Products Liability Law Reporter

California resident Daniel Anderson, Missouri resident Jimmy Draeger, and New York resident Valerie Gunther each used Roundup weedkiller for at least 10 years. While Anderson was in his 30s; Gunther, in her 60s; and Draeger, in his 50s, they received a diagnosis of non-Hodgkin lymphoma. Each underwent chemotherapy and radiation. Gunther and Anderson also underwent stem cell therapy. All reached remission but face the likelihood of their disease recurring.

Anderson, Draeger and his wife, and Gunther sued Monsanto Co., alleging strict liability defective design, strict liability failure to warn, and negligence. The plaintiffs asserted that although the defendant knew that Roundup could cause cancer, it failed to warn consumers.

The jury awarded approximately $1.56 billion. Anderson was awarded $38 million in compensatory damages and $500 million in punitive damages; Draeger, $5.6 million in compensatory damages and $500 million in punitive damages; his wife, $100,000 for loss of consortium; and Gunther, $17.5 million in compensatory damages and $500 million in punitive damages.

Citation: Hay v. Monsanto Co., No. 22AC-CC00043 (Mo. Cir. Ct. Cole Cnty. Nov. 17, 2023).

Plaintiff counsel: Bart Rankin, Jay Utley, Ben Kelly, Joanna Raines McKinney, Joshua Richardson, McAlan Duncan, Matthew Stubbs, and Benjamin Browder, all of Dallas; and Matthew Clement, Kari Schulte, and Joshua Moore, all of Jefferson City, Mo.