According to a recent report by legal news source Law360, a federal judge did not appear to look favorably on the tactic, however. Reportedly, in a recent virtual hearing, a Ninth Circuit judge questioned whether the EPA’s approval of the active ingredient in Roundup, glyphosate, is pertinent to the case.
$25 Million Verdict in Roundup Herbicide Lawsuit
Monsanto is attempting to escape a multimillion-dollar verdict awarded by a California jury to a man who says that exposure to Roundup caused non-Hodgkin’s lymphoma.
According to The Guardian, Edwin H. was going through chemotherapy in 2015 when he discovered that there may be a link between his cancer and Roundup herbicide. He later became the first to win in a lawsuit against Monsanto alleging that the company knew about the hazards of their top-selling weed killer, but hid this information from the public.
The Guardian reports that Edwin was originally awarded $80 million in damages, but this award was later reduced because it was considered excessive.
Monsanto Points to EPA Approval of Glyphosate
In a recent tactic, Monsanto has reportedly pointed to regulatory approval from the U.S. Environmental Protection Agency for the active ingredient in Roundup, glyphosate. According to Capital Press, Monsanto contends that the verdict in the Roundup lawsuit should be preempted by the finding of the agency that glyphosate is not a carcinogen.
Indeed, in an appeal, the company contends that a jury never should have heard the Roundup lawsuit.
“The trial in this case never should have been held because the claims are pre-empted and because the causation opinions that plaintiff’s experts offered did not pass a proper gate-keeping analysis,” Monsanto’s attorney reported stated.
According to the Insurance Journal, Monsanto thinks that this verdict will shape future litigation over Roundup.
Monsanto reportedly pointed to 45 different EPA approvals of Roundup warning labels that did not list a cancer risk. The company claimed that it could not be held responsible for not including a cancer warning after the EPA approved these labels.
Monsanto May Not Escape Liability
In a recent hearing, the Ninth Circuit Court of Appeals reportedly viewed Monsanto’s claims with skepticism. According to Law360, one judge on the panel pointed out that a provision in the Federal Insecticide Fungicide and Rodenticide Act states that registration of a product under that Act does not shield a company from liability.
The plaintiff’s attorney also argued that the EPA regulations used by Monsanto to argue for reversal should not preempt the jury’s decision in this case.
“We agree that regulation can have power to preempt, but not here,” said the attorney at the hearing, according to Law360.
Bayer Faces Thousands of Roundup Lawsuits
Bayer, who bought Monsanto for $63 billion in 2018, has been named in thousands of lawsuits alleging the weed killer causes non-Hodgkin’s lymphoma and the public was not warned about the link. Law360 reports that Bayer has lost three major lawsuits, all resulting in multi-million-dollar verdicts for the plaintiffs.
In addition, the company is in negotiations to settle multidistrict litigation that would end thousands of Roundup lawsuits. Reportedly, Bayer reneged on a $10.1 billion settlement agreement, but so-called binding settlements have recently been announced.
The Insurance Journal reports that, since Edwin’s $80 million jury verdict was announced in 2018, the company has faced a 23% decline in its stock value.
The Roundup Herbicide Lawsuit is Edwin H. v. Monsanto Co., Case Nos.19-16253, 19-16255, 19-16636 and 19- 16708, in the U.S. Court of Appeals for the Ninth Circuit.
Join a Roundup Weed Killer Cancer Class Action Lawsuit Investigation
If you or a loved one developed non-Hodgkin’s lymphoma, B-cell lymphoma, T-cell lymphoma, chronic lymphocytic leukemia or hairy cell leukemia after using Roundup as a farm worker or home gardener, you may have a legal claim. Legal migrant farmworkers may also seek help.
Learn more by filling out the form on this page for a case evaluation with an experienced Roundup lawsuit attorney.
Please note: Top Class Actions is not a settlement
administrator or law firm. Top Class Actions is a legal news source
that reports on class action lawsuits, class action settlements,
drug injury lawsuits and product liability lawsuits. Top Class
Actions does not process claims and we cannot advise you on the
status of any class action settlement claim. You must contact the
settlement administrator or your attorney for any updates regarding
your claim status, claim form or questions about when payments are
expected to be mailed out.
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