On June 8, 2022, Estate of Allen Winters (“Plaintiff”), represented by Charles H. Johnson of Law Offices of Charles H. Johnson, PA, filed a personal injury lawsuit against Monsanto Company (“Monsanto” or “Defendant”), seeking equitable relief and damages for alleged negligence and wrongful conduct. This case was filed in the U.S. District Court for the District of Minnesota with Judges Nancy E. Brasel and Elizabeth Cowan Wright presiding.
The complaint stated that “Plaintiff brings this action for personal injuries sustained by exposure to Roundup (‘Roundup’) containing the active ingredient glyphosate and the surfactant POEA. As a direct and proximate result of being exposed to Roundup, Plaintiff developed Lymphoma. Defendant advertises and sells goods, specifically Roundup, throughout the United States.”
The complaint further stated that “Defendant was in the business of, and did, design, research, manufacture, test, advertise, promote, market, sell, distribute, and/or acquired and was responsible for others who designed, researched, manufactured, tested, advertised, promoted, marketed, sold, and distributed the commercial herbicide Roundup. Monsanto is a multinational agricultural biotechnology corporation based in St. Louis, Missouri. It is the world’s leading producer of glyphosate.”
The complaint then stated that “Defendant discovered the herbicidal properties of glyphosate during the 1970’s and subsequently began to design, research, manufacture, sell and distribute glyphosate based ‘Roundup’ as a broad-spectrum herbicide. Glyphosate is the active ingredient in Roundup. Glyphosate is a broad-spectrum herbicide used to kill weeds and grasses known to compete with commercial crops grown around the globe.”
Plaintiff alleged that “Glyphosate is a ‘non-selective’ herbicide, meaning it kills indiscriminately based only on whether a given organism produces a specific enzyme, 5-enolpyruvylshikimic acid- 3-phosphate synthase, known as EPSP synthase. Sprayed as a liquid, plants absorb glyphosate directly through their leaves, stems, and roots, and detectable quantities accumulate in the plant tissues. Each year, approximately 250 million pounds of glyphosate are sprayed on crops, commercial nurseries, suburban lawns, parks, and golf courses. For nearly 40 years, farmers across the globe have used Roundup, unaware of its carcinogenic properties.”
Plaintiff then alleged that “Plaintiff used Roundup in commercial business operations for a significant portion of Plaintiffs life. Plaintiff also used Roundup in recreational gardening and lawncare routinely. Plaintiff followed all safety and precautionary warnings during the course of use. As a result of exposure to Roundup, Plaintiff developed lymphoma. Plaintiff was diagnosed with Lymphoma in December, 2021. As a result of this injury, Plaintiff could not begin treatment for lymphoma because it was too advanced for effective treatment. As a result of this injury, Plaintiff is deceased as of January, 2022.”
Plaintiff presented four claims for relief alleging negligence, strict liability, failure to warn, defective design and manufacture, and breach of implied warranties.
In the prayer for relief, Plaintiff requested equitable relief and compensatory and statutory damages.
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Disposed - Other Disposed
Personal Injury - Other Product Liability
Nancy E. Brasel
Elizabeth Cowan Wright
Charles H Johnson
Attorney at Law Offices of Charles H Johnson, PA
2599 Mississippi St
New Brighton, MN 55112
Civil Cover Sheet
(#3) Summons Issued as to Monsanto Company. (kt) (Entered: 06/09/2022)
(#5) CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-337) transferring case to the Northern District of California per the MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Vince Chhabria.(kt) Modified text on 6/27/2022 (kt). (Entered: 06/27/2022)
Docket(#7) (Text-Only) CLERK'S NOTICE: Case transferred from Minnesota has been opened in California Northern District as case 3:22-cv-03822, filed 06/28/2022. (CLK) (Entered: 06/29/2022)Read MoreRead Less
Docket(#6) (Text-Only) CLERK'S NOTICE: This case has been transferred/extracted to the Northern District of California. (kt) (Entered: 06/27/2022)Read MoreRead Less
Docket(#5) CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-337) transferring case to the Northern District of California per the MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Vince Chhabria.(kt) Modified text on 6/27/2022 (kt). (Entered: 06/27/2022)Read MoreRead Less
Docket(#4) Clerk's Notice to JPML regarding case potentially related to MDL #2741 re: #1 Complaint. (kt) (Entered: 06/09/2022)Read MoreRead Less
Docket(#3) Summons Issued as to Monsanto Company. (kt) (Entered: 06/09/2022)Read MoreRead Less
Docket(#2) (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per 3rd/4th Master list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 22-cv-1526 NEB/ECW.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (kt) (Entered: 06/09/2022)Read MoreRead Less
Docket(#1) COMPLAINT against Monsanto Company (filing fee $ 402, receipt number AMNDC-9561470) filed by Allen Winters. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Johnson, Charles) (Entered: 06/08/2022)Read MoreRead Less
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