John Fenton v Monsanto Australia Pty Ltd
Federal Court of Australia Proceeding NSD1971/2019
On 27 November 2019, a Class Action commenced against Monsanto Australia (‘the Fenton proceeding’) representing those who have suffered loss as a consequence of alleged exposure to Roundup in the period 24 March 1987 to the commencement of the Fenton proceeding, and have contracted Non-Hodgkin Lymphoma.
This proceeding also encapsulates the Clients of Carbone Lawyers.
The claim is brought on behalf of those who have suffered injury and for the estates of those who have passed away due to their exposure. The allegations are denied by the respondent.
The proceeding is being conducted by Carbone Lawyers on a No Win No Fee basis and without a litigation funder, which means:
Our professional legal fees are only liable to be paid by group members in the event of a successful outcome, and should be mostly recoverable from the unsuccessful respondent.
Doctors and other experts reports to date have been paid by a medical company, which charges interest pending reimbursement at the conclusion of the proceeding. Again, these costs are only liable to be paid by group members in the event of a successful outcome, and should also be mostly recoverable from the unsuccessful respondent.
Future fees, costs and expenses of this kind will be minimal in the Fenton proceeding, as the McNickle proceeding has assumed the conduct of proceedings for determination of the common questions, in particular on the question of negligence against Monsanto.
The Amended Statement of Claim can be viewed here.
Should you have any questions please contact us on 03 9102 6203 or at firstname.lastname@example.org or if you would like free independent advice you can contact Mr Caspar Conde a barrister on (02) 9151 2058 or at email@example.com.
Glyphosate is a herbicide that was commercially introduced to the market by Monsanto in the 1970s. The chemical is generally applied to kill broadleaf weeds and grasses, by blocking the proteins required for plant growth. Glyphosate is primarily used in agriculture, but is also widely used in municipal and domestic landscaping and gardening.
Whilst glyphosate is widely produced by many companies, Monsanto’s Roundup product line maintains a large market share in several countries.
In 2015, the World Health Organisation’s International Agency for Research on Cancer concluded that glyphosate is a probable human carcinogen; that is, a substance capable of causing cancer in living tissue, such as non-Hodgkin’s lymphoma.
Other studies have demonstrated that Roundup, which contains glyphosate and other ingredients, is more harmful than glyphosate alone.
Whilst Monsanto claims that Roundup is safe for human use, the Amended Statement of Claim provides that Roundup products are dangerous to human health and are unfit to be marketed and sold in commerce, particularly without proper warning and directions as to the dangers associated with their use.
Studies have shown that the widely used herbicide is associated with antibiotic resistance and hormone disruption, suggesting that glyphosate is dangerous and, ultimately, capable of causing harm to human health.