$25M Verdict Upheld Against Monsanto

$25M Verdict Upheld Against Monsanto

Introduction

On Friday, the federal appeals court supported a $25-million verdict against the maker of Roundup as thousands of litigants blamed the weed killer for causing their cancers.

Monsanto's appeal was rejected by a three-judge panel of the U.S. 9th Circuit Court of Appeals and supported the verdict of $20 million in punitive damages.

In 2019, a jury awarded the plaintiff $80 million that included $75 million in punitive damages and $5.3 million in compensation for illness. Later, on July 15, 2019, the amount was reduced to $25.3 million, which included $20 million as punitive damages. The jury informed that punitive damages were necessary as Monsanto failed to warn the users about the side effects of its product.

Monsanto tried to overturn the punitive damages award by stating that it was unaware in 2012 that glyphosate caused cancer. Arguing Monsanto's claim, the 9th Circuit dismissed it by stating that various independent scientific studies were released by 2012 that claimed glyphosate causes cancer. The court even mentioned that the company was aware of the potential health risks which were listed on the internal emails by Monsanto toxicologists.

The plaintiff stated that he used Roundup from 1980 to 2012 on his Sonoma County property that caused his disease. Monsanto argued that the plaintiff's non-Hodgkin’s lymphoma might have caused due to his hepatitis C or it can be among the 70% of cases that occur due to unknown reasons.

The court stated that Monsanto's intentional failure to fully access Roundup’s safety and downplaying the safety and health measures of its users make the company liable to pay the punitive damages. The three-judge panel informed that the evidence provided in the plaintiff's case of 2019 has helped the court to decide on awarding punitive damages. The court even informed that other Roundup trials might have different outcomes considering the facts provided in the suits.

Roundup is widely used by both farmers and households throughout the world. Bayer acquired Monsanto in 2019 and paid more than $12 billion to resolve the legal claims against the company.