April 5 (Reuters) - A Missouri judge slashed a $1.56
billion verdict against Bayer to $611 million for
three people who claimed its Roundup weed killer caused their
cancer, by reducing punitive damages. Bayer said on Friday it is
appealing.
The German company's Monsanto unit had been found liable in
November by a Cole County, Missouri, jury to Valorie Gunther of
New York, Jimmy Draeger of Missouri and Daniel Anderson of
California, who blamed their non-Hodgkin's lymphoma on their
exposure to Roundup.
Jurors found Monsanto liable for negligence, design defects
and failing to warn about Roundup's risks. They awarded $61.1
million of compensatory damages and $1.5 billion of punitive
damages, with the latter divided equally among the plaintiffs.
In orders on March 15, Judge Daniel Green let the $61.1
million component stand, but reduced punitive damages to nine
times that amount, or $549.9 million.
The U.S. Supreme Court has said that punitive damages should
generally not be more than nine times compensatory damages.
Bayer had sought to throw out the verdict, as well as reduce
damages, and filed a notice of appeal on March 22.
It has said decades of studies have shown that Roundup and
its active ingredient glyphosate are safe.
"While the court reduced the unconstitutionally excessive
damage award, the company believes that the court did not apply
the law correctly on damages," Bayer said on Friday. "We also
disagree with the ruling on the liability verdict as it is at
odds with the extensive weight of scientific evidence."
Bart Rankin, a lawyer for the plaintiffs, said in a
statement the reduced awards are "unassailably constitutional,"
and "align with the evidence of Monsanto's willful, malicious,
and reckless disregard for the safety of consumers and the
injuries suffered by these plaintiffs."
Roundup is among the most widely used weedkillers in the
United States, though Bayer phased out sales for home use last
year.
Bayer has faced extensive litigation over whether Roundup
causes cancer since it bought Monsanto for $63 billion in 2018.
It agreed to settle much of that litigation for $10.9
billion in 2020, but failed to resolve future cases. About
113,000 of the 167,000 claims that Bayer has faced have been
settled or deemed ineligible.
Though Bayer has won the majority of its more recent Roundup
trials, plaintiffs have won more than $4 billion of verdicts,
including $2.25 billion in a single case in January. Bayer is
appealing those verdicts.