Supreme Court is Bayer’s last resort in US cancer cases

Frankfurt — Bayer has lost a third appeal against US court verdicts that awarded damages to customers blaming their cancers on the use of its glyphosate-based weedkillers. This leaves the German drugs and pesticides group pinning its hopes for legal relief on the Supreme Court.

A Californian appeals court late on Monday upheld an $86m verdict that found Bayer responsible for a couple’s cancer after using its glyphosate-based Roundup product against weeds. Bayer had filed an appeal in February 2020, saying the verdict could not be reconciled with sound science or with product clearance from the federal environment regulator.

The initial verdict in 2019 drew attention after a Californian jury awarded more than $2bn to Roundup users Alberta and Alva Pilliod. The trial judge later reduced the damages to $86m.

Roundup-related lawsuits have dogged the company since it acquired the brand as part of its $63bn purchase of Monsanto in 2018.

“We respectfully disagree with the court’s ruling as the verdict is not supported by the evidence at trial or the law. Monsanto will consider its legal options in this case,” Bayer said in a statement.

It reaffirmed plans to file a petition with the Supreme Court this month to review a similar case that went in favour of Roundup user Edwin Hardeman. A federal appeals court in May upheld a $25m court verdict that ruled Roundup caused Hardeman’s non-Hodgkin’s lymphoma.

About a year ago, Bayer failed to persuade a Californian appeals court to overturn a verdict favouring school groundskeeper Dewayne Johnson, who claimed Roundup use caused his cancer.

Bayer struck a settlement deal in principle with plaintiffs last year but failed to win court approval for a separate agreement on how to handle future cases, as Bayer intended to keep the product on the market.

Last month, it announced an additional litigation provision of $4.5bn to brace for any unfavourable ruling by the top court. That came on top of $11.6bn it previously set aside for settlements and litigation in the matter.

Among measures to contain the legal damage, Bayer plans to replace glyphosate in weedkillers for the US residential market with other active ingredients. It will continue to sell the herbicide to farmers, who rely on it heavily.

“We continue to stand strongly behind the safety of Roundup, a position supported by four decades of extensive science and the assessments of leading health regulators worldwide that support its safe use,” Bayer added in its statement on Tuesday.

Reuters