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 Superior Court Judge Winifred Smith of the California Superior Court
in Oakland said the jury's billion-dollar punitive damages awards
were excessive and unconstitutional, but rejected Bayer's request to
strike the punitive award outright.
Under Smith's final order, California couple Alva and Alberta
Pilliod would receive roughly $17 million in compensatory and $69
million in punitive damages, down from $55 million and $2 billion,
respectively.
The plaintiffs still have to formally accept the reduced award.
Bayer in a statement on Thursday said Smith's decision to slash the
award was a step in the right direction, but added it would file an
appeal.
"We continue to believe that the verdict and damage awards are not
supported by the evidence at trial and conflict with the extensive
body of reliable science and conclusions of leading health
regulators worldwide that confirms glyphosate-based herbicides can
be used safely and that glyphosate is not carcinogenic," the company
said.
Bayer faces Roundup cancer lawsuits by more than 13,400 plaintiffs
across the United States. The Germany-based company bought Roundup
maker Monsanto in a $63 billion deal last year, but has since seen
its share price tumble over the glyphosate litigation.
Plaintiffs allege Roundup causes non-Hodgkin's lymphoma and that
Monsanto for decades tried to influence scientists and regulators to
bury cancer evidence. Bayer denies those allegations.
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The company had asked Smith to strike the punitive damages award in
the Pilliods' case, arguing that hundreds of studies and assessments
by regulators worldwide concluded the herbicide to be safe for human
use.
But the judge in her Thursday order rejected those arguments.
"In this case there was clear and convincing evidence that Monsanto
made efforts to impede, discourage, or distort scientific inquiry
and the resulting science," Smith said.
Bayer to date has lost three U.S. jury trials in the Roundup
litigation, with juries in California awarding multi-million dollar
awards. It is appealing the decisions.
In August, the company is scheduled to face its first trial outside
California at a courthouse in St. Louis, Missouri. Monsanto has
recruited Missouri-based expert witnesses to make its case in a
place where it has century-old roots but where juries often hit
companies with huge damages.
(Reporting by Tina Bellon in New York; Editing by Lisa Shumaker)
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