Seattle, WA – A King County Superior Court judge has denied Monsanto’s attempt to block the testimony of a PCB expert in the ongoing trial over chemical exposure at a Washington school. The ruling ensures that Kevin Coghlan, an industrial hygienist, will continue to provide critical testimony in the 11th trial concerning polychlorinated biphenyl (PCB) exposure at the Sky Valley Education Center, located 35 miles northeast of Seattle.
In a decision issued on Wednesday, Judge Jim Rogers rejected Monsanto’s argument that Coghlan’s calculations were “junk science” and should not be admissible in court. The case is part of a series of legal battles over the health effects caused by PCBs, which were found in aging light fixtures at the school before remediation efforts in 2016.
Coghlan’s analysis of PCB levels at the school, based on samples taken after the plaintiffs had left the site, is central to the plaintiffs’ claims. The Washington State Supreme Court is currently reviewing the admissibility of Coghlan’s calculations in an appeal arising from an earlier trial, Erickson v. Monsanto. In the meantime, Judge Rogers determined that Coghlan’s testimony is valuable for jurors and will proceed with the 11th trial, which is set to begin Monday, featuring 22 plaintiffs from six families.
The plaintiffs allege that PCB exposure caused various health problems, including cancer and neurological issues, as a result of the school’s failure to address the hazardous chemicals. Monsanto, now owned by Bayer AG, faces significant liability in these cases, having been accused of manufacturing PCBs until 1977.
This ruling follows a similar decision in the 10th trial, where another judge, Michael Ryan, also allowed Coghlan’s testimony. Monsanto, however, has continued to challenge the expert’s methodology, arguing that his methods are not widely accepted within the scientific community.
The plaintiffs are represented by Friedman Rubin PLLP, Pfau Cochran Vertetis Amala, and Trial Lawyers for Justice, while Monsanto is defended by several major law firms, including Bryan Cave Leighton Paisner LLP and Morgan Lewis & Bockius LLP.
