Bayer remains convinced of Roundup after losing the second cancer study
Bayer AG promised to further defend its Roundup product after losing a second trial for alleging that the weed killer causes cancer. This suggests that the embattled company is not yet ready to spend billions of dollars settling similar lawsuits.
A US District Court jury in San Francisco has awarded $ 70 million in damages and $ 75 million in punitive damages-a man who got sick after spraying the herbicide on his property for decades , The ruling on Wednesday (March 27) follows a similar ruling by a state court jury last summer and comes as a third trial in Oakland, California.
The company will continue to "vigorously defend the herbicide" That's for sure, said Christian Hartel over the phone from Bayer's headquarters in Leverkusen. It intends to appeal the recent ruling and does not see the ruling as a harbinger for others as each case has different factual and legal circumstances. Cancer
The most important component of the herbicide is produced at the Luling plant
Some analysts are do not agree. "They can not keep on trying and losing on a case by case basis and say," We will not agree, "said Thomas Rohback, lawyer at Axinn in New York, and if Bayer continues to lose out during the trial, he must" consider the possibility of regulating it
The main ingredient of Roundup, glyphosate, is manufactured at the Monsanto Co. plant in Luling, US West Bank of St. Charles Parish.
Roundup became the leading headache of the German company, after acquiring Monsanto for around $ 63 billion in June, Bayer has lost more than 60 percent of its value since the transaction, with its share price in Frankfurt falling 3.3 percent to $ 54.48 on Thursday, its lowest level since more than six years ago.
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The latest lawsuit was brought by Edwin Hardeman, who used the herbicide on his large property in Sonoma County, about 60 miles north of San Francisco. As with thousands of other consumers who sued Bayer, Hardeman argued that his years of exposure to the chemical caused his non-Hodgkin's lymphoma.
The jury found that Roundup had an error that Bayer could not warn about the risks of the product, the company had been negligent.
Some analysts have estimated the price of settling complaints about Roundup, which was filed by more than 1
1,200 people in the United States, at more than $ 5 billion. Rohback said Bayer could pursue a "long game" based on a strategy to continue fighting, hoping to find some plaintiffs who can beat it.
"A new $ 80 million verdict against Bayer for claiming that its weed killers have caused cancer is hitting the bottom of many of the 11,200 US-pending lawsuits," said Holly Froum, a process analyst.  false “/>
Monsanto's $ 975 Million Expensive Expansion in Luling
Expansion Expected to Expect 120 Additional Full-Time Jobs for St. Charles Parish
The Roundup ruling is the third-largest product liability jury to be awarded in the US in 2019 According to Bloomberg, the largest of these $ 151.8 million was issued last month by an Alabama jury against Ford Motor Co. for an Explorer rollover accident.
Bayer does not have the edge in Oakland It was in San Francisco, and Hardeman's lawsuit consisted of two parts, a format that lawyers consider the company's best choice cen was to play the score after it lost the first roundup last summer and was eventually ordered to pay $ 78.6 million in damages.
Oakland's lawsuit will allow lawyers to begin by presenting to the jury their story on Monsanto Co.'s secret campaign to manipulate public opinion and bury evidence of Roundup's cancer risk.
The jurors in the Hardeman case had decided only after weeks of scientific testimony that Roundup was a "major factor" that caused his illness before they had evidence that Monsanto was writing influential studies and was insufficiently relying on regulators , Bayer disagreed with the scientific studies that the herbicide was safe and argued that the jury was tampering with malicious emails.
Hardeman claimed more than $ 19 million in damages, including hospital bills and pain and suffering. His lawyers said the ruling sent Monsanto that it was necessary to change the way it conducts business. "It says volumes that no former employee of Monsanto has been brought to justice to defend the safety of Roundup or the actions of Monsanto," said Aimee Wagstaff and Jennifer Moore in a statement.
Bayer opponents in Oakland are Alva and Alberta Pilliod, a couple in their 70s who enforced a Californian law that gives preference to sick people. A landowner from the school, who had won the first lawsuit against Bayer in August, relied on the same law. Bayer also objects to the August ruling.
If the losses continue to show up, according to Rohback, the only justification Bayer has for further action is if solicitors of the plaintiffs make unrealistic demands to resolve the lawsuit. "At some point you are not encouraged to follow the same approach," he said.
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History of Joel Rosenblatt, Robert Burnson and Tim Loh with contributions by Margaret Cronin Fisk and Naomi Kresge.