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Jury awards $289M to man who says Roundup weed killer caused cancer

SAN FRANCISCO (AP) — A jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.

Roundup, the Monsanto brand name pesticide built on the chemical glyphosate, is used on farm fields and on lawns and gardens.
FILE: by GRANT GERLOCK / courtesy HARVEST PUBLIC MEDIA

“I’m glad to be here to be able to help in a cause that’s way bigger than me,” Dewayne Johnson said at a news conference Friday after the verdict was announced.

Johnson, 46, alleges that heavy contact with the herbicide caused his non-Hodgkin’s lymphoma. The state Superior Court jury agreed that Roundup contributed to Johnson’s cancer and Monsanto should have provided a label warning of the potential health hazard.

Johnson thanked jurors “from the bottom of my heart” for their work, along with his lawyers and his family.

His was the first case filed by a cancer patient against the agribusiness giant to reach trial. It was expedited because court filings indicated that Johnson was dying. His victory may set the precedent for many others.

“A unanimous jury in San Francisco has told Monsanto: ‘Enough. You did something wrong and now you have to pay,’” said Brent Wisner, Johnson’s lead trial lawyer. “There’s 4,000 other cases filed around the United States and there are countless thousand other people out there who are suffering from cancer because Monsanto didn’t give them a choice … We now have a way forward.”

Monsanto has denied a link between the active ingredient in Roundup — glyphosate — and cancer, saying hundreds of studies have established that glyphosate is safe.

Monsanto spokesman Scott Partridge said the company will appeal. Partridge said scientific studies and two government agencies have concluded that Roundup does not cause cancer.

“We are sympathetic to Mr. Johnson and his family,” Partridge said. “We will appeal this decision and continue to vigorously defend this product, which has a 40-year history of safe use and continues to be a vital, effective, and safe tool for farmers and others.”

Johnson used Roundup and a similar product, Ranger Pro, as a pest control manager at a San Francisco Bay Area school district, his lawyers said. He sprayed large quantities from a 50-gallon tank attached to a truck, and during gusty winds, the product would cover his face, said Brent Wisner, one of his attorneys.

Once, when a hose broke, the weed killer soaked his entire body.

Johnson read the label and even contacted the company after developing a rash but was never warned it could cause cancer, Wisner said. He was diagnosed with non-Hodgkin’s lymphoma in 2014.

“The simple fact is he is going to die. It’s just a matter of time,” Wisner told the jury in his opening statement last month.

But George Lombardi, an attorney for Monsanto, said non-Hodgkin’s lymphoma takes years to develop, so Johnson’s cancer must have started well before he began working at the school district.

The U.S. Environmental Protection Agency says Roundup’s active ingredient is safe for people when used in accordance with label directions.

However, the France-based International Agency for Research on Cancer, which is part of the World Health Organization, classified it as a “probable human carcinogen” in 2015. California added glyphosate to its list of chemicals known to cause cancer.

Johnson’s attorneys sought and won $39 million in compensatory damages and $250 million of the $373 million they wanted in punitive damages.

SPONSORED: FHSU seeking Skilled Trades Technician

Fort Hays State University-Energy Division Seeking Position – Skilled Trades Technician, Plant Operations

The FHSU Energy Division/Power Plant is looking for a dependable individual to hire in the Power Plant Department.  This is a full time position with benefits. 

TASKS

Operation, maintenance and repair of industrial equipment such as boilers, generators, pumps and valves.  Work involves all aspects of boiler operation to include general maintenance and repair of related Energy Division/Power Plant equipment.  Follow written and oral procedures, reading and recording gauges and water testing.  Able to lift 30-50 lbs.

Working hours during the heating season require 24/7 operation during the months of October to April, requiring shift work for continuous operation.  Working hours from May through September are usually Monday – Friday 7:00 AM to 3:30 PM.  This position may be required to work a flexible work schedule as needed.

REQUIREMENTS

High school diploma or GED, valid driver’s license.  Three years’ experience in some skilled trades area.  Prefer experience in electrical or mechanical trades, but this is not required.  Must be able to lift 30-50 lbs. 

