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Bayer wins Roundup cancer trial brought by three women while awaiting settlement ruling

A unanimous St. Louis jury verdict is the first trial result since the Supreme Court limited Roundup claims, and about 65,000 claims are still pending.

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The verdict

Bayer won a trial over claims by three women that its Roundup weedkiller caused their cancer, and the company still faces around 65,000 claims in US state and federal courts. [1] Those claims come from plaintiffs who say they developed cancer after using Roundup. [1]

A St. Louis jury unanimously ruled for Bayer-owned Monsanto. [1] It was the first case to go to trial after the June Supreme Court ruling. [1]

Bayer's US general counsel Bill Dodero said the verdict should signal that plaintiffs pursuing claims after the Durnell ruling will face significant challenges. [1]

What the women argued

The plaintiffs said they used Roundup regularly and later developed non-Hodgkin lymphoma. [1] Their attorneys argued Roundup was defectively designed and unreasonably dangerous, and that Bayer was negligent in selling it. [1]

Bayer denies the claims. [1] It says decades of studies show glyphosate, Roundup's active ingredient, is safe and does not cause cancer. [1]

The three women are not participating in Bayer's proposed settlement. [1]

How the Supreme Court ruling changed the cases

A June US Supreme Court ruling in Bayer's favor limited the legal claims that plaintiffs can bring in Roundup lawsuits. [1] The court blocked lawsuits based on claims that Roundup's label failed to warn of cancer risks. [1]

It ruled that federal law requires herbicide makers to use the exact label approved by the EPA. [1] The EPA has concluded that Roundup's label does not require a cancer warning. [1]

The science dispute

In 2015 the International Agency for Research on Cancer concluded that glyphosate was probably carcinogenic to humans. [1] Bayer says that opinion is an outlier based on flawed methodology. [1]

The settlement and the cost to Bayer

Bayer is seeking to resolve tens of thousands of other Roundup lawsuits through a proposed $7.25 billion settlement. [1] The company was awaiting a broader ruling from a separate court on that effort. [1]

A final decision on the proposal by a Missouri state court judge is the key remaining step. [2] CEO Bill Anderson has pledged to significantly contain Bayer's legal overhang by the end of this year. [2]

The litigation has weighed on Bayer since its 2018 acquisition of Monsanto. [1] It has cost the company billions of dollars and driven down its share price. [1]

What this means for you

If you follow Roundup litigation as an insurer or an investor, the Missouri judge's final decision on the $7.25 billion settlement is the step to watch. [2] That proposal is meant to resolve tens of thousands of other lawsuits. [1]

If you are a plaintiff weighing a claim, the June ruling bars lawsuits built on a failure to warn of cancer risks on the label. [1] Bayer's counsel says plaintiffs who pursue claims after the Durnell ruling will face significant challenges. [1]

Sources

  1. Bayer Wins Roundup Weedkiller Cancer Trial While Awaiting Larger Settlement Ruling - Carrier Management — Carrier Management
  2. Bayer Wins Roundup Trial as Settlement Decision Looms — Claims Journal
BayerUS Supreme CourtBayer-owned MonsantoBill AndersonBill DoderoInternational AgencySupreme CourtRoundupDurnellEPA#USSupremeCourt#BayerOwnedMonsanto#BillAnderson#Claims#insurance

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