Products Liability Law Reporter

William Melissen used Roundup weedkiller over the course of 28 years, both at home and while working at landscape companies and as an outdoor maintenance person. While performing landscape work, for instance, he used Roundup approximately three to four times per week, for three or more hours, without using any protective gear. At 47, he was diagnosed as having hairy cell leukemia. He underwent chemotherapy, which led to fatigue and depression. He requires monitoring every three to six months.

Melissen and his wife sued Monsanto Co., alleging claims for strict liability, failure to warn, negligence, negligent design, negligent marketing, and breach of implied warranties. The plaintiffs asserted that Melissen’s cancer was caused by glyphosate, Roundup’s key ingredient.

The jury awarded $78 million, including $75 million in punitive damages.

Citation: Melissen v. Monsanto Co., June Term 2021 No. 2578 (Pa. Ct. Com. Pl. Phila. Cnty. Oct. 10, 2024).

Plaintiff counsel: AAJ members Thomas R. Kline, Tobias L. Millrood, and Melissa A. Merk, all of Philadelphia; and AAJ member Jason A. Itkin, Houston.