Defense Verdict in Case Against Monsanto Alleging PCBs Caused Non-Hodgkin's Lymphoma
Roslyn Dauber, John Di Costanzo, and Gregory Carlos said that they suffered from non-Hodgkin's lymphoma, lymphohematopietic, and other cancers because of their exposure to polychlorinated biphenyls (PCBs). They said that from 1968 through the 1990's, Southern California Gas Co. supplied, sold, and distributed natural gas contaminated with PCBs and owned and operated natural gas pipelines that were PCB contaminated. From 1935 until 1977, the original Monsanto Co. reportedly produced and sold PCBs for a variety of industrial uses, including insulating fluids, inks, paints, dedusting agents, pesticides, lubricants, adhesives, and carbonless copy paper. Dauber, Di Costanzo, and Carlos said that they were exposed to the PCBs during the time that the original Monsanto manufactured PCBs and subsequently because PCBs contaminated the natural gas, air, water, sediment, soil, and food products in their communities. Monsanto Co., Solutia Inc., Pharmacia Corp., and Pfizer Inc. were allegedly legally responsible for the original Monsanto's conduct in the production, sale, and distribution of PCBs.
On April 23, 2012, Dauber, Di Costanzo, and Carlos filed a personal injury complaint against Monsanto Co., Solutia Inc., Pharmacia Corp., Pfizer Inc., Southern California Gas Co., and unknown others in the Superior Court of the State of California, Los Angeles County, alleging claims for negligence, strict products liability for design defect - consumer expectation, and strict products liability for design defect - risk/benefit. Plaintiffs sought general damages; damages for loss of income, wages and earning potential; medical and related expenses; costs of suit; exemplary or punitive damages; damages for fraud; and other relief.
Carlos was severed from the case and consolidated with another case, case number BC509170.
After a jury trial presided over by Judge Stephen Czuleger, the jury reached a verdict on April 5, 2016. The jury found Monsanto not liable to Dauber and Di Costanzo, according to an April 5, 2016 Law360 article.