Bayer must pay more than $2 billion in suit linking Roundup herbicide to cancer, jury says

A jury in Georgia has ordered Monsanto's parent company to pay more than $2 billion in a suit linking a pesticide to cancer.

According to an Associated Press story by Wyatt Grantham-Philips that recently appeared in the San Francisco Chronicle, penalties awarded "to a man who says the company's Roundup weed killer caused his cancer" include $65 million in compensatory damages, $2 billion in punitive damages.

Bayer AG, the agrochemical giant, intends to appeal the decision that sent its stock plunging 8% immediately after the verdict.

That recent verdict is "the latest in a long-running series of court battles Monsanto has faced over its Roundup herbicide," the article says, and "marks one of the the largest verdicts in a Roundup-related case to date."

John Barnes

The piece goes on to say that the plaintiff, John Barnes, filed the suit in 2021, seeking damages because of his non-Hodgkin's lymphoma. It quotes his attorney, Kyle Findley of Arnold & Itkin LLP, as calling the verdict "an important milestone [because it illuminates] another example of Monsanto's refusal to accept responsibility for poisoning people with this toxic product."

Findley also charged that the Barnes case showed "many years of cover-ups [and] backroom dealings."  

Bayer, a German-based company that acquired Monsanto in 2018 and "has been hit with more than 177,000 lawsuits involving the weed killer and set aside $16 billion to settle cases," according to Wyatt Grantham-Philips, will continue"to stand fully behind the safety" of the Roundup product line.

In the meantime, Bayer, reports an environmental website, The New Lede, is hopeful that Georgia Gov. Brian Kemp, a Republican, will soon sign controversial legislation recently passed by state lawmakers to bar people from suing pesticide manufacturers for failing to warn them of health risks, as long as the product labels are approved by the Environmental Protection Agency.

"Opponents say the legislation will rob farmers and others who use pesticides from holding companies accountable in court if their pesticide products cause disease or injury."

Additional information on Monsanto and its herbicides can be found in Rollercoaster: How a man can survive his partner's breast cancer, a VitalityPress book I, Woody Weingarten, aimed at male caregivers. My other books are MysteryDates — How to keep the sizzle in your relationship; The Roving I, a compilation of 70 of my newspaper columns; and Grampy and His Fairzona Playmates, a whimsical fantasy intended for 6 to 10-year-olds.

U.S. judge rejects $2 billion Monsanto offer to quash future suits by Roundup cancer victims

A federal jurist in San Francisco has rejected Monsanto's proposed $2 billion Roundup settlement.

According to a story by Bob Egelko in the San Francisco Chronicle two days ago,  U.S. District Judge Vince Chhabria indicates the plan by the giant agribusiness, intended "to fend off suits by cancer victims" who sprayed the company's herbicide on their crops, offered little to users who might be diagnosed with cancer in the future.

Chhabria labeled the proposal "clearly unreasonable."

"More than 100,000 people nationwide who suffer from non-Hodgkin's lymphoma and other cancers," the story notes, "have already sued Monsanto and its parent company, Bayer AG." 

Bayer has offered nearly $10 billion to settle those pending lawsuits, resolving almost 70 percent of them. But yesterday's ruling was about an additional $2 billion for those who have yet to go to court.

Three San Francisco juries, including one in which Chhabria presided, have awarded tens of millions of damages to cancer victims of the world's most widely used weed-killer. Those verdicts were undoubtedly based in part on a 2015 statement by the International Association for Research on Cancer, a World Health Organization arm, that glyphosate is a probable cause of cancer in human beings.

Bill Freese, science director of the nonprofit Center for Food Safety, was quoted in the Chronicle article as saying that the settlement would have left many users "high and dry in order to limit Bayer/Monsanto's liability for their carcinogenic herbicide."

The rejected proposal included the limitations that victims already diagnosed with cancer would accept payments no more than $200,000 each and that they could seek compensation for personal harm but not punitive damages, despite the latter being the largest part of previous jury verdicts.

Those not yet diagnosed would have been able to seek four years of company-funded medical monitoring and receive payments from the $2 billion fund if they subsequently got cancer; Chhabria, however, maintained that the proposed compensation fund might run out of money by the time they were diagnosed.

After the ruling, Bayer said it would reevaluate "the future of glyphosate-based products in the U.S. residential market," according to the Chronicle piece.

Monsanto and Bayer have long contended that the U.S. Environmental Protection Agency found Roundup safe and said it could be sold without warning labels.

Details on other litigation over disease-producing agents can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

30,000 suits against weed-killer still in play

Bayer, parent of Monsanto, agrees to pay $10 billion to thousands who claim Roundup caused their cancer

Bayer AG has unexpectedly agreed to pay $10 billion in cancer settlements in regard to the world's most widely used weed-killer.

