Jury Finds in Favor of Pennsylvania Man in Ongoing Litigation Over Weedkiller

A Philadelphia state court jury has ordered Bayer to pay $78 million to a Pennsylvania man who claimed he developed cancer from using the company’s Roundup weedkiller. This verdict marks another significant development in the ongoing litigation surrounding the controversial herbicide, raising questions about the future of Roundup and Bayer’s legal strategy.

5 Key Points

  • Jury awards $78 million to plaintiff William Melissen in Roundup cancer trial.
  • The verdict includes $3 million in compensatory damages and $75 million in punitive damages.
  • Bayer maintains that Roundup’s active ingredient, glyphosate, does not cause cancer.
  • The company faces approximately 58,000 pending claims related to Roundup.
  • Bayer plans to appeal the verdict and seek a reduction of punitive damages.

Jury Finds Bayer Liable in Latest Roundup Case

On October 10, 2024, a Philadelphia jury delivered a verdict against Bayer in the latest Roundup cancer trial. The plaintiff, William Melissen, and his wife, Margaret, were awarded $3 million in compensatory damages and a substantial $75 million in punitive damages. Melissen alleged that he developed non-Hodgkins lymphoma from exposure to glyphosate, the active ingredient in Roundup, which he used both at home and work from 1992 until his diagnosis in 2020. The plaintiff’s lawyers, Tom Kline and Jason Itkin, stated that Bayer had “acted with reckless indifference to people’s safety” and criticized the company for not changing its approach to the issue.

Bayer’s Response and Legal Strategy

Bayer expressed disagreement with the jury’s verdict, stating that it conflicts with “the overwhelming weight of scientific evidence and the consensus of regulatory bodies and their scientific assessments worldwide.” The company maintains that glyphosate does not cause cancer and that the lawsuits are without merit. Bayer plans to appeal the verdict and believes it has solid grounds for reducing the punitive damages, citing U.S. Supreme Court precedent that punitive damages should generally not exceed nine times the compensatory damages.

Ongoing Litigation and Legal Challenges

This verdict comes amidst a complex legal landscape for Bayer regarding Roundup. The company has won 14 of the previous 20 trials over the weedkiller but has also faced several massive verdicts, including a $1.56 billion verdict last November (later reduced to $611 million) and a $2.25 billion verdict in January (later reduced to $400 million). According to its most recent financial report, Bayer currently faces approximately 58,000 claims related to Roundup. The company had previously settled most of the then-pending Roundup litigation in 2020 for $10.9 billion.

Potential Game-Changing Legal Victory

Bayer achieved a significant legal victory in August when the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that federal law shields the company from state law claims. This ruling conflicts with previous decisions by other federal appeals courts, creating a legal divide that Bayer hopes to resolve at the U.S. Supreme Court level. The company believes that a favorable Supreme Court ruling could effectively end the Roundup litigation. However, state courts, like the one in this Philadelphia case, are not legally bound to follow the 3rd Circuit’s ruling.

Bayer’s Path Forward Amid Ongoing Disputes

The outcome of this trial and the ongoing litigation pose significant challenges for Bayer, which acquired Roundup as part of its $63 billion purchase of agrochemical company Monsanto in 2018. The company has already made changes to its product line, discontinuing the use of glyphosate in Roundup, which was sold for home use last year. As the legal battles continue, Bayer faces the dual challenge of defending its product’s safety while managing the financial and reputational risks associated with the mounting lawsuits. The outcomes of these ongoing legal proceedings and potential Supreme Court involvement will likely shape the company’s future strategies and decisions regarding Roundup.