In 2015 the World Health Organization categorized glyphosate as a probable human carcinogen (cancer-causing substance). Glyphosate is the active chemical found in the herbicide known as RoundUp – a product developed in the 1970s by the Monsanto Company, a U.S. agrochemical technology company. Thousands of RoundUp users who developed non-Hodgkin’s lymphoma have sued Monsanto for introducing a dangerous product to the consumer public without proper warnings, product changes, etc.
Monsanto Fights Against a Unanimous Jury Award for $280 million
This past August, a San Francisco jury unanimously found Monsanto liable for $33 million to compensate the cancer-afflicted plaintiff for his damages including his diminished life expectancy, and $250 million in punitive damages based on evidence strongly suggesting that Monsanto, among other things, hid the carcinogenic nature of glyphosate.
Monsanto requested the judge to overturn the verdict, claiming that the plaintiff’s attorney, Brent Wisner, made inflammatory comments about the company during opening and closing statements.
Months later, the judge issued a tentative ruling to overturn the jury’s $250 million punitive damages award and reduce the diminished life-expectancy award from $33 million to $9 million.
Punitive damages may be awarded upon a showing by clear and convincing evidence that the defendant acted with malice. The San Francisco judge’s tentative ruling indicated that the evidence did not legally support the jury’s verdict under that standard.
The Jury Strikes Back
The tentative ruling prompted jurors to send letters to the Judge defending their verdict. In one of the letters, a juror wrote: “I thought that such an extraordinary exercise of judicial power to quash a jury verdict was appropriate only in the case of jury misconduct or malfeasance…” With regard to Monsanto’s claims that Wisner’s opening and closing remarks improperly influenced the jury, a juror told the judge that such comments “were just not a factor… We were told not to consider it, so we didn’t consider it.”
The Judge ultimately cut the jury’s verdict to $78 million, to which Monsanto appealed, stating “[we] continue to believe that the liability verdict and reduced damage award are not supported by the evidence at trial or the law…”
However, Monsanto continues to defend thousands of lawsuits around the globe.
Skilled Representation from Our Kentucky RoundUp Exposure Attorney
If you or a loved one is suffering from cancer that you suspect resulted from exposure to RoundUp, you should consult the professional legal advice of an experienced RoundUp exposure attorney in Kentucky. Brett H. Oppenheimer is a vehement advocate for those who developed non-Hodgkin’s Lymphoma due to their exposure to RoundUp. Attorney Oppenheimer and his legal team are dedicated to guiding you through the process in pursuit of your or your loved one’s right to hold companies like Monsanto accountable for their reckless and harmful actions.
Please contact the law firm of Brett H. Oppenheimer, PLLC at (502) 242-8877 today to schedule a free consultation regarding your available legal options.