COMPENSATION

Starting Pay: $14.50 / hr., with shift differential, when applicable.  Full benefits package.  Visit https://www.fhsu.edu/humanresourceoffice/Prospective-Employee/ for more about the benefits.

HOW TO APPLY

Application Process:  To apply for this position, please visit https://fhsu.wd1.myworkdayjobs.com/CAREERS.  Only electronic applications submitted through the webpage will be accepted.

Required Application Documents:  Applicants should submit a resume and names and contact information for three professional references.  Applicant documents should be submitted in one PDF.

Notice of Non-discrimination – Fort Hays State University is an Equal Opportunity Employer and does not discriminate on the basis of gender, race, religion, national origin, color, age, marital status, sexual orientation, genetic information, disability or veteran status.

Background Check: Final candidate will have consented to and successfully completed a criminal background check.

Notice to KPERS retirees applying for a position: Recent legislation changes working-after-retirement rules for both you and your employer if you go back to work for a KPERS employer. Please contact your KPERS representative or www.kpers.org for further information on how this might affect you.

In Case You Missed It: Eagle Morning Show 8/6-8/10

It was another busy week on the KAYS Eagle Morning Show. Here’s what you missed!

Monday

Roger Bixenman – Hays Recreation Superintendent 

Cortney Dale – Bob Schwarz Financial

Catholic Schools Report: Tom Meagher – Assistant Principal/Business Director Thomas More Prep – Marian:

 

Tuesday

Gary Shorman and Lexi Gardner – The Duck Derby (took place Wednesday, August 8th)

Ellis County Commission Recap – Jonathan Zweygardt, Marcy McClelland & Phillip Smith-Hanes:

 

Wednesday

Protect & Serve: Assistant Police Chief Brian Dawson 

Betty Hansen: Executive Director of the Humane Society of the High Plains

 

Thursday

Callie Kolacny – Marketing Director of Smoky Hills Public Television

Dr. Peter Lillpopp & Drum Major Nick – Fort Hays State University Marching Band

Friday

Bob Gillen – Dept. Head, Western Kansas Ag Research Centers

Natalie Ellis – Girl Scouts/National S’mores Day

 

Here’s what’s coming up next week on the Eagle Morning Show:

Cortney Dale – Bob Schwarz Financial

Brenda Meder – Hays Arts Council

Keri Peterson – USD 489 Enrollment

Glen McNeil – Licensed Dietician

Sara Bloom – Downtown Hays Development Executive Director

 

State Conservation Commission to meet in Hays

KDA

MANHATTAN — The State Conservation Commission will meet on Monday, Aug. 13, in Hays. The meeting will take place at approximately 10:30 a.m. or immediately following the joint SCC/KACD meeting at the NRCS Hays Area Office, 3012 Broadway, Hays. The meeting is open to the public.

The State Conservation Commission was established in 1937 to promote soil and water conservation and has the responsibility to administer the Conservation District Law, the Watershed District Act and other statutes authorizing various conservation programs.

To request a copy of the agenda or a map to the meeting location, please contact the Kansas Department of Agriculture’s Division of Conservation at 785-564-6620 or [email protected]. If special accommodations are needed, please contact the agency three days in advance of the meeting date.

3D screening mammograms will be standard of care in Kansas in 2019

KID

TOPEKA – The Kansas Insurance Department will require Kansas health insurance carriers to cover three-dimensional mammograms for women as the standard of care for breast exams beginning in 2019, according to Clark Shultz, Assistant Commissioner.

“We will be issuing a bulletin that directs health insurance companies to cover this procedure as a matter of course,” Assistant Commissioner Shultz said. “This modern technology is providing physicians with great opportunities to diagnose and treat breast cancer more quickly.”

Traditionally, two-dimensional mammograms were covered under health insurance plans, but three-dimensional coverage often required the policyholder to pay the additional cost.

“This is a win-win for both the patient and the physician,” Assistant Commissioner Shultz said. “It is taking advantage of modern healthcare technology at no additional cost to the patient.”

