Bayer Appeals To Reverse $25M Roundup Verdict

Bayer Appeals To Reverse $25M Roundup Verdict

Introduction

On Monday, Bayer appealed to the U.S. federal court to reverse the $25 million verdict given against them in favor of a Californian man, who alleged the company’s Roundup weed killer for his cancer.

The case on appeal before the 9th Circuit involved the claims of the man who was diagnosed with non-Hodgkin’s lymphoma in 2014. The plaintiff was initially awarded $80M in March, which was later reduced to $25 million in July. Bayer, in its filing, stated that the verdict defied regulatory findings and sound science.

The lawsuit becomes the first case to go to trial and becomes the second of the three blockbuster bay area verdicts against Bayer in Roundup cases. 

Bayer is now facing more than 15,000 Roundup lawsuits. U.S. District Judge Vince Chhabria is presiding over all the federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California.

Earlier, the former CEO of Monsanto has been subpoenaed to testify at a St. Louis Roundup trial.

This will be the first time where the executive is required to testify over the alleged risks associated with a glyphosate-based herbicide. Bayer, along with attorney Ken Feinberg is finding ways, through a mediation process, to resolve more than 43,000 lawsuits. Feinberg was a part of some of the largest mass-tort settlements, including the BP oil spill, Volkswagen emissions scandal, General Motors ignition switch recall, and September 11th Victim Compensation Fund.

If the company does not reach settlements in the next few weeks, they will not only face juries in Missouri state court next month but also have to be ready for a trial that is expected to begin in February 2020, involving a claim brought by a plaintiff who alleged that exposure to Roundup caused her Non-Hodgkin's lymphoma.

Roundup lawsuits are consolidated under federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California, presided by U.S. District Judge Vince Chhabria.