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This case was last updated from PACER on 06/12/2021 at 15:17:44 (UTC).

Orellana v. Monsanto Company

Case Summary

On April 13, 2021, Jennifer Orellana (“Plaintiff”) represented by Beau Michael Goodrick, Gregory L. Owen and Susan A. Owen of Owen, Patterson & Owen, LLP filed a personal injury lawsuit against Defendant Monsanto Company (“Defendant” or “Monsanto”), seeking compensatory and punitive damages for alleged personal injuries suffered by Plaintiff caused by Defendant’s negligent and wrongful conduct in connection with distribution, sale etc., of the herbicide Roundup. This case was filed in the U.S. District Court for the Eastern District of California with Judges Dale A. Drozd and Jennifer L. Thurston presiding. 

 

In the complaint, the Plaintiff has alleged that “that Roundup and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use.  Plaintiff sustained by exposure to Roundup containing the active ingredient glyphosate and the surfactant POEA. As a direct and proximate result of being exposed to Roundup, Plaintiff developed non-Hodgkin’s lymphoma (“NHL”). Defendant knew or should have known that Roundup is more toxic than glyphosate alone and that safety studies on Roundup, Roundup’s adjuvants and “inert” ingredients, and/or the surfactant POEA were necessary to protect Plaintiff from Roundup.”

 

The Plaintiff further alleged “Defendant knew or should have known that tests limited to Roundup’s active ingredient glyphosate were insufficient to prove the safety of Roundup. It failed to appropriately and adequately test Roundup, Roundup’s adjuvants and “inert” ingredients, and/or the surfactant POEA to protect Plaintiff from Roundup. Rather than performing appropriate tests, Defendant relied upon flawed industry supported studies designed to protect Defendant’s economic interests rather than Plaintiff and the consuming public. Plaintiff sprayed Roundup on a regular basis. Plaintiff followed all safety and precautionary warnings during the course of use, however, was diagnosed with NHL in approximately January 2012 as a result of her exposure to Roundup product. As a result of Plaintiff’s injury, Plaintiff incurred significant economic and noneconomic damages.”

 

The Plaintiff also alleged that “As a result of Defendant’s actions, Plaintiff was unaware, and could not reasonably have known or have learned through reasonable diligence, that Roundup and/or glyphosate contact exposed Plaintiff to the risks alleged herein and that those risks were the direct and proximate result of Defendant’s acts and omissions.”




There are four causes of action laid down by the Plaintiff. The first cause of action is for alleged negligence, as Defendant had a duty to exercise reasonable care in the designing, researching, testing, manufacturing, marketing, supplying, promoting, packaging, sale, and/or distribution of Roundup into the stream of commerce, including a duty to assure that the product would not cause users to suffer unreasonable, dangerous side effects. The second cause of action is for strict products liability due to an alleged design defect. The third cause of action is for strict products liability due to an alleged failure to warn. The fourth cause of action is for alleged breach of implied warranty. 

 

In the prayer for relief, the Plaintiff has requested the Court to award compensatory damages, including, but not limited to: severe and personal injuries, which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life, lost wages, and financial expenses for hospitalization etc., punitive & exemplary damages for the wanton, wilful, fraudulent, and reckless acts of the Defendant, and any other costs, interest and along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00615

  • Filing Date:

    04/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    California Eastern District

Judge Details

Presiding Judge

Dale A. Drozd

Referral Judge

Jennifer L. Thurston

 

Party Details

Plaintiff

Jennifer Orellana

Defendant

Monsanto Company

Attorney/Law Firm Details

Plaintiff Attorneys

Gregory L. Owen

Attorney at Owen, Patterson & Owen

23822 W. Valencia Blvd., Suite 201

Valencia, CA 91351

Susan A. Owen

Attorney at Owen Patterson and Owen

23822 W. Valencia Blvd., Suite 201

Valencia, CA 91355

Beau Michael Goodrick

Attorney at Owen, Patterson & Owen, LLP

23822 W. Valencia Blvd, Suite 303

Valencia, CA 91355

 

Court Documents

#4

(#4) NOTICE of RELATED CASE(S) MDL No. 2741 by Jennifer Orellana. (Goodrick, Beau) (Entered: 05/05/2021)

3 #5

VDRP

3 #4

Consent Form

3 #3

Standing Order re Judicial Emergency

3 #2

Standing Order

3 #1

JLT Worksheet

#3

(#3) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/13/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Consent Form, #5 VDRP) (Maldonado, C) (Entered: 04/13/2021)

#2

(#2) SUMMONS ISSUED as to *Monsanto Company* with answer to complaint due within *21* days. Attorney *Beau Michael Goodrick* *Owen, Patterson & Owen, LLP* *23822 W. Valencia Blvd, Suite 303* *Valencia, CA 91355*. (Maldonado, C) (Entered: 04/13/2021)

1 #1

Civil Cover Sheet Civil Cover sheet

#1

(#1) COMPLAINT against All Defendants by Jennifer Orellana. (Filing fee $ 402, receipt number 0972-9539642) (Attachments: #1 Civil Cover Sheet Civil Cover sheet)(Goodrick, Beau) (Entered: 04/13/2021)

 

Docket Entries

  • 05/05/2021
  • View Court Documents
  • Docket(#4) NOTICE of RELATED CASE(S) MDL No. 2741 by Jennifer Orellana. (Goodrick, Beau) (Entered: 05/05/2021)

    Read MoreRead Less
  • 04/13/2021
  • View Court Documents
  • Docket(#3) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/13/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Consent Form, #5 VDRP) (Maldonado, C) (Entered: 04/13/2021)

    Read MoreRead Less
  • 04/13/2021
  • View Court Documents
  • Docket(#2) SUMMONS ISSUED as to *Monsanto Company* with answer to complaint due within *21* days. Attorney *Beau Michael Goodrick* *Owen, Patterson & Owen, LLP* *23822 W. Valencia Blvd, Suite 303* *Valencia, CA 91355*. (Maldonado, C) (Entered: 04/13/2021)

    Read MoreRead Less
  • 04/13/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against All Defendants by Jennifer Orellana. (Filing fee $ 402, receipt number 0972-9539642) (Attachments: #1 Civil Cover Sheet Civil Cover sheet)(Goodrick, Beau) (Entered: 04/13/2021)

    Read MoreRead Less
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