SAN FRANCISCO – A Humboldt County resident alleges an herbicide caused him to develop cancer.
Daryl Kurtz filed a complaint on Dec. 17 in the San Francisco Superior Court against Monsanto Co., Wilber-Ellis Co. LLC, Wilbur-Ellis Feed LLC and John Does 1 through 100 alleging negligence, fraud and other counts.
According to the complaint, Kurtz was exposed defendants' herbicide Roundup while he worked as a lawn service provider, landscaper and nursery laborer. He alleges the herbicide's active ingredient, glyphosate, caused him to develop non-Hodgkin's lymphoma.
A spokesperson for Bayer, which acquired Monsanto earlier this year, provided a statement to the Northern California Record indicating the company stands behind its product and will "vigorously" defend litigation. The statement reads:
“Glyphosate-based herbicides have been used safely and successfully for over four decades worldwide and are a valuable tool to help farmers deliver crops to markets and practice sustainable farming by reducing soil tillage, soil erosion and carbon emissions. There is an extensive body of research on glyphosate and glyphosate-based herbicides, including more than 800 rigorous studies submitted to EPA, European and other regulators in connection with the registration process, that confirms that these products are safe when used as directed. Notably, the largest and most recent epidemiologic study – the 2018 independent National Cancer Institute long-term study that followed over 50,000 pesticide applicators and was published after the IARC monograph – found no association between glyphosate-based herbicides and cancer. Additionally, EPA’s 2017 post-IARC cancer risk assessment examined more than 100 studies the agency considered relevant and concluded that glyphosate is ‘not likely to be carcinogenic to humans,’ its most favorable rating. Bayer stands behind these products and will vigorously defend them.”
The plaintiff requests a trial by jury and seeks judgment for compensatory, punitive and exemplary damages; pre- and post-judgment interest; attorneys' fees; costs of the proceedings and such other and further relief as the court deems just and proper. He is represented by Daniel R. Weltin and Cody T. Stroman of The Law Offices of Daniel Weltin PC in San Leandro and by Kristy A. Arevalo of McCune Wright Arevalo in Ontario.
San Francisco Superior Court case number CGC18572138