A nearly $21 million Roundup cancer verdict to a former school groundskeeper will not be reviewed by the California Supreme Court, according to recent reports.

Monsanto’s parent company, Bayer, appealed the multimillion-dollar verdict in a lawsuit alleging that repeated exposure to Roundup caused a school groundkeeper to develop non-Hodgkin’s lymphoma.

“We are disappointed with the court’s decision not to review the intermediate appeals court’s decision in Johnson and will consider our legal options for further review of this case,” a representative for Bayer told Law360 in response to the court’s decision not to hear their appeal.

Initial Verdict Holds But Reduced

Originally, the jury awarded Dewayne Johnson, a groundskeeper at a California school who says he was repeatedly exposed to the weedkiller over the course of decades, a $298.2 million Roundup cancer verdict, including $250 million in punitive damages.

Bayer successfully argued to reduce the award to $78 million. Bayer appealed the verdict that was ultimately upheld by a California appeals court, but further reduced to $20.6 million.

Both Bayer and the plaintiff appealed the trial judge’s decision. According to a report by Reuters, the appeals court reduced the damages because California law does not provide compensation for a reduced life expectancy.

Bayer reportedly argued that federal regulations, specifically a decision by the Environmental Protection Agency, not to deem the active ingredient in Roundup, glyphosate, a carcinogen, conflicted with the jury’s decision. However, the appeals court reportedly noted in its decision upholding the verdict that the plaintiff had provided evidence supporting his claim that Roundup caused his cancer.

“Multiple judges have now affirmed the jury’s unanimous finding that Monsanto maliciously concealed Roundup’s cancer risk and caused Mr. Johnson to develop a deadly form of cancer,” a lawyer representing the plaintiff reportedly said in a statement issued after the California Supreme Court rejected the most recent appeal. “The time has come for Monsanto to end its baseless appeals and pay Mr. Johnson the money it owes him.”

According to Bloomberg Law, the case will now return to the trial court for additional proceedings. Reuters says that if Bayer is forced to pay the verdict, it will become more difficult for the company to negotiate other Roundup lawsuits.

Monsanto Facing Other Roundup Awards

Bayer faces other legal actions alleging Monsanto’s weed killer causes non-Hodgkin’s lymphoma. In June, Bayer reportedly agreed to pay $10.9 billion to settle approximately 100,000 lawsuits alleging the active ingredient in Roundup, glyphosate, causes cancer.

Law 360 reports that Bayer is facing hundreds of thousands of other claims that Roundup causes cancer, but it has only been to trial on the claims three times. Each of these trials has reportedly resulted in large verdicts, including a $2.06 billion Roundup cancer verdict in 2019.

Widely Used Herbicide Linked to Cancer

The company reportedly continues to contend Roundup and glyphosate are safe; however, the International Agency for Research on Cancer deemed the chemical a probable human carcinogen in 2015 and a number of countries have limited use of the substance.

Roundup was developed by Monsanto in the 1970s and marketed worldwide as a “safe” herbicide. Indeed, it is one of the most popular weedkillers around the world, with Bayer reportedly selling billions of pounds each year.

While advertising for Roundup contends that its active ingredient is only harmful to plants, glyphosate has reportedly been linked to the development of cancer in animals and humans.

Additionally, the company faces claims that Monsanto knew of the connection between Roundup and cancer, but concealed this evidence from the public and even falsified studies to prove the product was safe.

The Roundup Cancer Lawsuit is Johnson v. Monsanto Co., Case No S264158 in the Supreme Court of California.