Bayer AG has been ordered to pay $78 million to a Pennsylvania man who claimed that his cancer was caused by exposure to the company’s Roundup weedkiller. A state court jury in Philadelphia reached the verdict on Thursday, marking a notable development in the ongoing legal saga surrounding the controversial herbicide.
This latest ruling comes on the heels of Bayer’s previous successes in court, where the company had won 14 of the last 20 trials related to Roundup. However, it has also faced substantial verdicts in other cases, including a November judgment for $1.56 billion, which was later reduced to $611 million, and a January ruling for $2.25 billion, subsequently decreased to $400 million.
The plaintiffs, William Melissen and his wife, Margaret, were represented by attorneys Tom Kline and Jason Itkin, who criticized Bayer for what they called “reckless indifference to people’s safety.” In their statement, they emphasized that the company “still has not gotten the message that it needs to change its ways.”
In this case, the jury awarded $3 million in compensatory damages and an additional $75 million in punitive damages, reflecting their determination of Bayer’s liability in the matter.
Bayer expressed its disagreement with the jury’s decision, arguing that it contradicts the substantial scientific evidence and regulatory consensus worldwide asserting that glyphosate, the active ingredient in Roundup, does not cause cancer. The company indicated its intent to appeal the punitive damages, citing the U.S. Supreme Court’s stance that such damages should typically not exceed nine times the amount of compensatory damages.
The Melissens filed their lawsuit against Bayer in 2021, alleging that William developed non-Hodgkin lymphoma from his long-term exposure to glyphosate while using Roundup for home and work purposes from 1992 until his diagnosis in 2020. He asserts that both glyphosate and another chemical in Roundup contributed to his cancer diagnosis.
Despite the adverse verdicts, Bayer maintains that its claims are without merit. The company acquired Roundup as part of its $63 billion purchase of Monsanto in 2018 and previously settled many of the pending Roundup lawsuits for $10.9 billion in 2020. Currently, Bayer faces approximately 58,000 claims related to Roundup.
In a recent development, Bayer celebrated a legal victory in August when the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that federal law shields the company from certain state law claims, a decision that contradicts previous rulings from other federal appeals courts. Bayer intends to seek clarification from the U.S. Supreme Court on this matter, believing that a favorable ruling could effectively conclude the ongoing litigation surrounding Roundup.
Bayer had previously sought to have the Philadelphia state court dismiss the Melissens’ case in light of the 3rd Circuit ruling. However, as state courts are not obligated to follow federal court decisions, this request was denied, allowing the trial to proceed while the company continues to appeal the denial.
As the legal battles surrounding Roundup persist, Bayer faces mounting scrutiny and public concern over the safety of its products, raising ongoing questions about corporate accountability in the face of public health claims.
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