Following a California jury’s finding that Roundup contributed to a couple’s cancer, Monsanto has asked a judge to dismiss the jury’s multi-billion-dollar award and to give the company a new trial.

Monsanto, now owned by Bayer AG of Germany, filed a motion on June 17, 2019 alleging the award was not based on evidence. The chemical giant accused the jury of making their decision based on emotional manipulation that portrayed the company as having acted with malice. The jurors awarded plaintiffs Alberta and Alva Pilliod $2.06 billion.

Roundup’s maker insisted it’s an “undisputed fact” that Roundup is safe and claimed independent regulatory bodies and researchers around the world agree with the assessment.

“The verdicts do not reflect the evidence presented in the case; they reflect deep passion and prejudice borne from plaintiffs’ counsel’s improper argument rested on inflammatory, fabricated and irrelevant evidence that should have been excluded,” Monsanto said in its motion. “The resulting trial focused not on ascertaining the truth regarding the state of the science, causation, and compliance with legal duties, but instead on vilifying Monsanto in the abstract.”

Bayer said that attorneys for the couple allegedly began trying to sway the jury from the start, saying the judge reprimanded the couple’s attorneys during jury selection because they had asked prejudicial questions.

Monsanto also took issue that the husband and wife had their claims lumped into one trial because the couple had different kinds of non-Hodgkin lymphoma and were not diagnosed at the same time. The risk factors for each person and the amount of exposure to Roundup varied as well, insisted the chemical company.

Non-Hodgkin lymphoma is a group of blood cancers that start in the lymphatic system and includes all type of lymphoma other than Hodgkin’s lymphoma.

Monsanto Calls Damages ‘Excessive’

The California jury awarded $18 million in compensatory damages and $1 billion in punitive damages to Alva Pilliod, while Alberta Pilliod received $37 million in compensatory damages and $1 billion in punitive damages.

The jury’s verdict held that Monsanto hid unflattering facts and acted with malice, fraud or oppression.

Bayer insists that Roundup is safe and that the couple’s monetary awards are not supported by evidence. If the award stands, it is 36 times more than California’s record high punitive award that has ever stood up to an appeal.

The Pilliods are now in their 70s, and they filed their lawsuit in 2017. They said they sprayed Roundup throughout properties they owned from 1975 to 2011.

Though they are both in remission at this time, they said their years of spraying Roundup planted the seed of cancer in both of their lymph systems. Because of their delicate health situations, the trial was moved up. The possibility that one or both could suffer serious symptoms of their cancers or perhaps even die was taken into account.

The jury announced its verdict on May 13, 2019.

The Monsanto Lawsuit is Pilliod et al. v. Monsanto Co., Case No. RG17862702, in the Superior Court of the State of California, County of Alameda.

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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