Johnson v. Monsanto Co.

Jury Awards Groundskeeper $289.2 Million in Landmark Monsanto Roundup Verdict

Dewayne Johnson v. Monsanto Company was the first Roundup cancer lawsuit to proceed to trial. Mr. Johnson's lawsuit alleges exposure to Monsanto’s Roundup weed killer and its active ingredient, glyphosate, caused Northern California resident Dewayne “Lee” Johnson to develop non-Hodgkin lymphoma (NHL). His trial began on July 9, 2018 in California state court and ended on August 10, 2018 with a landmark verdict, the first verdict against Monsanto, determining that Roundup causes non-Hodgkin lymphoma. The jury awarded Mr. Johnson $289 million ($39.2 million in compensatory damages and $250 million in punitive damages for failing to warn consumers that exposure to Roundup weed killer causes cancer).

Punitive damages in Johnson were later reduced to $39.25 million, bringing the combined damages to $78.5 million. Monsanto (now Bayer) appealed the jury verdict. The First District Court of Appeal upheld the verdict, finding that Monsanto is liable on the failure-to-warn claims because substantial evidence was presented that Roundup’s risks were “known or knowable” to Monsanto. The Court reduced the total damages to $20.5 million. Bayer did not seek Supreme Court review.

• Trial transcripts

• Trial exhibits

• Trial news

• Trial press release

• Video: Brent Wisner Closing Argument for Johnson

• Jury instructions

• Official Jury Verdict Form

Lee Johnson worked as a groundskeeper for the Benicia Unified School District in the San Francisco Bay Area. Between 2012 and 2015, part of Mr. Johnson’s job was to apply Monsanto herbicides to school properties.

In 2014, Lee began to experience severe skin irritation, which he reported to health care providers. He also contacted Monsanto, asking if his skin irritation could have been caused by his use of Roundup. Internal Monsanto emails later obtained by Lee’s attorneys show that his queries concerning Roundup were discussed among company employees. However, Monsanto never responded to Mr. Johnson, so he continued to use Roundup.

In August of 2014, Lee was diagnosed with mycosis fungoides (non-Hodgkin lymphoma with large cell transformation). After his diagnosis, his job still required him to apply and be in close contact with Monsanto glyphosate-based herbicides. Despite enduring chemotherapy treatments throughout 2015, Mr. Johnson’s cancer progressed.

Mr. Johnson filed a Roundup cancer lawsuit against Monsanto in 2016. He is represented by the Miller Firm and Wisner Baum (formerly Baum Hedlund Aristei & Goldman).

10/21/2020 update: California Supreme Court denied Monsanto’s (Bayer AG) request for review of the Johnson case.

8/31/2020 update: Monsanto (Bayer AG) files petition for review in California Supreme Court.

7/20/2020 update: Monsanto/ Bayer AG loses appeal in Johnson v. Monsanto. The California Courts of Appeal First Appellate District ruled today in favor of Plaintiff Dewayne “Lee” Johnson. Statement by Co-Lead Trial Counsel R. Brent Wisner:

"This is another major victory for Lee and his family. Nearly every argument by Monsanto was rejected, including Mansanto's vaunted preemption defense, and the verdict was upheld. The reduction in damages is a function of a deep flaw in California tort law, not the merits of the case. Basically, California law does not allow a plaintiff to recover for a shortened life expectancy. This effectively rewards a defendant for killing a plaintiff, as opposed to just injuring him. It is madness. That Lee will not live an entire life with his wife and children should be compensable. Hopefully, when the issue gets before the California Supreme Court, we can change this irrational law." -July 20, 2020

6/2/2020 update: Oral arguments from California appeals court available via CVN.

4/9/2020 update: The California Court of Appeal First Appellate District set a hearing date of June 2, 2020 for Johnson v. Monsanto.

2/11/2020 update: California Attorney General Xavier Becerra filed amicus brief in support of plaintiff.

9/30/2019 update: Attorneys for plaintiff Dewayne “Lee” Johnson filed omnibus response to amicus briefs.

5/24/2019 update: The plaintiff, Mr. Johnson, filed his response and cross appeal.

4/23/2019 update: Monsanto filed its appeal.

3/27/2019 update: The Johnson case is currently on appeal in the California State Court of Appeals. Monsanto’s opening brief is due on April 22, 2019.

10/26/2018 update: Johnson v. Monsanto – Notice of Acceptance of Remittitur – Judge upheld the jury’s verdict but reduced the punitive damages award, bringing the total award to $78.5 million.

