A court in the US state of Georgia has ordered pharmaceutical and biotechnology company Bayer to pay over $2 billion in damages after a jury in a civil trial decided that the weedkiller Roundup caused a man’s cancer.
Roundup, which contains the herbicide glyphosate, was manufactured by agri-chemical company Monsanto before that company was acquired by Bayer.
At present, there is a lack of consensus among international regulatory authorities and the scientific community around the claims that Roundup is carcinogenic.
However, in recent years, numerous court cases have been taken against the manufacturer of Roundup on the basis that prolonged exposure to the product can cause cancer.
Several of these cases have already found against the manufacturer, although other cases have found in its favour.
The most recent case, in which Bayer was ordered to pay €2.065 billion, is the largest damages verdict in the legal history of Georgia, according to law firm Arnold and Itkin.
The firm represented the plaintiff, John Barnes, who claimed that his non-Hodgkin’s lymphoma, which he was diagnosed with in March 2020, was as a result of using Roundup at his home for 20 years between 1999 and 2019.
In a statement, the law firm claimed that the original manufacturer, Monsanto, “knew of the cancer risks associated with glyphosate as early as the 1980s but chose to suppress scientific findings, manipulate regulatory agencies and mislead consumers”.
The $2.065 billion verdict comprises both compensatory and punitive damages, comprising €65 million in compensation and €2 billion in punitive damages.
In a statement, Bayer said it would appeal and that it has “strong arguments” to get the verdict overturned.
“We disagree with the jury’s verdict, as it conflicts with the overwhelming weight of scientific evidence and the consensus of regulatory bodies and their scientific assessments worldwide,” the multinational business said.
“We believe that we have strong arguments on appeal to get this verdict overturned, and the excessive and unconstitutional damage awards eliminated or reduced,” Bayer added.
The company also said it will file a petition with the US Supreme Court this year, asking the court to rule on whether US federal regulations on plant protection product labelling – which the company says it is adhering to in the case of Roundup – provides sufficient information about the product.
According to Bayer, a favourable ruling from the Supreme Court on this question “could largely end” Roundup-related litigation in the courts of individual US states.
“The company remains committed to trying cases, having secured favorable outcomes in 17 of the last 25 trials. Our track record demonstrates that we win when plaintiffs’ attorneys and their experts are not allowed to misrepresent the worldwide regulatory and scientific assessments that continue to support the products’ safety,” Bayer claimed in its statement.
