Bayer's Appeal Over First Roundup Verdict Rejected

Bayer's Appeal Over First Roundup Verdict Rejected

Introduction

Last week, Bayer's arguments to review the first Roundup-cancer verdict maintaining that the plaintiff who filed the lawsuit failed to establish the company's liability for his non-Hodgkin’s lymphoma was rejected by the California Supreme Court.

The plaintiff was awarded $289 million by a San Francisco jury in 2018.  A trial judge later slashed the verdict to $78.6 million, and the Court of Appeal, after reviewing the case, further reduced the award to $20.5 million.

Both the parties asked the U.S. Supreme Court to review the $20.5 million decision, where the plaintiff asked to restore the higher damage award, and the manufacturer argued that the ruling was at odds with federal law and settled legal principles.

The settlement deal is separate from the more than $10 billion that Bayer announced in June to resolve thousands of claims in the United States that allege the weedkiller of causing cancer.

Bayer also released a statement indicating that progress has been made in the development of a “revised” plan to resolve potential future Roundup litigation, which will be finalized, and a motion will be filed for preliminary approval of the plan.

Last month, three major law firms representing several plaintiffs involved in the Roundup litigation indicated that they reached an agreement with Bayer. The notification of the deal indicating a “fully-executed and binding Master Settlement Agreement with Monsanto” is filed with the U.S. District Court for the Northern District of California.