Philadelphia, Pennsylvania – Last year, a Philadelphia jury made headlines by awarding $2.25 billion in damages in a case that linked the popular Monsanto weed killer, Roundup, to a cable technician’s blood cancer. This verdict marked the largest in the ongoing litigation surrounding the controversial herbicide. Corporate parent Bayer had already allocated over $10 billion in 2020 to settle approximately 125,000 cases, many of which were consolidated in California. Initially, Bayer found success in winning nine individual lawsuits that went to trial in 2021. However, the tide turned when juries began to deliver substantial awards to plaintiffs who had developed non-Hodgkin lymphoma.
Lawyer Tom Kline, who represented the Philadelphia plaintiff alongside co-counsel Jason Itkin, argued that the scientific literature had turned against Monsanto in recent years and debunked the notion that non-Hodgkin lymphoma occurs randomly. Thousands of Roundup-related cases are still pending, including one in Delaware involving the cancer death of a South Carolina groundskeeper. While Bayer maintains that the weed killer is safe, it has reformulated the consumer version of Roundup to eliminate the pesticide glyphosate.
Bayer defended its position, stating, “Bayer will continue to try cases based on the overwhelming weight of science and the assessments of leading health and scientific regulators worldwide.” The German-based company referred to the U.S. Environmental Protection Agency (EPA), which has supported the safety and non-carcinogenicity of Roundup. However, Kline argued that Bayer had disregarded known health risks associated with glyphosate and failed to warn consumers about the need for protective clothing and gloves while using the product. In a previous Roundup case in Philadelphia, Kline and Itkin secured a $175 million verdict.
The most recent case involved John McKivison, who testified in January that he used Roundup for 20 years, both at his previous warehouse job and for personal use at his home in Williamsport, Pennsylvania. McKivison also used the herbicide at the church and Little League field where he volunteered. He disclosed that he often experienced spills that soaked his skin during the process. Although his cancer is currently in remission, McKivison lives in constant fear of a relapse and said he spends his days “worrying, wondering, and waiting.”
The jury awarded McKivison $250 million in actual damages and an additional “$2 billion” in punitive damages. Bayer described the jury award as excessive in a post-trial motion, questioning the fairness of Philadelphia courts. The company contended that there was no evidence to support McKivison’s claim of suffering hundreds of millions of dollars in actual losses. Moreover, Bayer continues to challenge the central claim that glyphosate causes non-Hodgkin lymphoma, citing studies that suggest it occurs at the same rate among Roundup users as the general population.
The Roundup lawsuits gained momentum in 2015 after a branch of the World Health Organization raised concerns about the health risks associated with glyphosate, labeling it as “probably carcinogenic to humans.” Conversely, the EPA maintains that glyphosate does not pose an “unreasonable risk.” A U.S. appeals court in California has instructed the agency to review its 2020 finding. Bayer is also seeking the U.S. Supreme Court’s involvement, arguing that the EPA’s approval should invalidate state court claims.
Bayer hopes to decrease the awarded amount in the McKivison case, pointing out that judges have previously reduced three other large verdicts. A California couple’s $2 billion verdict was reduced to approximately $87 million, while the initial $289 million verdict in the first Roundup trial was ultimately reduced to $20 million. Bayer claims that the cross-examinations allowed in the McKivison case were improper and abusive, and that the opposition falsely claimed that the plaintiff was under a “death sentence.”
Although Philadelphia is well-known for its large jury awards and is often cited as a “judicial hellhole” by tort reform groups, Kline stated that the jury pool in the city is evolving alongside its changing demographics. With more young professionals settling in Philadelphia, Kline noted that half of the 12 jurors in the McKivison case had attended college, and some even had graduate degrees. In order to hold Bayer liable, all 10 jurors had to agree that Roundup was more likely than not a cause of McKivison’s cancer.
Bayer acquired St. Louis-based Monsanto for $63 billion in 2018. However, the company’s share price has seen a significant decline in the years since the acquisition.