According to a story by Hannah Denham in The Washington Post, the German company, the world's largest seed and agrochemical maker that had merged with agribusiness giant Monsanto in a $63 billion deal, "will allocate between $8.8 billion and $9.6 billion to resolve the current Roundup litigation."

That will cover "75 percent of the 125,000 current filed and unfixed claims that the product leads to non-Hodgkin's lymphoma" — meaning that some 30,000 suits remain unsettled.

Judge Vince Chhabria

In addition, Bayer "will also pay $1.25 billion for a separate class agreement for potential future claims, which will be subject to approval in the U.S. District Court for the Northern District of California by Judge Vince Chhabria," Denham's piece reports.

Although agreed to, the settlements have yet to be signed and sealed.

At the time of the 2018 merger, and since, Monsanto has "maintained that glyphosate — the active weed-killing ingredient in Roundup — had a history of safe use, and Bayer has echoed that since its acquisition."

In 2015, however, the International Agency for Research on Cancer, an arm of the World Health Organization, proclaimed that the herbicide was "probably carcinogenic to humans."

Details of the settlements became public today, only one day after U.S. District Judge William Shubb, ignoring the verdicts of three California juries against Monsanto, had issued a permanent injunction against the state's requiring a warning label on the pesticide.

Plaintiffs in those cases had won nearly $300 million. Monsanto, however, will continue to appeal all of them, and the settlements — which involved negotiations with 25 different law firms — do not apply to any of the three.

Lawyers for the plaintiffs, according to EcoWatch, an environmental website, had “argued that the [Environmental Protection Agency's earlier] insistence that Roundup does not cause cancer is spurious since there was evidence the company had unduly influenced the federal agency and had ‘ghost-written’ purported research studies on the product’s safety.” 

EcoWatch strongly suggested that the settlement, one of the largest ever in U.S. civil litigation, came about because of "the spate of lawsuits and their legal fees [that made Bayer] lose 40 percent of its value."

The plaintiffs also alleged, the website's story said, that “Bayer manipulated studies and deceived the scientific community to make glyphosate seem safer than it actually is, according to Reuters.”

The Post article noted meanwhile that "Bayer said that the settlement was a unanimous decision from the company's board of management, supervisory board and input from the special litigation committee, adding that the settlement doesn't mean an admission of liability or wrongdoing."

The piece indicated further that "chief executive Werner Baumann said in a statement that the action allows the company to 'bring a long period of uncertainty to an end.'" 

More information on court cases alleging that products cause disease can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Jurist raps Bayer company for being uncaring

Judge expected to trim $80 million jury verdict against Monsanto for its cancer-causing Roundup

The judge in the first federal court suit against Monsanto intends to reduce a jury's $80 million damage award.

Bob Egelko

According to a story by Bob Egelko this week on the San Francisco Chronicle's website, although Judge Vince Chhabria plans to reconsider the Roundup weed-killer verdict in favor of Edwin Hardeman, he's not expected to totally eliminate punitive damages "for what he called the company's 'reprehensible' conduct."

The judge has already rebuked the agribusiness for ignoring a 2015 World Health Organization agency ruling that glyphosate, an active ingredient in the weed-killer, is a probable carcinogen — and for "showing no interest in conducting new studies or reconsidering their public assurances to regulators or consumers."

In short, he charged during last week's hearing, evidence at the trial showed the Bayer AG company "not caring whether its products cause cancer."

Hardeman, 70, had sprayed Roundup on his Sonoma County property for more than 26 years. He was diagnosed with non-Hodgkin's lymphoma in 2015. 

Jurors had awarded him $75 million in punitive damages as well as $3 million for past pain and suffering, another $2 million for emotional distress in the future, and $200,000 for economic losses. 

Monsanto had requested Chhabria overturn the verdict. The judge has showed no signs of doing that. 

He did, however, indicate he'd probably cut the punitive damages damages to comply with Supreme Court standards limiting awards, under normal circumstances, to nine times the amount of awarded compensation.

No date has been set for his latest decision.

More information on court verdicts regarding products that may cause disease can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Is Calif. too liberal to try Roundup cancer cases?

Maker of weed-killer Roundup gets change-of-venue win in cases that contend product causes disease

A federal court judge in San Francisco has handed Monsanto a big victory in its bid to ward off large money verdicts in trials alleging that its Roundup weed-killer causes cancer.

According to a recent online Courthouse News Service story by Helen Christophi, U.S. District Judge Vince Chhabria is giving the agribusiness a chance to pick the venue of upcoming trials.

