Federal Judge Curtailed Damages Award Bayer AG by $25.27 Million

Federal Judge Curtailed Damages Award Bayer AG by $25.27 Million

A federal judge on Monday curtailed damages award Bayer AG owed a California man who blamed Roundup weed killer for his cancer, to $25.27 million from $80.27 million, whereas rejecting the company’s bid for a new trial.

U.S. District Judge Vince Chhabria in San Francisco mentioned proof towards the previous Monsanto Co, which Bayer purchased final year, supported the $5.27 million in compensatory damages that a jury awarded Edwin Hardeman. He additionally mentioned that the jury acted reasonably in awarding punitive damages.

Chhabria nonetheless decreased punitive damages to $20 million from $75 million, saying that whereas Monsanto “deserves to be punished” the top award was “constitutionally impermissible” as a result of it was practically 15 times the compensatory damages award.

Hardeman stated he used Roundup for a few years starting in the 1980s to deal with poison oak and weeds on his property.

He was identified with non-Hodgkin’s lymphoma in 2014, however, is now in remission.

Hardeman is one in all more than 13,400 plaintiffs who’ve sued Bayer and Monsanto over Roundup, saying the herbicide’s lively ingredient, glyphosate, is unsafe. His case was thought of a bellwether for thousands of similar instances earlier than Chhabria.

In an announcement, Bayer referred to as Chhabria’s decision “a step in the right direction,” however stated it nonetheless plans to appeal.

Bayer stated the decision and damages award “conflict with each the load of the extensive science that helps the security of Roundup, and the conclusions of main health regulators within the U.S. and worldwide that glyphosate shouldn’t be carcinogenic.”

Hardeman might appeal Chhabria’s decision to reduce the damages award, which one in all his lawyers, Michael Baum, in a statement referred to as a “reversible error.”

U.S. Supreme Court precedents limit the ratio of punitive to compensatory damages to 9 to 1.

Bayer paid $63 billion for Monsanto.