Sunny, hot Saturday

Today
Sunny, with a high near 91. Light and variable wind becoming east northeast 5 to 8 mph in the afternoon.

Tonight
Mostly clear, with a low around 63. East wind 5 to 10 mph becoming light and variable after midnight.

Sunday
Sunny, with a high near 90. Light and variable wind becoming southeast 5 to 10 mph in the morning.

Sunday Night
Partly cloudy, with a low around 66. South southeast wind 6 to 10 mph.

Monday
A 50 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 83. Southeast wind 6 to 10 mph.

Monday Night
A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 65.

Tuesday
Scattered showers and thunderstorms. Partly sunny, with a high near 84. Chance of precipitation is 40%.

Tuesday Night
Partly cloudy, with a low around 64.

Wednesday
Mostly sunny, with a high near 87.

Taiwan Agricultural Youth Exchange Program accepting applications

KDA

MANHATTAN — The 2018 Taiwan Agricultural Youth Exchange Program is currently accepting applications from high school seniors or college freshmen who are passionate about agriculture and are interested in representing Kansas in a week-long exchange program October 28 through November 4, 2018.

Each year the National Taichung Agricultural Senior High School in central Taiwan hosts students from the Midwest for this program. The Kansas Department of Agriculture coordinates the selection and participation of Kansas students, who will tour agricultural facilities and businesses in Taiwan and learn about Taiwanese agriculture.

“The Taiwan Agricultural Youth Exchange Program gave me the opportunity to experience differences in agriculture and culture by completely immersing myself in them,” said Katie Lybarger, 2017 program participant.

“The Taiwan Agricultural Youth Exchange Program is a tremendous opportunity for students who have an interest in agriculture,” said Suzanne Ryan-Numrich, international trade director for KDA. “Students are able to return from Taiwan with a broader understanding of international agriculture and the role that exports play in their local communities.”

Two students will be selected to represent Kansas. To be eligible to apply, students must be a high school senior or college freshman at least 18 years of age with a strong Kansas agricultural background and must have a valid U.S. passport and be willing and able to pay airfare costs.

Applications must be submitted by August 31. Students interested in applying can find more information at agriculture.ks.gov/AgEd. The Taiwan Agricultural Youth Exchange Program is coordinated by KDA with support from the Kansas FFA Association and Kansas 4-H.

For more information, contact Robin Blume, KDA education and events coordinator, at [email protected] or 785-564-6756.

UPDATE: Kansas mail-in ballots keep Kobach ahead of Colyer

TOPEKA, Kan. (AP) — The Latest on the unsettled Republican primary race between Kansas Gov. Jeff Colyer and Secretary of State Kris Kobach (all times local):
9:15 p.m.

Totals late Friday

Kansas Secretary of State Kris Kobach’s lead over Gov. Jeff Colyer stands at only 110 votes after late mail-in ballots were added to previous vote totals Friday in their hotly contested Republican primary race.

Colyer has accused Kobach of advising county election officials not to count some late mail-in ballots that legally should be counted. Kobach said his advice on their handling has followed the law.

State law says mail-in ballots would be counted if they were postmarked Tuesday and arrived by Friday.

Kobach’s lead had been 191 votes when statewide results were first reported Wednesday morning. More than 313,000 ballots were cast in Tuesday’s primary.

Counties still must review almost 9,000 provisional ballots given to voters at the polls when their eligibility is in doubt.
___
5 p.m.
An aide to Kansas Gov. Jeff Colyer says Secretary of State Kris Kobach’s top deputy also shouldn’t advise county election officials while their tight Republican primary battle hangs in the balance.
Colyer spokesman Kendall Marr said the governor objects to Kobach having Assistant Secretary of State Eric Rucker take over Kobach’s election duties while the race is unresolved.
Kobach announced Friday that he’s stepping away from those duties until after the final primary vote is certified by the state. Colyer had called on him to stop advising county official on yet-uncounted ballots.
Marr said that while Rucker is “a good and decent man,” assigning Kobach’s duties to an employee that Kobach can fire does not end conflicts of interest. Colyer has said the state’s attorney general should advise counties.

