*
Bayer argues PCB levels were safe, blames school for
ignoring
warnings
*
Previous trials resulted in over $1.5 billion in verdicts
(Adds comment from plaintiffs' lawyer in paragraph 7,
information on verdict in paragraph 6)
By Brendan Pierson and Dietrich Knauth
Jan 14 (Reuters) - A Washington jury on Tuesday ordered
Bayer to pay $100 million to four people who say they
were sickened by toxic chemicals known as PCBs at a Seattle-area
school, but found the company was not liable for injuries
alleged by 11 others.
The verdict, which follows a two-month trial, is the latest
in a string of trials against the chemical company over the
alleged contamination at the Sky Valley Education Center in
Monroe, Washington.
More than 200 students, employees and parents have said
they developed cancer, thyroid conditions, neurological injuries
and other health problems from polychlorinated biphenyls, or
PCBs, leaking from the school's light fixtures. The chemicals
were made by Monsanto, which Bayer acquired in 2018.
Monsanto said in a statement it will pursue post-trial
motions, and an appeal if necessary, to overturn the verdict or
reduce the "excessive" damages awarded to the four plaintiffs.
Evidence at trial showed low to non-existent level of PCBs,
which could not have caused the injuries alleged, Monsanto said.
The jury concluded that Monsanto intentionally concealed
information about PCBs. It awarded $25 million in compensatory
damages and $75 million in punitive damages.
"Every case is different and the juries are clearly working
very hard to try to get things right for the generational harm
caused by PCBs," said Henry Jones, an attorney for the
plaintiffs.
Verdicts in previous trials over the alleged contamination
at the school, which have involved different groups of
plaintiffs, have totaled more than $1.5 billion, though some
have been reduced or overturned. The remaining judgments are
also the subject of appeals, Monsanto said.
Last year, a verdict for $185 million in favor of three
teachers and a teacher's spouse was overturned on appeal in
favor of Monsanto on multiple grounds.
The state appeals court agreed with Bayer that the trial
court wrongly applied the laws of Missouri, where Monsanto was
based, allowing the claims to be filed decades after the company
stopped producing PCBs in 1977. The company said Washington law
should apply instead, and it would block the plaintiffs' claims
as filed too late.
Washington's highest court is expected to hear an appeal of
that ruling.
In August, an $857 million verdict was slashed to $438
million, after a judge found it included excessive punitive
damages.
Bayer acquired Monsanto for $63 billion in 2018. Since then,
lawsuits over PCBs, and more significantly over claims that the
weedkiller Roundup caused cancer, have weighed heavily on the
company's shares.
PCBs were once used widely to insulate electrical equipment,
and were also used in such products as carbonless copy paper,
caulking, floor finish and paint. They were outlawed by the U.S.
government in 1979 after being linked to cancer and other health
problems. Monsanto produced PCBs from 1935 to 1977.
Plaintiffs have said Monsanto knew of the dangers of PCBs
for decades, but concealed them from the public and from
government regulators.
Bayer has argued plaintiffs have failed to prove their
injuries were caused by PCBs, and that the levels found in the
school were deemed safe by the Environmental Protection Agency.
It has also said the school ignored warnings from government
officials that the light fixtures in the aging building needed
to be retrofitted.