Verdict Marks Largest Yet in Litigation Over Monsanto Weed Killer
PHILADELPHIA — In a groundbreaking case, a Philadelphia jury has awarded $2.25 billion in damages to a cable technician who developed blood cancer linked to the use of Roundup, the popular Monsanto weed killer. The verdict has become the largest in the long-running litigation over the product. The corporate parent, Bayer, had already set aside over $10 billion in 2020 to settle approximately 125,000 cases, many of which were consolidated in California. While the company had won a series of individual lawsuits earlier in 2021, the tide turned when juries began awarding massive amounts to plaintiffs who developed non-Hodgkin lymphoma.
Scientific Literature Turns Against Monsanto
The scientific literature surrounding the link between Roundup and non-Hodgkin lymphoma has shifted in the past seven years, making it difficult for Monsanto to defend its product. Lawyer Tom Kline, who represented the Philadelphia plaintiff alongside co-counsel Jason Itkin, highlighted this shift. He argued that Monsanto ignored known health risks associated with glyphosate, the pesticide in Roundup, to keep the product on the market. Kline also accused the company of failing to warn consumers about the potential risks and the need to use protective clothing when handling the product.
Thousands of Cases Remain
While Bayer insists that Roundup is safe, the company has reformulated the consumer version of the product to remove glyphosate. However, thousands of cases are still pending, including one in Delaware involving a South Carolina groundskeeper’s cancer-related death. Bayer plans to continue defending its position based on scientific evidence and the support of leading health and scientific regulators, such as the U.S. Environmental Protection Agency (EPA).
Awarded Damages and Bayer’s Response
The jury awarded the recent plaintiff, John McKivison, $250 million in actual damages and an additional “2 billion dollars” in punitive damages. McKivison, who used Roundup for 20 years, expressed concerns about the possibility of a relapse and the impact of his cancer on his daily life. In response to the verdict, Bayer filed a post-trial motion, calling the award excessive and questioning the fairness of the ground rules in Philadelphia courts. The company argued that there was no evidence of McKivison suffering hundreds of millions of dollars in actual losses. Bayer continues to challenge the claim that glyphosate causes non-Hodgkin lymphoma, citing studies that suggest the occurrence of the disease is similar among Roundup users and the general population.
Roundup Lawsuits and Regulatory Involvement
The Roundup lawsuits gained momentum in 2015 when a branch of the World Health Organization expressed concerns about glyphosate, classifying it as “probably carcinogenic to humans.” However, the EPA maintains that glyphosate does not pose an “unreasonable risk.” A U.S. appeals court has ordered the agency to review its 2020 finding. Bayer hopes to persuade the U.S. Supreme Court that the EPA’s approval should invalidate state court claims.
Reducing the Award and Changing Demographics
Bayer aims to reduce the awarded damages to McKivison, citing previous cases where large verdicts were significantly reduced on appeal. Philadelphia, known for its high jury awards, has often been criticized as a “judicial hellhole” by tort reform groups. However, lawyer Tom Kline noted that the city’s jury pool is changing, with more young professionals settling there. Kline expressed confidence in the soundness of the verdict, emphasizing the education levels of the jurors and the requirement for a unanimous decision.
Bayer acquired Monsanto for $63 billion in 2018, but has faced declining share prices in recent years.