Bayer was ordered to pay a California couple more than 2 billion dollars in damages on 5/13/19 after a jury ruled in favor of the couple’s claim that their 30-year use of Bayer’s Roundup weed killer caused their cancer. This 2-billion-dollar award is the largest jury result of 2019 as of the date of the verdict. It is also noted that the result is the eighth-largest ever in a claim related to defective products litigation. This latest trial is the third in a row that Bayer has lost – all trials relating to claims that the weed killer Roundup causes cancer.
The media reports that jurors agreed that the plaintiff’s exposure to Roundup for residential landscaping was a “substantial factor” in their non-Hodgkin’s lymphoma. Bayer claims that the jury’s finding is in direct conflict with the US EPA’s recent review decision and the consensus among worldwide health regulators that glyphosate-based products can be used safely and that glyphosate is not a cause of cancer / carcinogenic. Bayer plans to appeal all of the adverse verdicts, including the most recent trial loss. While it is unclear whether there are legal merits to have this most verdict overturned, it is important to note that the bulk of the awarded damages was in punitive damages and in many cases appellate courts have ruled that punitive (damages for the purpose of punishing a defendant) should not be more than 10 times the amount of the awarded compensatory damages.
With this latest trial win for victims claiming injury because of their regular use of the weed killer Roundup, one could assume that the news will result in the additional filings of claims / lawsuits by others making similar claims. Roundup is one of the world’s most popular herbicides – so popular that genetically modified crop seeds “Roundup Ready” are sold to farmers by the maker of Roundup because the seeds are resistant to Roundup. The use of Roundup Ready crops has increased the usage of herbicides measured in pounds applied per acre 6 times as much as initially measured in 1996.
It is important to note that the main issues litigated in the cases is not the issue of whether or not the product actually causes cancer, but more related to negligence of the company pertaining to allegedly attempting to discredit an international scientific research project that resulted in a finding that Roundup probably causes cancer. Juries have ruled against the company after hearing allegations that the company manipulated its own research, colluded with regulators and intimidated scientists to keep secret the cancer risks from glyphosate.
Our dangerous and defective products attorneys are currently investigating claims related to potential Roundup injuries. If you or a loved one developed a form of lymphoma after regular use of the herbicide Roundup, please call our office for a free case evaluation. If you were hurt because a company was negligent in the way it manufactured or marketed its product, you have rights and you may be entitled to compensation Call us today at 855-971-0559 or visit www.augerlaw.com for more information.
