Appeals court upholds $25M award in Monsanto cancer case

<p>SAN FRANCISCO &mdash; A federal appeals court on Friday upheld a $25 million award against agribusiness giant Monsanto Co. in a lawsuit that alleged a California man developed cancer from exposure to its best-selling weed killer, Roundup.</p>
<p>In a 2-1 ruling, a panel of the U.S. 9th Circuit Court of Appeals rejected Monsanto’s appeal of punitive damages awarded in 2019 by a San Francisco jury. </p>
<p>The jurors found that Edwin Hardeman proved Roundup’s design was defective, it lacked sufficient cancer warnings and its manufacturer was negligent. They initially awarded Hardeman more than $80 million in damages but a judge later reduced the punitive portion of the award, bringing the total to around $25 million.</p>
<p>Hardeman blamed his non-Hodgkin’s lymphoma on decades of using Roundup products to treat poison oak, overgrowth and weeds on his San Francisco Bay Area property.</p>
<p>The appellate court ruling said evidence from the case supported a conclusion that Monsanto acted with "indifference to or a reckless disregard of the health or safety of others” and thus was liable for punitive damages.</p>
<p>And while the initial punitive award figure was excessive, the reduced amount was legal, the ruling said.</p>
<p>An email to Monsanto representatives seeking comment wasn’t immediately returned.</p>
<p>However, Monsanto has long said studies have established that glyphosate, the active ingredient in its widely used weed killer, is safe.</p>
<p>Hardeman’s suit was one of many by thousands of people who contend that Monsanto’s products caused their cancers.</p>
<p>Monsanto was acquired by the German chemical giant Bayer several years ago. Bayer agreed last year to pay $12 billion to resolve thousands of U.S. lawsuits and deal with future claims.</p>