Although a shocking $289 million Monsanto Roundup verdict has been reduced by a California judge, the plaintiff groundskeeper will still walk away with $78.5 million.

On Oct. 22, San Francisco County Superior Court Judge Suzanne Bolanos denied Monsanto’s motion to reverse a $289 million verdict against them. However, Judge Bolanos did reduce the Monsanto Roundup lawsuit verdict won by plaintiff DeWayne J. by around $211 million.

The original Monsanto Roundup lawsuit verdict included $250 in punitive damages and $39.25 in compensatory damages. In Judge Bolanos’ tentative ruling earlier in October, she said that DeWayne had not proven that Monsanto acted with malice and that she would likely toss the punitive damages award.

However, her recent ruling instead determined that DeWayne had sufficiently established “inference” that Monsanto acted with malice. She also said that the court found no preceding case in which a “series of corporate actions and decisions” was insufficient in supporting punitive damage.

“When the entire organization is involved in acts that constitute malice, there is no danger a blameless corporation will be punished for bad acts over which it had no control,” Judge Bolanos wrote.

In his Monsanto Roundup lawsuit, DeWayne argued that his use of Roundup during his job as a groundskeeper contributed to his development of non-Hodgkin’s lymphoma. An equipment malfunction allegedly left DeWayne soaked head to toe in Roundup. He later developed blistering lesions and was diagnosed with cancer. Attorneys for DeWayne say that he’s now living “on borrowed time,” according to Law360.

DeWayne’s Monsanto Roundup lawsuit was the first of its kind to go to trial after being filed in 2016. In August, the jury deliberated for three days before awarding DeWayne a massive verdict of $39.25 million in compensatory damages and $250 million in punitive damages. DeWayne’s award included $33 million in noneconomic damages, one million for every year the 46 year old man will have lost to cancer.

After the Monsanto Roundup lawsuit verdict was established, Monsanto moved for a new trial or judgement notwithstanding the verdict. The company claimed that DeWayne did not provide “sufficient and substantial evidence” that would prove Roundup causes cancer or support the jury’s arguments for punitive damages.

Although Judge Bolanos reduced the Monsanto Roundup lawsuit verdict, she rejected motions by Monsanto. She ruled that there was no basis for the court to overturn the jury’s liability finding or dismiss the verdict entirely.

Judge Bolanos also said that it was reasonable for the jury to rely on DeWayne’s key oncology expert, Dr. Chadi Nabhan. Dr. Nabhan concluded that DeWayne’s cancer was caused by his exposure to Roundup.

“Dr. Nabhan was cross-examined and the defense presented expert witnesses to criticize the basis of Dr. Nabhan’s opinion,” Judge Bolanos wrote. “‘The court does not resolve scientific controversies.’ […] That is a matter for the jury to resolve.”

Although Bayer, which recently acquired Monsanto, says that the decreased verdict is “a step in the right direction”, they maintain that the entire verdict isn’t supported by evidence and plans to further appeal.

The Monsanto Roundup Lawsuit is Case No. CGC16550128 in the Superior Court of the State of California, County of San Francisco.

If you or a loved one developed cancer after using Roundup as a farm worker or home gardener, you may have a legal claim. Legal migrant farm workers may also seek help. Learn more by filling out the form on this page for a FREE case evaluation.

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