3p.m

Kansas counties are reporting updated vote totals in the contested Republican primary between Gov. Jeff Colyer and Secretary of State Kris Kobach that reflect late mail-in ballots.

The secretary of state’s office was updating results as it received them from individual counties.

Vote totals just before 3p.m. Friday— The numbers will change

With the first 25 counties reporting, Kobach’s lead almost doubled to 241 votes from 121. That’s still a tiny margin with more than 311,000 ballots cast.

Kansas law says mail-in ballots are counted if they are postmarked Tuesday and arrive by Friday.

Colyer accused Kobach of advising county election officials to not count some late-arriving mail-in ballots that should be counted. Kobach’s office was planning a formal response later Friday.

___

1:20 p.m.

Kansas Gov. Jeff Colyer’s re-election campaign plans to have a representative in all 105 counties next week as local election officials review mail-in and provisional ballots to arrive at final official vote totals.

Colyer and Secretary of State Kris Kobach are locked in a tight race for the GOP nomination for governor. The primary was Tuesday. Kobach led by 121 votes out of more than 311,000 cast as of Thursday.

The counting in their race is not complete because state law says mail-in ballots that are postmarked Tuesday can be accepted by the counties as late as Friday. County officials also must review perhaps several thousand provisional ballots, given to voters at the polls when their eligibility is in question.

Colyer’s spokesman said the governor believes Kobach’s office is advising county clerks to discard mail-in ballots that by law should be counted, and the campaign representatives will be at canvass meetings to be sure that they are.

____

Kansas felon on parole charged with gun violations

HUTCHINSON, Kan. — The Kansas man who was on parole for a 1991 case has been formally charged in two more.

Harbacek -photo Reno Co.

While appearing before a judge Friday via video, Eric Harbacek again stated that he’s not guilty of any of the charges against him. He also indicated that he wanted to represent himself on the new charges. However, a Reno County judge was able to convince him to accept an appointed attorney. But, Harbacek also made it clear that he wanted to invoke his right to a speedy trial.

Harbacek is charged by the state in one case with criminal possession of a firearm for allegedly having a rifle despite prior convictions for aggravated burglary, aggravated assault and aggravated assault of a law enforcement officer.

In the second case, he’s accused of stealing some firearms from a building he is supposedly going to rent for a barber shop. The owner of the property says Harbacek stole the guns on July 16. Harbacek said in an earlier hearing that he did have the guns moved to a location in Careyville, where they were being stored because he knew he couldn’t have them.

The next hearing is scheduled for Aug. 22. However, Harbacek noted that he may be back in prison on a parole violation at that time.

UPDATE: Trail’s End Lodge at Camp Aldrich destroyed in fire

BARTON COUNTY —Trail’s End Lodge, a small hunting lodge at Camp Aldrich, caught fire early Friday morning, according to a media release from Barton County Community College

photo courtesy Barton Co. Sheriff

The Camp Ranger noticed the flames when he stepped outside to start his day at about 5 a.m. The Claflin Fire Department responded to the call.

There were no injuries. The camp was not in use at the time.

Preliminary investigation indicates electrical problems may be a contributing factor.  The initial estimate of loss is placed at $165000.00, according to Barton County Sheriff Brian Bellendir.

———–

Friday morning fire at Camp Aldrich -image courtesy Barton County Community College

BARTON COUNTY —Trail’s End Lodge, a small hunting lodge at Camp Aldrich, caught fire early Friday morning, according to a media release from Barton County Community College

The Camp Ranger noticed the flames when he stepped outside to start his day at about 5 a.m. The Claflin Fire Department responded to the call.

There were no injuries. The camp was not in use at the time.

Vice President of Administration Mark Dean said the cause remains under investigation.

Free community meals at Breathe Coffee House

FREE COMMUNITY MEAL
** Breathe Coffee House | 703 Main Street, Hays **
Sunday, Aug. 12 | 5:30-7:00pm

Come enjoy a great meal, free of charge! Bring a friend and relax in the great
atmosphere the coffee house offers.

There is no income or age requirement. All are welcome.

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