Bayer Hit with $78 Million Verdict in Latest Roundup Cancer Trial

A Pennsylvania jury has delivered another blow to Bayer in the ongoing litigation surrounding its Roundup weedkiller. On Thursday, a state court jury in Philadelphia found that Bayer must pay $78 million to William Melissen, who alleged that he developed cancer as a result of using Roundup.

The jury awarded Melissen $3 million in compensatory damages and $75 million in punitive damages. This verdict comes after a series of victories for Bayer in the Philadelphia court, where the company had won 14 of the previous 20 Roundup trials.

Bayer Denies Roundup Causes Cancer Despite $78 Million Verdict

The litigation against Bayer stems from claims that Roundup's active ingredient, glyphosate, causes non-Hodgkin's lymphoma. Melissen, who used Roundup both at home and at work from 1992 until his diagnosis in 2020, alleges that exposure to glyphosate, as well as another chemical in the product, led to his cancer.

Bayer maintains that glyphosate is safe and does not cause cancer. The company has consistently defended Roundup, stating that its position is supported by the "overwhelming weight of scientific evidence" and the consensus of regulatory bodies worldwide.

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Roundup Litigation Continues With Mixed Outcomes For Bayer

The Roundup litigation has been a long and costly process for Bayer. In 2020, the company settled the majority of the then-pending Roundup claims for $10.9 billion. However, Bayer still faces approximately 58,000 claims, according to its latest financial report.

The company has experienced both setbacks and victories in the courtroom. While it has prevailed in many trials, Bayer has also been hit with some substantial verdicts, including a $1.56 billion verdict in November 2023 (later reduced to $611 million) and a $2.25 billion verdict in January 2024 (later reduced to $400 million).

In August 2024, Bayer achieved a notable legal victory when the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that federal law preempts state law claims in Roundup cases. This ruling conflicts with decisions from other federal appeals courts, and Bayer has indicated that it will seek to have the U.S. Supreme Court resolve this conflict. 

In the Melissen case, Bayer had asked the Philadelphia state court to follow the 3rd Circuit ruling and dismiss the case. However, the court denied this request, allowing the case to proceed to trial. Bayer is currently appealing this decision.

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Bayer To Appeal Verdict, Citing Scientific Evidence And Supreme Court Ruling

Following the jury's verdict in favor of Melissen, Bayer issued a statement expressing its disagreement with the decision. The company stated that the verdict "conflicts with the overwhelming weight of scientific evidence and the consensus of regulatory bodies and their scientific assessments worldwide."

Bayer also indicated that it plans to appeal the damages awarded in the case. The company believes it has a strong argument for reducing the punitive damages, citing a U.S. Supreme Court ruling that suggests punitive damages should generally be less than ten times the compensatory damages.

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