Key takeaways
- A jury in Pennsylvania has awarded $78 million to William Melissen, who claims his non-Hodgkin’s lymphoma was caused by use of the weedkiller Roundup.
- The verdict is a departure from Bayer’s recent successes in Philadelphia courts and follows substantial judgments of $1.56 billion and $2.25 billion.
- Bayer continues to believe that glyphosate does not cause cancer, despite the jury awarding $3 million in compensatory damages and $75 million in punitive damages.
A jury in Pennsylvania, located in the eastern US, has ruled that Bayer must pay $78 million to William Melissen, who claims that his non-Hodgkin’s lymphoma was caused by the use of the herbicide Roundup. This ruling is a departure from Bayer’s recent successes in Philadelphia courts.
Although the company had previously won 14 of 20 lawsuits related to Roundup, it is now facing a number of substantial judgments, including a $1.56 billion judgment (later reduced to $611 million) last November and a $2.25 billion judgment (reduced to $400 million) in January.
Previous statements
Lawyers representing the Melissens claim Bayer has shown “reckless indifference” to public safety and failed to recognize the need for change despite previous rulings.
The jury awarded as much as $3 million in compensatory damages and $75 million in punitive damages. Bayer responded in a statement saying it does not agree with the verdict as it goes against scientific evidence and the agreement of global regulators. The company continues to believe that glyphosate, the active ingredient in Roundup until last year, does not cause cancer and that the lawsuits are without merit.
Bayer’s response
Bayer acquired Roundup as part of its $63 billion purchase of Monsanto in 2018. Although the company settled most of the existing Roundup lawsuits for $10.9 billion in 2020, it is still facing about 58,000, according to its latest financial report claims.
A major legal victory for Bayer occurred in August, when the 3rd U.S. Circuit Court of Appeals ruled that federal law protects Bayer from claims under state law, contradicting previous rulings by other federal appeals courts.
Bayer’s future plans
Bayer strives is looking for the U.S. Supreme Court to resolve this conflict, believing that a favorable outcome could effectively end the Roundup lawsuit. The company tried to have the Philadelphia State Court dismiss the Melissen case based on the 3rd Circuit’s ruling, but was unsuccessful. Despite this rejection, Bayer plans to appeal the decision.
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