SAN DIEGO – A San Diego County couple alleges the husband's illness was caused by exposure to an herbicide.
Anthony and Julie Harris filed a complaint on Sept. 8 in the U.S. District Court for the Southern District of California against Monsanto Co. and Does 1-50 alleging design defect, failure to warn and other counts.
According to the complaint, the plaintiffs allege that from 2008 through 2010, Anthony Harris had used Roundup extensively in his home garden in San Diego. The suit states that Roundup is a glyphosate-based herbicide manufactured and marketed by the defendants as safe to use, however, plaintiff was diagnosed with non-Hodgkin's lymphoma in 2015, a type of cancer that the plaintiff alleges he acquired from direct exposure to defendants' products.
The plaintiffs hold Monsanto Co. and Does 1-50 responsible because the defendants allegedly failed to adequately warn consumers of the true risks of exposure to glyphosate, failed to manufacture products so as to ensure safety and effectivity and failed to protect consumers by introducing a risky product in the stream of commerce.
The plaintiffs request a trial by jury and seek judgment in their favor, damages, interest, attorneys’ fees, costs of proceedings and further relief as the court deems just. They are represented by Jeremy C. Shafer of Miller Legal LLP in Encinitas.
U.S. District Court for the Southern District of California Case number 3:16-cv-02275