Monsanto, which is owned by Bayer AG, had sought to have the trials take place "in agricultural states where farmers heavily depend on the company's glyphosate-based herbicides Roundup and Ranger Pro, and where medical-causation laws favor the defendants," the article explains. 

Chhabria oversees nationwide litigation over the product.

Brian Stekloff

Monsanto was represented by Brian Stekloff of the Washington, D.C., law firm Wilkinson Walsh Eskovitz, who admitted that the company was looking to try the cases in states more favorable to his clients than liberal California.

Aimee Wagstaff of the Colorado law firm Andrus Wagstaff has been representing the plaintiffs.

The judge's ruling followed Monsanto losing three trials in a row in California courts in which plaintiffs testified that they developed non-Hodgkin's lymphoma after using Roundup.

The World Health Organization's cancer agency in 2015 had declared the weed-killer's main ingredient, glyphosate, a probable human carcinogen.

Chhabria also postponed the next bellwether case until Feb. 10 of next year. It had been scheduled to start this month.

More information on litigation regarding products that may cause disease can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Agribusiness giant to appeal cancer decisions

Oakland jury hits Monsanto with a $2 billion verdict because Roundup weedkiller caused lymphoma

Although an Oakland jury awarded a couple more than $2 billion this week in their suit claiming a Monsanto weedkiller caused their cancer, the verdict is expected to be severely trimmed.

The large punitive damages, in the third consecutive trial that ruled against Bayer AG's glyphosate-based Roundup since August, "is likely to be reduced due to U.S. Supreme Court rulings that limit the ratio of punitive to compensatory damages to 9:1," according to a story by Tina Bellon of Reuters.

Alberta and Alva Pilliod. Photo courtesy
Baum, Hedlund, Aristei & Goldman

The jury in this case awarded only $55 million in compensatory damages to Alva and Alberta Pilliod, both of whom had contracted non-Hodgkin's lymphoma after using the weedkiller between 1975 and 2011.

Each were awarded $1 billion in punitive damages. 

The Reuters story reports that Alva was awarded $18 million in compensatory damages by the state court jury in Alameda, California; Alberta, his wife, $37 million — because Roundup purportedly was "defectively designed, that the company failed to warn of the herbicide's cancer risk and that the company acted negligently"

Bayer, which faces more than 13,400 U.S. lawsuits over Roundup's alleged cancer risk, had acquired the agribusiness giant Monsanto for $63 billion last year. An appeal is planned.

The Reuters story notes that Alberta Pilliod "called on Bayer to add a warning label to Roundup, saying she and her husband would not have used the product had it alerted them to a chance of risk. 'We've been fighting cancer for more than nine years now and we can't do any of the things we wanted to do. We really resent Monsanto for that,' Pilliod said."

The two prior San Francisco jury verdicts against Monsanto triggered steep declines in shares of Bayer; this decision is likely to cause a further dip. The earlier litigation wiped out some $33 billion from Bayer's market value.

The next suit to be adjudicated will be in Missouri state court in August, the first time a jury outside of California will hear a Roundup case. The trial will take place in St. Louis County, where Monsanto’s former headquarters are located. 

Lawsuits against the company so far have been based on the 2015 conclusion by the World Health Organization's cancer arm that classified glyphosate as "probably carcinogen to humans."

More information on verdicts in cases against manufacturers can be found in "Rollercoaster: How a man can survive his partner's breast cancer,"4 a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Agribusiness 'negligent' about herbicide risks

Monsanto loses second consecutive case that finds Roundup causes cancer, this time for $80 million 

A federal jury in San Francisco slapped an $80 million judgment against Monsanto this week for causing a Sonoma man's cancer through Roundup.

The six-person jury deliberated only one day. 

Its verdict, that Monsanto had been "negligent by not using reasonable care" to warn of the risks of the herbicide, was unanimous. 

Edwin Hardeman

The award against Monsanto, now owned by Bayer AG, which intends to appeal, included $75 million in punitive damages, $5 million in compensation and $200,000 for medical expenses for 70-year-old Edwin Hardeman, a retiree who'd contracted non-Hodgkin's lymphoma, a blood cancer, after more than two decades of using Roundup to kill weeds on his 56-acre property.

According to an online story by Amanda Bronstad in law.com's The Record, Hardeman's attorneys, Aimee Wagstaff and Jennifer Moore, issued a statement after the verdict asserting that "it is clear from Monsanto's actions that it does not care whether Roundup causes cancer, focusing instead on manipulating public opinion and undermining anyone who raises genuine and legitimate concerns about Roundup."

The lawyers noted that "it speaks volumes that not one Monsanto employee, past or present, came live to trial to defend Roundup's safety or Monsanto's actions," the article continues.

Bayer, through a statement, claimed that "over four decades of extensive science and the conclusions of regulators worldwide…support the safety of our glyphosate-band herbicides," which the company continues to insist "are not carcinogenic."

