$46.5 Million Verdict Against Monsanto for PCB-Caused Non-Hodgkin Lymphoma

Polychlorinated biphenyls, or PCBs, were manufactured commercially by Monsanto from the 1930s through the late 1970s. They were used in electrical equipment, industrial paint, and building materials across the country. Congress banned new production in 1979 after evidence mounted that the compounds were toxic and persisted in the environment and human tissue for decades after exposure.

Three plaintiffs from Oklahoma, Michigan, and Alaska each developed non-Hodgkin lymphoma, a cancer of the lymphatic system. Their lawsuit, filed in St. Louis, alleged that Monsanto and related corporate successors, Solutia, Pharmacia, and Pfizer, knew for years that PCBs caused cancer but continued selling the compounds while publicly claiming they were safe.

Steven Kherkher of Williams Kherkher, the Houston firm now known as Williams Hart and Boundas, led the plaintiffs' trial team alongside co-counsel from the Al Stewart Law Firm and the Simon Law Firm. The trial team presented evidence that Monsanto had internal knowledge of the health dangers well before the EPA and Congress acted, and that the company chose not to disclose those risks to workers and consumers who came into contact with PCB-containing products.

On May 25, 2016, the jury returned a 10-2 verdict totaling $46.5 million: $17.5 million in compensatory damages for the three plaintiffs and $29 million in punitive damages against the defendants. The result was the first time a St. Louis jury had ruled in favor of plaintiffs in a PCB-cancer case against Monsanto. At the time of the verdict, the firm represented approximately 1,000 PCB claimants in similar litigation.

Monsanto announced plans to appeal the verdict, citing four prior St. Louis trials that had ended in defendants' favor. No public record of a final appellate reduction was identified in available sources as of the publication of this story.