Statement on Appeal Decision in Erickson
On May 1st, 2024, the Court of Appeals Division I in the State of Washington in Erickson v. Monsanto, ruled in Monsanto’s favor on multiple grounds. This decision reverses the initial verdict of $185 million in its entirety and remands the case back to trial court for further proceedings. Our statement:
“This is a very significant ruling in favor of Monsanto because the Court of Appeals identified multiple errors - that cut across most Sky Valley Education Center (SVEC) trials that have been completed - including the unreliability of Plaintiffs’ exposure evidence that was erroneously admitted in all SVEC cases tried to date. Specifically, the Court of Appeals held that the trial court improperly denied the Company’s statute of repose defense, erroneously admitted a major portion of plaintiffs’ key expert exposure opinions, and wrongfully allowed punitive damages on plaintiffs’ post-sale failure to warn.
The Company will consider its legal options regarding the application of this ruling to other SVEC verdicts that are in conflict with it, as well as how this ruling could affect future trials.”
The SVEC cases represent most of PCB-related personal injury litigation against Monsanto. Erickson is the first personal injury case to go to trial due to alleged PCB exposure at a single school in Washington state.
The evidence in these cases have demonstrated that all measured PCB air concentrations at SVEC fell well below the regulatory health-protective limits and guidelines set by state and federal regulators, and there is no evidence any such exposure to PCBs can and did cause the alleged injuries.