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January 13, 2021 — The lawyers for Jaime Alvarez Calderon, a plaintiff diagnosed with non-Hodgkin’s lymphoma following his use of glyphosate-based herbicides, agreed to a settlement offered by Bayer.  The Alvarez family lawyer, David Diamond, announced in a hearing on January 13, 2021, that the settlement would close out the case.  The settlement came after Judge Chhabria had denied summary judgment in favor of Monsanto, allowing the case to move closer to a trial.  

Alvarez had worked at the Sutter Home group of wineries for 33 years using a backpack sprayer to apply glyphosate-based herbicides to their landscaping.  Diamond reported that Alvarez would come home drenched with the weed killer due to leaks in the equipment and any herbicide that flew up at him.  His non-Hodgkin’s lymphoma diagnosis occurred in 2014, and he tragically passed away from his cancer in 2019 at the age of 65.  The settlement will go to Alvarez’s four sons.

Bayer has lost all three trials that have occurred and have also lost the early rounds of appeals seeking to overturn said losses.  The juries analyzing the trials have decided that Monsanto’s glyphosate-based herbicides do cause cancer and Monsanto attempted to hide that risk from the public for decades.

Reference:  “Monsanto Roundup & Dicamba Trial Tracker.” U.S. Right to Know, 2 June 2020, https://usrtk.org/monsanto-roundup-trial-tracker-index/

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Gayle Gerling Pettinga

Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.

Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.

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