Bayer Ordered To Pay Over $2.25 Billion in Damages

(NewsInsights.org) – After he was diagnosed with non-Hodgkins Lymphoma, a cancer that attacks the lymph system, John McKivison sued Monsanto, the manufacturer of Roundup, which used the active ingredient glyphosate. On Friday, January 26, a jury in Philadelphia awarded McKivison $250 million in compensatory damages, $2 billion in punitive damages, plus legal expenses. Bayer, the German pharmaceutical company that bought Monsanto in 2018, vowed to appeal the verdict and fight similar cases.

McKivison claimed he had used Roundup on his property for 20 years to control weeds. He said Monsanto had failed to warn customers about the dangers of the product or that long-term exposure might cause cancer. In fact, in 2020, Bayer agreed to pay a $10 billion settlement without admitting guilt in a class-action lawsuit involving several thousand plaintiffs who claimed that Roundup use resulted in diagnoses of non-Hodgkins Lymphoma. However, the company failed to obtain court approval to prevent future cases, like the one McKivison brought.

A spokesperson for Bayer told The Wall Street Journal, “We disagree with the jury’s adverse verdict,” citing scientific research and statements from the US Environmental Protection Agency (EPA), which found “No risks of concern to human health from current uses of glyphosate,” according to a 2022 study. Additionally, the EPA concluded that the active ingredient in Roundup was unlikely to cause cancer.

The EPA admitted that it disagreed with the International Agency for Research on Cancer (IARC), which concluded glyphosate was “probably carcinogenic to humans.” However, the agency argued that it used a “more extensive and relevant dataset” than the IARC to reach its conclusions.

In a joint statement to the press, Jason Itkin and Tom Kline, attorneys for McKivison, said they believed the jury’s decision on damages sent “a clear message” condemning “50 years of misconduct by Monsanto.”

Despite Bayer’s assurances that the company would continue to appeal the award and fight ongoing cases, the company saw adverse effects on its stock prices on Monday, January 29. Shares traded almost 5% lower following the announcement of the verdict. Company stock prices have fallen over 24% over the last quarter.

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