Wisner Baum Statement:

While we think the punitive damages reduction was not appropriate, Judge Bolanos’ final ruling did weigh the liability and punitive conduct evidence according to the required standard: in a light most favorable to the prevailing party, thus preserving the jury’s basic findings. We appreciate and acknowledge this jury’s verdict sending a strong message to deter Monsanto’s conduct that caused Lee Johnson’s non-Hodgkin lymphoma. However, to hopefully achieve a final resolution within his lifetime, Mr. Johnson has accepted the punitive damages reduction suggested by Judge Bolanos. We expect Monsanto to appeal, notwithstanding, so we will address all issues regarding the verdict and the amount of damages at the Court of Appeals.

10/22/2018 update: Judge Bolanos denied Monsanto’s motion for JNOV (Judgment Notwithstanding The Verdict) in Dewayne Johnson vs. Monsanto.

• Order Denying Monsanto’s Motion

Statement on behalf of Wisner Baum & The Miller Firm:
Although we believe a reduction in punitive damages was unwarranted and we are weighing the options, we are pleased the Court did not disturb the verdict. The evidence presented to this jury was, quite frankly, overwhelming. And, as we saw in recent days, this jury was intelligent, diligent, and followed the letter of the law. We are happy the jury’s voice was acknowledged by the Court, even if slightly muted. We are still reviewing whether we will accept the proposed remittitur or retry the punitive damages. That said, today is a triumph for our legal system. We care deeply for Lee and his family, and we are excited to share this important win with them and all those who supported this case.

10/12/2018 update: Plaintiff and Defense filed the proposed orders today regarding the motion for JNOV (Judgment Notwithstanding The Verdict) in Dewayne Johnson vs. Monsanto.

• Plaintiff Dewayne Johnson Proposed Order on JNOV
• Defendant Monsanto Proposed Order Granting JNOV

10/2/18 update: Attorneys for Mr. Johnson filed two opposition briefs on October 2, 2018 in response to motions previously filed by Monsanto; one opposing Monsanto’s motion for a new trial and the other opposing Monsanto’s motion to reverse or amend the landmark verdict. According to the plaintiff’s briefs, Monsanto “received a fair trial in this case and an independent assessment by a remarkable jury who unanimously found ample evidence that Plaintiff proved all elements of his case…It is time to end this litigation and respect the jury’s judgment.”

In the documents below, you will find trial transcripts and exhibits (posted after 48-hour delay) and other court documents from Dewayne Johnson v. Monsanto Company. For access to all public documents in this case, you can view the docket via the Superior Court of California, County of San Francisco.

If you are looking for the court documents from the federal Monsanto Roundup litigation (MDL), please visit the Monsanto Court Papers page.

If you are looking for unsealed Monsanto emails, communications, studies and other memoranda, please visit the Monsanto Papers page.

Dewayne Johnson v. Monsanto Trial Transcripts

Day 1: 7/9/18 – Plaintiff opening statement by R. Brent Wisner and Defense opening statement by George C. Lombardi

Day 2: 7/10/18 – Video deposition of Dr. Mark Martens, former Monsanto executive, Toxicology Agriculture Research & Development Director for Monsanto Europe and video deposition of Dr. William Heydens, Product Safety Assessment Strategy Lead

Day 3 A: 7/12/18 – Dr. Christopher Portier, former Director of the Agency for Toxic Substances and Disease Registry, direct by Brent Wisner

Day 3 B: 7/12/18 – Dr. Christopher Portier direct by Brent Wisner resumed

Day 4 A: 7/13/18 – Dr. Christopher Portier direct by Brent Wisner resumed, cross by Kirby Griffis

Day 4 B: 7/13/18 – Dr. Christopher Portier cross by Kirby Griffis resumed

Day 5 A: 7/16/18 – Dr. Christopher Portier cross by Kirby Griffis resumed

Day 5 B: 7/16/18 – Dr. Christopher Portier cross by Kirby Griffis resumed, redirect by Brent Wisner

Day 6 A: 7/17/18 – Dr. Christopher Portier redirect by Brent Wisner resumed, video deposition of Dr. William Heydens continued from Day 2, Monsanto Co. Product Safety Assessment Strategy Lead

Day 6 B: 7/17/18 – Video deposition of Daniel Jenkins, Monsanto’s former US Agency Manager for Regulatory Affairs, video deposition of Daniel Goldstein, Monsanto Co. Lead, Medical Sciences and Outreach and Distinguished Science Fellow

Day 7 A: 7/18/18 – Dr. Alfred Neugut, medical oncologist and cancer epidemiologist at Columbia University, direct by Brent Wisner