The World Health Organization's cancer arm, however, has certified that glyphosate is "probably carcinogenic to humans."

The federal verdict, which may be as bellwether for 800 other lawsuits against Monsanto, follows a case in a San Francisco Superior Court in which jurors awarded $289 million, which was cut to $78 million by the judge.

Another case against the agribusiness was scheduled to start today in Alameda County Superior Court. Plaintiffs are Alva and Alberta Pilliod, both of whom contracted non-Hodgkin's lymphoma after decades of using Roundup.

Information on other verdicts against major corporations can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Jury in landmark case rules against Monsanto

Court verdict awards man who claims that Roundup caused his terminal cancer $289 million

Monsanto plans to appeal a verdict that awarded $289 million to a dying man who blamed its herbicide Roundup for his cancer.

Attorneys for the 46-year-old former school groundskeeper, Dewayne Johnson, said the decision will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, according to an Associated Press story by Paul Elias today.

"I'm glad to be here to be able to help in a cause that's way bigger than me," the plaintiff reportedly said about yesterday's verdict. 

The California Superior Court jury in San Francisco unanimously agreed that Johnson's heavy contact with Roundup contributed to his non-Hodgkin's lymphoma and that, the story said, "Monsanto should have provided a label warning of the potential health hazard."

The $289 million was broken down into $39 million in compensatory damages and $250 in punitive damages. Johnson's lawyers had sought a total of $373 million.

Robert F. Kennedy Jr.

Robert F. Kennedy Jr., an attorney for Johnson and the son of the late U.S. senator, declared on Twitter that the punitive damages were for "acting with malice and oppression."

He predicted that the verdict "is going to trigger a cascade of new cases."

An online Common Dreams story quoted Ronnie Cummins, international director of the Organic Consumers Association, an advocacy group and longtime Monsanto critic, to the effect that the verdict proves "there is no confusion" when "ordinary citizens, in this case a jury of 12, hear the facts about Monsanto's products, and the lengths to which this company has gone to buy off scientists, deceive the public and influence government regulatory agencies."

Robert Cummins

And, to twist the knife, he added: "This is a company that has always put profits ahead of public safety…We hope that this is just the first of many defeats for Monsanto, and that the U.S. Environmental Protection Agency will pull this product off the market."

The case was the first filed by a cancer patient against the agribusiness giant to reach trial. It was fast-tracked because of the severity of Johnson's cancer.

Elias' story quoted Brent Wisner, Johnson's lead trial lawyer, as saying that the jury has told Monsanto, a unit of Bayer AG following a $62.5 billion acquisition by the German conglomerate"
"Enough. You did something wrong and now you have to pay…There's 4,000 other cases filed around the United States and there are countless thousands of people out there who are suffering from cancer because Monsanto didn't give them a choice…We now have a way forward."

Monsanto, one of the companies that produced for use by U.S. forces in Vietnam the defoliant Agent Orange, which has been linked to cancer and other diseases, has long denied any link between glyphosate, the active ingredient in Roundup, and cancer.

It has cited hundreds of studies that glyphosate contending is safe.

Scott Partridge, a spokesman for the agribusiness giant, said the corporation will appeal "and vigorously defend this product, which has a 40-year history of safe use and continues to be a vital, effective, and safe tool for farmers and others."

Johnson had used Roundup — and a similar product, Ranger Pro — as a pest control manager at a San Francisco Bay Area school district in Benicia, spraying from a 50-gallon tank attached to a truck. During gusty winds, Wisner said, the product would cover his face — and once, when a hose broke, the weed killer soaked his entire body.

He allegedly had applied Roundup up to 30 times a year.

When Johnson contacted the company after developing a rash, the attorney added, he was never warned it could cause cancer.

His non-Hodgkin's lymphoma was diagnosed in 2014. His landmark case was filed two years later.

George Lombardi, another Monsanto attorney, said that disease takes years to develop, so Johnson's cancer must have started well before he started working at the district, the AP story notes.

"The simple fact is," Wisner told the jury (which deliberated for three days at the end of the eight-week trial) in his opening statement in July, "he is going to die. It's just a matter of time."

His doctors have indicated that that's likely to happen within two years. Whether he dies before the appeal is adjudicated is anyone's guess.

The EPA, which is the past has often favored big business and now is being gutted by the Trump administration, has said glyphosate is safe for folks using it in accordance with label directions. But the French-based International Agency for Research on Cancer, part of the World Health Organization, classified it in 2015 as a "probable human carcinogen" — and California added it to its list of chemicals known to cause cancer.

More details on disease risks can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPresss book I, Woody Weingarten, aimed at male caregivers.