737 F.Supp.3d 893
N.D. Cal.2024Background
- This is an MDL proceeding in the Northern District of California regarding the alleged link between Monsanto’s Roundup (glyphosate) and non-Hodgkin's lymphoma (NHL).
- Plaintiff Beckfield designated Dr. Christopher Vogel as both a specific and general causation expert to support his claim that Roundup caused his NHL.
- Monsanto filed a Daubert motion to exclude Dr. Vogel’s expert testimony, challenging both his general and specific causation opinions.
- The court has previously established rigorous standards (notably in Pretrial Order No. 45) for expert testimony on general causation in this litigation.
- Dr. Vogel’s approach to the literature, epidemiology, and evidence was found by the court to lack objectivity, comprehensive analysis, and reliable methodology.
- The court's decision on this motion could affect whether Beckfield's case can proceed to trial, depending on whether any admissible general causation expert remains.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Vogel’s General Causation Opinion | Vogel’s analysis should be admitted as meeting prior standards | Vogel lacked rigorous, reliable, methodical analysis; cherry-picked evidence | Excluded: Vogel's opinion lacks reliability. |
| Admissibility of Vogel’s Specific Causation Opinion | Vogel qualified to opine on specific causation in Beckfield’s case | Vogel lacks qualification; relies on own inadmissible general causation | Excluded: Not qualified; no basis to “rule in” Roundup |
| Use of Other Experts' General Causation Opinions | Can call other previously admitted experts at trial | Each expert must stand on own analysis | Decision reserved; will address at CMC |
| Reliance on Epidemiological Literature | Vogel properly reviewed and weighed relevant studies | Vogel ignored negative evidence, relied on discredited studies | Vogel’s analysis unreliable, failed Daubert |
Key Cases Cited
- Clausen v. M/V New Carissa, 339 F.3d 1049 (9th Cir. 2003) (expert must provide reliable basis for 'ruling in' specific causes in toxic tort)
- Hardeman v. Monsanto Company, 997 F.3d 941 (9th Cir. 2021) (addresses standards for expert evidence in Roundup causation cases)