Bayer Faces $3.5 Million Verdict in Latest Roundup Weedkiller Trial

Bayer Faces $3.5 Million Verdict in Latest Roundup Weedkiller Trial

A breakdown of the latest Roundup weedkiller trial and the implications for Bayer.
## A Continued Legal Battle Amid Rising Lawsuits

Bayer, the pharmaceutical giant, was recently ordered by a Philadelphia jury to pay a substantial $3.5 million in a case linking its Roundup weedkiller to cancer. This verdict is the latest development in a series of legal challenges the company faces over its controversial product.

### The Verdict's Details

- **Trial Outcome**: After a three-week trial and two days of jury deliberation, the Philadelphia Court of Common Pleas ruled against Bayer, mandating a payment of nearly $3.5 million to the plaintiff, Pennsylvania resident Kelly Martel.
- **Breakdown of Damages**: The jury awarded $462,500 in compensatory damages and a further $3 million in punitive damages. The decision was reached with a 10-2 jury split.
- **Bayer's Response**: Bayer expressed disagreement with the verdict, citing what it describes as a "divided verdict and the modest damages award." The company emphasized the discrepancy between the jury’s decision and the scientific evidence and regulatory assessments it claims validate the safety of Roundup.

### Context of the Ruling

- **Previous Verdicts**: Bayer has faced larger verdicts in recent months, including a staggering $1.56 billion awarded in November for three plaintiffs.
- **Investor Concerns**: The string of losses has put pressure on Bayer, with investors urging for a swift settlement to avoid further substantial trial verdicts.
- **Appeal Plans**: Bayer plans to appeal the verdict, arguing that previous trials suffered from procedural errors and that the punitive damages may be reduced as per U.S. Supreme Court guidelines.

### Growing Scientific Debate and Legal Challenges

- **Plaintiffs' Perspective**: The winning streak for plaintiffs is attributed to growing scientific support linking Roundup to cancer.
- **Bayer's Defense**: Bayer argues that non-Hodgkin lymphoma, the form of cancer alleged by Martel, could be attributed to other factors such as smoking. The company maintains that extensive studies and global regulatory bodies have found glyphosate, Roundup's active ingredient, to be safe.
- **Regulatory Opinions**: The U.S. Environmental Protection Agency has concluded that glyphosate is unlikely to pose a human health threat. However, this decision is under review following a federal appeals court directive.
- **WHO's Findings**: The World Health Organization's cancer research agency, in 2015, classified glyphosate as "probably carcinogenic," though it did not conclude on risks under typical usage conditions.

### Bayer's Strategic Approach to Litigation

- **Selective Settlements**: Bayer has expressed intent to be selective in settling Roundup cases and has reassured investors of its financial preparedness, with around $6.5 billion set aside for litigation purposes.
- **Claims Against Roundup**: Approximately 165,000 claims have been made against Bayer for personal injuries allegedly caused by Roundup. The company acquired these liabilities following its $63 billion purchase of U.S. agrochemical company Monsanto in 2018.
- **Settlement Attempts**: In 2020, Bayer settled most of the then-pending Roundup cases for up to $9.6 billion but failed to secure a deal for future cases. Over 50,000 claims are still pending.

This latest verdict adds another layer to Bayer's ongoing legal saga, highlighting the complex interplay between scientific research, public health concerns, and corporate liability.
Categories: Legal Mass Tort
December 7, 2023
Article ID: 346