Jurist raps Bayer company for being uncaring

Judge expected to trim $80 million jury verdict against Monsanto for its cancer-causing Roundup

The judge in the first federal court suit against Monsanto intends to reduce a jury's $80 million damage award.

Bob Egelko

According to a story by Bob Egelko this week on the San Francisco Chronicle's website, although Judge Vince Chhabria plans to reconsider the Roundup weed-killer verdict in favor of Edwin Hardeman, he's not expected to totally eliminate punitive damages "for what he called the company's 'reprehensible' conduct."

The judge has already rebuked the agribusiness for ignoring a 2015 World Health Organization agency ruling that glyphosate, an active ingredient in the weed-killer, is a probable carcinogen — and for "showing no interest in conducting new studies or reconsidering their public assurances to regulators or consumers."

In short, he charged during last week's hearing, evidence at the trial showed the Bayer AG company "not caring whether its products cause cancer."

Hardeman, 70, had sprayed Roundup on his Sonoma County property for more than 26 years. He was diagnosed with non-Hodgkin's lymphoma in 2015. 

Jurors had awarded him $75 million in punitive damages as well as $3 million for past pain and suffering, another $2 million for emotional distress in the future, and $200,000 for economic losses. 

Monsanto had requested Chhabria overturn the verdict. The judge has showed no signs of doing that. 

He did, however, indicate he'd probably cut the punitive damages damages to comply with Supreme Court standards limiting awards, under normal circumstances, to nine times the amount of awarded compensation.

No date has been set for his latest decision.

More information on court verdicts regarding products that may cause disease can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.