A U.S. jury in San Francisco federal court determined that the glyphosate contained in Bayer’s Roundup® weed killer caused a California man to develop non-lymphoma cancer. The unanimous decision came after five days of deliberations in the first part of this two-phase case.
Causation and Liability Phases of the Case
U.S. District Judge Vince Chhabria decided to split the case into two phases. The first phase was to determine if glyphosate caused plaintiff Edwin Hardeman’s cancer. The second phase will allow the same jury to decide if Bayer is liable for damages. The second trial phase would have occurred only if the jury found in the first phase that Roundup® caused cancer, which it did. Phase two is set to begin on March 26th.
Bayer was disappointed by the decision and said that a large amount of evidence shows that glyphosate is not a cancer-causing herbicide. It hopes the jury will recognize that the company acted responsibly in its manufacturing and distribution of Roundup®.
Second Legal Defeat
The jury’s decision is the second blow to the company in just under a year. In August 2018, a state court jury decided Monsanto, which Bayer acquired in June of 2018, did not adequately disclose cancer risks associated with using Roundup®. The company was ordered to pay the plaintiff $289 million. The judgment amount was later lowered to $78 million, and the case has been appealed.
The current cases are only 2 of some 11,200 filed against Bayer set to go to trial in the U.S. The present verdicts will likely have an impact on future cases.
Contact Bertram & Graf, L.L.C. to Discuss Your Case
If you used Roundup® and were diagnosed with cancer, you may be able to pursue a lawsuit against the company. Our lawyers are prepared to help you with your case to work toward getting fair compensation for damages. We take a personalized approach to each case we handle to develop a sound legal strategy for your unique situation.
For superior legal representation, call us at (888) 398-2277 or contact us online.