure. The lawsuit also accuses Monsanto of purposely misleading consumers about the safety of Roundup and its active ingredient glyphosate. Further, Monsanto mislabeled the product in defiance of the "body of recognized scientific evidence linking the disease to exposure to Roundup."

California farmer Jack McCall used Monsanto Roundup for nearly 30 years, during which time he developed cancer symptoms. After McCall died in December 2015 from non-Hodgkin lymphoma, his widow filed a wrongful death lawsuit against Monsanto. (Case No. 2:16:cv-01609)

In April 2015, a Roundup class action lawsuit was filed in California, accusing Monsanto of false advertising for claiming that Roundup is harmless to human health because “glyphosate targets an enzyme found in plants but not in people or pets.” (Case No: BC78 942)

https://www.lawyersandsettlements.com/lawsuit/Monsanto-Roundup.html

[hardluck]

14. Not sure what you mean by going to court

Last edited Fri Aug 26, 2016, 01:49 AM - Edit history (1)

The judge ruled against Monsanto in a Rule 12b6 motion. Monsanto sought to have the case dismissed based on, inter alia, the applicable statute of limitations (2 years in HI). Monsanto attempted to have the court take judicial notice of an editorial Plaintiff write in 2009 that may establish that she suspected the cause of her injury at that point, thus the action was time barred. The court rightly rejected Monsantos argument given that a 12b6 motion is based on the allegations of the complaint and not extrinsic evidence.

This is pretty basic early motion practice and does reflect the court's opinion as to the merits of the case. Frankly, Monsantos SOL defense seems damn strong on summary judgment, not to mention plaintiff's experts will have a hard time surviving a Daubert challenge. Case is probably going nowhere. In any event, it's about to be transferred to the MDL

As to the California class action, it was removed to federal court and subsequently dismissed with prejudice on a 12b motion. Plaintiffs 17200 claim was preempted by federal law. So bye bye.

[womanofthehills]

15. I meant the case is proceeding - Monsanto was not able to stop it at this point

Monsanto Can't Nix Herbicide Cancer Suit

By Steven Trader
Law360, New York (June 30, 2016, 12:54 PM ET) -- Claims by a husband and wife alleging Monsanto Co.’s Roundup brand weed killer causes cancer are neither barred by an expired statute of limitations, nor preempted by federal law and can proceed, a Hawaii federal judge concluded on Wednesday.

Plaintiffs Christine and Kenneth Sheppard can move forward on their allegations that agricultural exposure to Roundup caused Christine to develop non-Hodgkin lymphoma in 2003, Chief U.S. District Judge J. Michael Seabright ruled, denying Monsanto’s argument that the claims were time-barred and preempted by the Federal Insecticide, Fungicide...

http://www.law360.com/articles/812693/monsanto-can-t-nix-herbicide-cancer-suit?article_related_content=1

[hardluck]

18. At this point...

Not a good case though. Plaintiffs article from 2009 puts her in a difficult case SOL-wise.

[womanofthehills]

21. Judge says because WHO ruling was not till 2015 - no problem - who knows?

I don't know much about the law - just trying to comprehend what I read. From another article.

Monsanto filed a motion to dismiss the lawsuit, claiming that the editorial was proof that Christine suspected Roundup contributed to her cancer at least 7 years before filing the lawsuit on February 2, 2016. Monsanto said since the editorial was written in 2009 and Christine had not taken action the lawsuit was outside the two-year statute of limitations for tort claims.

U.S District Judge Michael Seabright disagreed with Monsanto and said that the editorial was “inappropriate” to consider. “It is not apparent on the face of the complaint that the statute of limitations has run, especially considering the allegations regarding the 2015 designation [of Roundup as a probable carcinogen] by the WHO (World Health Organization),” wrote Seabright.

The Sheppards are claiming Roundup is “misbranded” in violation of the Federal Insecticide, Fungicide, and Rodenticide Act, or FIFRA.

Judge Seabright’s reference to the WHO is based on two studies from the the WHO’s own International Agency for Research on Cancer (IARC). In March 2015 the IARC published a report which found that glyphosate “probably” contributes to non-Hodgkin lymphoma in humans and classified it as a ‘Group 2A’ carcinogen. Aaron Blair, a scientist emeritus at the National Cancer Institute and lead author of the study, told Reuters, “There was sufficient evidence in animals, limited evidence in humans and strong supporting evidence showing DNA mutations and damaged chromosomes.”

http://www.activistpost.com/2016/07/federal-judge-rules-lawsuit-against-monsanto-can-proceed.html

[womanofthehills]

16. Another case against Monsanto that is proceeding at this time - Yolanda Mendo

Mother-of-Three Sues Monsanto Claiming Roundup Caused Her Cancer

Three years ago, Mendoza was diagnosed with stage four non-Hodgkin's Lymphoma when she was only in her mid-thirties. When asked how she felt about the worrisome diagnosis, she recalled to CBS News, "[I felt] that I ­­was going to die. I had only like a few days."

The mother of three explained to CBS that she would walk around her one-acre property with a backpack sprayer containing the controversial weedkiller and believes the product led to her illnes

Robin Greenwald, the head of environmental protection at personal injury law firm Weitz & Luxenberg, represents Mendoza and has helped file nine other cases against the St. Louis-based corporation over their blockbuster product.
Greenwald told EcoWatch that all of these cases are focused on exposure to Roundup and diagnosis of non-Hodgkin's Lymphoma, and the IARC has "issued a strong association" between glyphophate and the cancer.

Monsanto has sought dismissal of Mendoza's case as well as other similar cases but the company's motions have consistently been denied. EcoWatch has seen three such court orders, one from Hawaii and two from California, that have rejected Monsanto's attempt to dismiss the respective lawsuits.

http://www.ecowatch.com/mother-of-three-sues-monsanto-claiming-roundup-caused-her-cancer-1897071218.html

[hardluck]

19. Interesting procedural history

Judge Dolly Gee (good judge) severed the cases and transferred them - one to the eastern district of CA and one to Tx. Plaintiff in the EDCA case just survived a motion to dismiss. Still early in the case though. Causation will be a bitch...and Daubert beacons....