Oct 10 (Reuters) - Bayer must pay $78 million
to a Pennsylvania man who said he got cancer from using the
company's Roundup weedkiller, a state court jury in Philadelphia
found on Thursday.
The verdict in state court in Philadelphia follows previous
consecutive victories for Bayer in that court. The company has
won 14 of the previous 20 trials over Roundup, though it has
been hit with several massive verdicts in the litigation,
including last November for $1.56 billion, later reduced to $611
million, and one in January for $2.25 billion, later reduced to
$400 million.
William Melissen and his wife Margaret Melissen sued Bayer
in 2021. They alleged that William, like other Roundup
plaintiffs, developed a form of non-Hodgkins lymphoma from
exposure to glyphosate, which was the active ingredient in
Roundup sold for home use until last year.
Melissen said he used the product at home and at work from
1992 until 2020, when he was diagnosed. He alleges that both
glyphosate and another chemical in Roundup caused his cancer.
Bayer maintains that glyphosate does not cause cancer and
that the lawsuits are meritless. The company settled most of the
then-pending Roundup litigation in 2020 for $10.9 billion, but
currently faces about 58,000 claims, according to its most
recent financial report.
The company won a significant legal victory in August, when
the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that
federal law shields Bayer from state law claims, which conflicts
with previous rulings by other federal appeals courts.
Bayer has said it will seek to have the U.S. Supreme Court
resolve that conflict, and that a victory there could
effectively end the Roundup litigation.
Bayer had asked the Philadelphia state court to follow the
3rd Circuit and throw out the case. The 3rd Circuit's
jurisdiction includes federal courts in Pennsylvania, but state
courts are not legally bound to follow it. That bid was denied,
allowing the Melissens' case to go to trial, but the company is
appealing.