NEW YORK, June 4 (Reuters) - A Pennsylvania judge on
Tuesday slashed a $2.25 billion U.S. verdict against Bayer
to $400 million for a Pennsylvania man who said he
developed cancer from exposure to the company's Roundup
weedkiller.
A jury in the Philadelphia Court of Common Pleas found that
John McKivison's non-Hodgkins lymphoma was the result of using
Roundup for yard work at his house for several years, and it
ordered Bayer to pay $250 million in compensatory damages and $2
billion in punitive damages.
Judge Susan Schulman granted some of Bayer's post-trial
motions challenging that verdict, reducing compensatory damages
to $50 million and punitive damages to $350 million.
Bayer said it would continue to appeal to the Superior Court
of Pennsylvania, challenging the trial court's decision to allow
the jury to hear what it called misleading and "inflammatory"
testimony.
"While the court's decision reduces the unconstitutionally
excessive damage award, we still disagree with the ruling on the
liability verdict, as the trial was marred by significant and
reversible errors," a Bayer spokesperson said on Tuesday.
Bayer also called for U.S. legislative reform to protect
companies whose products comply with federal labeling
requirements.
McKivison's attorneys, Tom Kline and Jason Itkin, said they
were pleased that Schulman upheld the jury's finding that
Roundup causes cancer. But they also intend to appeal, seeking a
reinstatement of the $2.25 billion jury verdict.
"The reduction of the amount of the jury's verdict is a
clear departure from established Pennsylvania law that we plan
to address in an appeal," Kline and Itkin said in a joint
statement.
Bayer has said that decades of studies have shown Roundup
and its active ingredient, glyphosate, are safe for human use.
Roundup is among the most widely used weedkillers in the United
States, though the company phased out its sales for home use
last year.
Bayer has prevailed in 14 of the last 20 Roundup trials,
but it also racked up
a string of losses in late 2023 and early 2024, resulting in
more than $4 billion in verdicts.
Some of those verdicts, like McKivison's, were later
reduced, but the cases ended a nine-trial winning streak for
Bayer and shattered investor and company hopes that the worst of
the Roundup litigation was over.
About 165,000 claims have been made in the U.S. against the
company for personal injuries allegedly caused by Roundup, which
Bayer acquired as part of its $63 billion purchase of U.S.
agrochemical company Monsanto in 2018. Most plaintiffs, like
McKivison, allege that the product caused non-Hodgkins lymphoma.
In 2020, Bayer settled most of the then-pending Roundup
cases for up to $9.6 billion but failed to get a settlement
covering future cases. More than 50,000 claims remain pending.