Bayer Ordered to Pay $78 Million in Cancer Case

By Brendan Pierson

(Reuters) – Bayer must pay $78 million to a Pennsylvania man who claimed he developed cancer due to the company's Roundup weedkiller, a jury in Philadelphia ruled on Thursday.

This verdict comes after Bayer experienced consecutive victories in similar cases, winning 14 of the previous 20 Roundup trials. Despite these wins, the company has faced substantial verdicts in the litigation, including a $1.56 billion ruling last November (later reduced to $611 million) and a $2.25 billion decision in January (reduced to $400 million).

Plaintiff William Melissen's lawyers, Tom Kline and Jason Itkin, stated that Bayer acted with "reckless indifference to people's safety" and indicated that the company has not changed its harmful practices.

The jury awarded Melissen $3 million in compensatory damages and $75 million in punitive damages. Bayer, however, disagreed with the verdict, arguing that it contradicts substantial scientific evidence and the consensus of regulatory bodies globally. The company believes it has strong grounds to appeal the punitive damages.

The Melissens filed their lawsuit against Bayer in 2021, claiming that exposure to glyphosate, Roundup's active ingredient, caused William to develop non-Hodgkin lymphoma. Melissen used Roundup from 1992 to 2020, when he was diagnosed, asserting that glyphosate and another chemical in Roundup triggered his cancer.

Bayer contends that glyphosate does not cause cancer and maintains that the lawsuits lack merit. It acquired Roundup as part of its $63 billion purchase of Monsanto in 2018. Although Bayer settled a majority of Roundup lawsuits in 2020 for $10.9 billion, it still faces around 58,000 claims, per its latest financial report.

In August, Bayer did achieve a notable legal victory when the 3rd U.S. Circuit Court of Appeals in Philadelphia determined that federal law protects Bayer from state law claims, which contrasts earlier decisions by other federal appellate courts. Bayer seeks a Supreme Court judgment on this matter, which could potentially end the Roundup litigation.

Bayer had requested that the Philadelphia state court follow the 3rd Circuit's lead in dismissing the case; however, this request was denied, allowing the Melissens to proceed to trial, with Bayer planning to appeal this denial.