Attorney Kelly Reardon. Kelly Reardon. Courtesy photo

New London attorney Kelly Reardon filed a new federal lawsuit Tuesday—for a total of six so far—against The Monsanto Co., an agrochemical and agricultural biotechnology corporation.

The new complaint comes as the lawyer and her clients are waiting to learn whether the lawsuits will be resolved as part of a roughly billion-dollar settlement agreement from Monsanto.

The Reardon Law Firm attorneys, including Laura Raymond, have filed six of the eight Connecticut lawsuits against Monsanto since August 2019, alleging the company's Roundup product causes cancer.

The latest lawsuit, filed in late August, was filed on behalf of 60-year-old Connecticut resident Gary Donaghy, who Reardon said, contracted non-Hodgkin lymphoma from years of using Roundup.

The six lawsuits have been transferred to the multidistrict litigation in the Northern District of California, where Judge Vince Chhabria will have a status conference with plaintiffs and defense counsel Thursday.

"We will hopefully learn more about our options," Reardon said Wednesday. "At this point, it's all uncertain as to whether we will be part of the settlement agreement. There is always a possibility that we can reach an individual settlement with the company. The settlement agreement does make the process easier for our client, though."

In June, Bayer, which acquired Monsanto in 2018, agreed to pay upward of $10.9 billion to cover 75% of the 125,000 lawsuits filed that claim Roundup causes cancer, The amount also includes an allowance to cover outstanding claims filed, the company said.

But Chhabria has since raised questions surrounding $1.1 billion that was to go toward future lawsuits—those filed since June 2020. Two Reardon suits were filed since June. Bayer attorneys are still in negotiations with the lead plaintiffs attorneys in an effort to come to another agreement.

Roundup contains an active ingredient known as glyphosate, which, Reardon says, is dangerous and can cause cancer. Glyphosate, the lawsuit says, is a herbicide used to kill weeds and grasses.

"The biggest problem was a lack of adequate warnings despite Monsanto's knowing this chemical in Roundup was unsafe and had a propensity to cause cancer," Reardon said.

The lawsuit claims that each year about 250 million pounds of glyphosate are sprayed on crops, suburban lawns, parks and golf courses.

Reardon, who is seeking punitive and compensatory damages, said Wednesday, "there have already been numerous plaintiff verdicts that have been substantial." She declined to say how much she'd be seeking in her lawsuits.

Last month, for example, a California appeals court reduced a $289 million Roundup verdict to $20.5 million. The court, according to media reports, concluded the compensatory damages was too high.

Tuesday's lawsuit has four counts: negligence; strict products liability, design defect; strict products liability, failure to warn; and breach of implied warranties.

Monsanto's attorney in the six Connecticut lawsuits is Washington, D.C., lawyer Joe Hollingsworth, who didn't respond to a request for comment.

Soon after the agreement calling for upward of $10.9 billion, Werner Baumann, chief executive officer of Bayer, issued a statement on the company's website.

"First and foremost, the Roundup settlement is the right action at the right time for Bayer to bring a long period of uncertainty to an end," Baumann said at that time.

In a statement Wednesday, Monsanto denied a link between its product and cancer. It said health regulators around the world have repeatedly concluded that consumers can safely use Bayer's glyphosate-based herbicides as directed, and that glyphosate is not carcinogenic.

The company pointed to "an extensive body of science spanning more than 40 years, including more than 100 studies EPA considered relevant to its cancer risk analysis, and more than 800 safety studies overall submitted to regulators."

"We have great sympathy for any individual with cancer, but the extensive body of science on glyphosate-based herbicides over four decades supports the conclusion that Roundup does not cause NHL," the statement read. "At the end of the day, whether you're in the court of law, regulatory agencies or court of public opinion, it's the science that should matter here. And the extensive body of science over 40 years, including the most recent human epidemiology studies, shows that glyphosate-based herbicides are not associated with NHL. Customers who know these products best continue to rely on them. Bayer stands behind these products, and will vigorously defend them."

Robert Storace

Robert Storace

Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437-5950.

More from this author ⟶