Judge cuts award but upholds Monsanto verdict

SAN FRANCISCO: A San Francisco judge on Monday upheld a jury verdict that found Monsanto liable for not warning a groundskeeper that its weed killer product Roundup might cause cancer, but slashed the damages award.

Judge Suzanne Bolanos denied Monsanto’s request for a new trial but cut the $289 million damages award to $78 million to comply with the law regarding how punitive damages awards must be calculated.

Jurors in August unanimously found that Monsanto acted with “malice” and that its weed killers Roundup and the professional grade version RangerPro contributed “substantially” to Dewayne Johnson’s terminal illness.

The jury ordered Monsanto to pay $250 million in punitive damages along with compensatory damages and other costs, bringing the total figure to nearly $290 million.

Johnson, a California groundskeeper diagnosed in 2014 with non-Hodgkin’s lymphoma — a cancer that affects white blood cells — says he repeatedly used a professional form of Roundup while working at a school in Benicia, California.

“Although we believe a reduction in punitive damages was unwarranted and we are weighing the options, we are pleased the court did not disturb the verdict,” Johnson’s lawyers said in a released statement.

“The evidence presented to this jury was, quite frankly, overwhelming.”

In her ruling, Bolanos gave Johnson the choice of accepting the lessened damages award or triggering a new trial focused on what Monsanto should pay in the case.

Johnson’s lawyers told AFP they are considering which option to pursue.

“That said, today is a triumph for our legal system,” Johnson’s lawyers contended, calling the judge’s ruling “an important win.”

Monsanto-parent Bayer vowed on Monday to appeal the case.

“The court’s decision to reduce the punitive damage award by more than $200 million is a step in the right direction,” Bayer said in response to an AFP inquiry.

“But we continue to believe that the liability verdict and damage awards are not supported by the evidence at trial or the law and plan to file an appeal with the California Court of Appeal.”