May 1(Reuters) - A Washington state appeals court on
Wednesday overturned a $185 million verdict against Bayer's
Monsanto unit over chemical contamination at a
Seattle-area school, marking the second big legal win for the
company in as many weeks.
Monsanto spinoff Pharmacia, which sold now-banned chemicals
called polychlorinated biphenyls, was found liable in 2021.
Three teachers claimed they suffered brain damage from PCBs that
leaked from light fixtures at the Sky Valley Education Center in
Monroe, Washington.
On Wednesday, the state Court of Appeals agreed with Bayer
that the lower court improperly applied the laws of Missouri,
where Monsanto is based, which allowed the claims to be filed
decades after the company stopped producing PCBs in 1977.
The U.S. government outlawed the chemicals in 1979 after
discovering links to cancer.
Bayer argued Washington law limits liability if exposure
occurs outside a product's useful lifespan, which generally
means 12 years.
The case will go back to the lower court to determine
whether a new trial is warranted. Plaintiffs' attorney Richard
Friedman said in a statement they will retry the case if
necessary but hope the state Supreme Court "simply reinstates
the verdict" on appeal.
Bayer faces about 200 similar claims from the school, where
people allege PCBs caused cancer, thyroid conditions and other
health problems.
Juries in some of those cases have awarded more than $1.7
billion in compensatory and punitive damages. But another
Washington judge nearly halved an $857 million verdict against
the company last week in a small group of those claims.
The company has denied responsibility for the alleged harms
and says the school failed to heed repeated warnings to replace
the lights. It is appealing the verdicts.
Monsanto said Wednesday's ruling, which also found the lower
court wrongfully allowed punitive damages on some claims and
erroneously allowed certain expert testimony, is "significant,"
and many or all of the other trials from the school may have had
the same errors. The company said it will evaluate how to
proceed in those cases and others yet to be tried.
PCBs were once widely used to insulate electrical equipment
and found in other common products like caulking and paint.