Day 7 B: 7/18/18 – Dr. Alfred Neugut direct by Brent Wisner resumed, cross by George Lombardi, redirect by Brent Wisner, recross by George Lombardi, re-redirect by Brent Wisner

Day 8 A: 7/20/18 – Dr. Chadi Nabhan, hematologist and medical oncologist, direct by David Dickens

Day 8 B: 7/20/18 – Dr. Chadi Nabhan, direct by David Dickens resumed, cross by George Lombardi, redirect by David Dickens, recross by George Lombardi, re-redirect by David Dickens

Day 9 A: 7/23/18 – Dr. Ope Ofodile, Mr. Johnson’s dermatologist, direct by Brent Wisner, redirect by Kirby Griffis; Araceli Johnson, plaintiff’s wife, direct by David Dickens; Dewayne “Lee” Johnson, plaintiff, direct by David Dickens

Day 9 B: 7/23/18 – Dewayne “Lee” Johnson, plaintiff, direct by David Dickens resumed, cross by Sandra Edwards, video deposition of Daniel Goldstein resumed

Day 10 A: 7/24/18 – Video deposition of Daniel Goldstein resumed, video deposition of Donna Farmer, Product Protection and Nutrition Lead, Monsanto Company. Watch Part 1 Jan. 11, 2017 Donna Farmer Deposition (video) as played at trial Johnson v. Monsanto Co. and Part 2 Jan. 12, 2017 Donna Farmer Deposition (video) as played at trial Johnson v. Monsanto Co.

Day 10 B: 7/24/18 – Video deposition of Donna Farmer resumed

Day 11: 7/25/18 – No transcripts – Jury not present – though exhibits were admitted

Day 12 A: 7/26/18 – William Robert Sawyer, toxicologist, direct by David Dickens

Day 12 B: 7/26/18 – William Robert Sawyer, direct by David Dickens resumed, cross by George Lombardi, redirect by David Dickens, recross by George Lombardi

Day 13 A: 7/27/18 – Charles Benbrook, scientist and agricultural economist, direct by Brent Wisner

Day 13 B: 7/27/18 – Charles Benbrook direct by Brent Wisner resumed, cross by Kirby Griffis, redirect by Brent Wisner, recross by Kirby Griffis

Day 14 A: 7/30/18 – Dr. Kassim Al-Khatib, professor and weed scientist, direct by Sandra Edwards, voir dire examination by Brent Wisner, cross by Brent Wisner

Day 14 B: 7/30/18 – Cross resumed by Brent Wisner, redirect by Sandra Edwards, recross by Brent Wisner, video deposition of Dr. Matthew Ross played, video deposition of epidemiologist Aaron Blair played.

Day 15 A: 7/31/18 – Lorelei Mucci, associate professor of epidemiology, direct by George Lombardi, voir dire examination by Brent Wisner, direct resumed by George Lombardi

Day 15 B: 7/31/18 – Lorelei Mucci, cross by Brent Wisner, redirect by George Lombardi, recross by Brent Wisner

Day 16 A: 8/2/18 – Dr. Warren Foster, direct by Kirby Griffis, voir dire examination by Brent Wisner, direct resumed by Kirby Griffis

Day 16 B: 8/2/18 – Dr. Warren Foster, direct continued by Kirby Griffis, cross by Brent Wisner, redirect by Kirby Griffis, recross by Brent Wisner

Day 17 A: 8/3/18 – Dr. Timothy Kuzel, hematologist and oncologist, direct by Kirby Griffis, voir dire examination by David Dickens, direct continued by Kirby Griffis, cross by David Dickens

Day 17 B: 8/3/18 – Dr. Timothy Kuzel, cross continued by David Dickens

Day 18 A: 8/7/18 – Plaintiff closing statement by Brent Wisner

Day 18 B: 8/7/18 – Defense closing statement by George Lombardi; Plaintiff final statement by Brent Wisner

Plaintiff Closing Slide Presentation by R. Brent Wisner

Day 19: 8/8/18 – Jury intructions given; Jury asks for testimony of Dr. Nabhan

Day 20: 8/9/18 – Jury requests reading of stipulations, Monsanto’s admissions, and Dr. Foster’s testimony

Day 21: 8/10/2018– Verdict.

Jury unanimously orders Monsanto (now Bayer) to pay $289.25 million in damages ($250 million in punitive damages and $39.25 million in compensatory damages), finding exposure to Roundup caused Mr. Johnson to develop non-Hodgkin lymphoma.

Plaintiff attorney Brent Wisner during his opening statement to the Johnson trial jury | JOSH EDELSON/AFP/ Getty Images