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CVN has covered a wide range of big-ticket proceedings across the country over the last several weeks, including a blockbuster case against Monsanto, a Massachusetts trial win for R.J. Reynolds, and more. As we close out 2023, take a look back at highlights of some of our recent trial coverage.
Monsanto Hit With $332M Verdict in California “Roundup” Trial
A California state court jury handed down a $332 million total verdict, including $325 million in punitive damages, for the role it found Monsanto’s Roundup weed killer played in the development of a man’s cancer.
Mike Dennis claims he developed a form of non-Hodgkin lymphoma at the age of 51 due to exposure to glyphosate in Roundup, while Monsanto contends the chemical is not carcinogenic.
In closings, Dennis’ attorney, Clark, Love & Hutson's Scott Love told jurors that Monsanto should be financially punished for failing to properly study alleged dangers underlying Roundup.
“I’ll tell you quite honestly, if you award $100 million in punitive damages, it’s a win for them…. The evidence is overwhelming that they should have done something, and they did nothing for three decades.”
R.J. Reynolds Cleared at Trial Over Massachusetts Man’s Bladder Cancer
Jurors cleared R.J. Reynolds and Stop & Shop Supermarket at trial over claims they were responsible for the bladder cancer a Massachusetts man developed after decades of smoking.
Joseph Gallagher contends that the bladder cancer he developed in 2020 was caused by his smoking, Reynolds’ production of cigarettes it knew were addictive and dangerous, and the company’s involvement in an industry-wide conspiracy to conceal smoking’s risks.
However, in closings of the 12-day trial, Jones Day’s Jason Keehfus, representing Reynolds, reminded jurors of evidence he said showed that Gallagher continued to smoke for years, despite knowing the dangers of cigarettes.
“They tried to force him into this narrative of someone who had the wool pulled over his eyes, and didn’t know smoking was dangerous. But, the facts got in the way.”
Read more about the verdict. .
Arizona Jury Awards $31.5M+ in Med Mal Trial Over Child’s Birth-Related Brain Injury
Banner Health was found liable last month for a child’s cerebral palsy, which his mother claims was caused by medical negligence and a lack of oxygen to the infant’s brain during birth. The roughly $31.5 million verdict is the largest such award in Arizona’s history, according to plaintiff’s attorneys.
Key to the case was whether Pitocin, meant to induce labor contractions, was appropriately administered. Banner maintained appropriate protocol was followed. However, during closings, Dordick Law’s Gary Dordick argued the drug had inherent dangers for which healthcare providers did not properly account.
“They give Pitocin all the time. That’s the problem. They lose track of the fact that it’s a high-alert drug.”
$16.6M+ Verdict at Trial Over Big Rig Crash That Left Georgia Man With TBI
A Georgia jury awarded more than $16.6 million for the traumatic brain injury, among other injuries, a man suffered in a collision with a tractor-trailer that had braked to a stop on a freeway while avoiding a vehicle passing into its lane. Jurors found Brown Trucking Co. 60% responsible for the crash, apportioning the remaining 40% of fault to the plaintiff, Avnish Dalal, likely reducing a post-verdict award to roughly $10 million.
Brown Trucking Co. claims its driver followed appropriate protocol in attempting to avoid a van passing through its lane. But, in openings of the December trial, Dalal’s attorney, Fried Goldberg’s Michael Goldberg, previewed evidence he said would show the driver violated industry standards in failing to accelerate after the van passed through his lane.
“Everyone admits that if [the Brown Trucking Co. driver] hits the accelerator by 100 percent right here, which he’s required to do under industry standards, Mr. Dalal gets around this, and doesn’t have an accident.”
Email Arlin Crisco at acrisco@cvn.com.
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