Attorneys for an elderly couple alleging Monsanto’s weed killer Roundup gave them both cancer asked a California judge to expedite their trial date, arguing that the longer the couple waits, the more unlikely they will be to participate in their own trial due to the “chemo brain” effects of their treatment, according to Law360.
The lawsuit involves the case of Alva Pilliod, 76, and Alberta Pilliod, 74, who are fighting to have their case tried before Feb. 8 due to their advanced age and failing health. If a speedier trial is granted, the Pilliod’s trial could be the second of its kind accusing Monsanto of failing to warn that the active ingredient in its herbicide, glyphosate, could cause a type of blood cancer called non-Hodgkin lymphoma. The first trial, in August, resulted in a $289 million verdict in favor of a school groundskeeper.
Alva Pilliod was one of several patients to file a lawsuit against Monsanto over non-Hodgkin lymphoma claims in June 2017. The other cases were removed from Pilliod’s case and he asked the Alameda Superior Court to add his wife Alberta Pilliod to his case.
Mr. Pilliod allegedly used Roundup for decades before being diagnosed with Stage IV diffuse large B-cell lymphoma with diffuse lymphadenopathy and skeletal metastasis in 2011. Mrs. Pilliod, who also used Roundup for years, was diagnosed with large B-cell CNS (central nervous system) lymphoma in her brain in 2015.
In their motion for trial preference, the Pilliods’ say they are “entitled to a trial by jury before they die.”
Judge Ioana Petrou continued the hearing until Nov. 7.