Possible New Trial For The $289 Million Roundup Verdict

Possible New Trial For The $289 Million Roundup Verdict

Introduction

A San Francisco jury announced on August 10 that Monsanto may get a new trial in a $289 million verdict awarded to a plaintiff who is suffering from cancer allegedly due to the company's herbicide Roundup.

In her tentative ruling, Superior Court Judge Suzanne Bolanos stated that Johnson failed to present “clear and convincing evidence of malice or oppression” by the weed killer manufacturer. She clarified that the plaintiff did not provide strong evidence that Monsanto workers were aware of the product's links to Non-Hodgkins lymphoma (NHL).  In August 2018, the San Francisco jury held Monsanto responsible for the plaintiff's NHL and ordered the company to pay $250 million in punitive damages. Additionally, $33 million was also awarded to him in "pain-and-suffering" damages and $6 million in actual damages. Judge Bolanos announced to bring down punitive damages to $9 million. The plaintiff's attorney argued the jury to grant $1 million a year for the next 33 years. Monsanto's lawyers debated that since the plaintiff is expected to live for two more years only considering his deteriorating health condition, the punitive damages must be vacated. Judge Bolanos would pass the final rule after reviewing the written arguments by lawyers of both parties.

Roundup lawsuits are consolidated as a part of multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation), which holds more than 2,200 lawsuits, presided over by Judge Vince Chhabria, in the U.S. District Court of  San Francisco.