Bayer faces fourth U.S. Roundup cancer trial in Monsanto's hometown
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[January 24, 2020]
By Tina Bellon
(Reuters) - Bayer AG <BAYGn.DE> is set to
face a fourth U.S. jury trial over allegations that its Roundup weed
killer causes cancer, with four cancer patients in the hometown of its
agricultural subsidiary Monsanto scheduled to begin making their case on
Friday.
The lawsuit marks the first multi-plaintiff trial in the litigation over
whether glyphosate, Roundup's active ingredient, is carcinogenic, and is
the first trial outside of California. It is being held in St. Louis,
where Monsanto was headquartered before Bayer bought the company in a
$63 billion deal in 2018.
Three consecutive juries found the company liable for causing cancer
with damages of tens of millions of dollars awarded to each plaintiff.
Bayer is appealing those verdicts.
Court-appointed mediator Ken Feinberg has put the number of Roundup
cancer claimants at more than 75,000 while Bayer said the claims it has
been served with in court were below 50,000.
Bayer's share price has tumbled since the first verdict in August 2018
but the stock rose 3% on Friday after Bloomberg reported a possible
out-of-court settlement with some plaintiffs that could lead to a total
payout of about $10 billion.
While traders said the market likes the idea of Bayer settling the
litigation, some cautioned that the prospect of a comprehensive deal
remained uncertain.
Analysts have estimated the size of any such settlement at $8-$12
billion.
SEE YOU IN COURT
While most plaintiffs' lawyers have agreed to postpone trials pending
negotiations, some have decided to pursue their clients' day in court.
The case in Missouri's Circuit Court for the 22nd Judicial Circuit of
the City of St. Louis is scheduled to last several weeks, with both
sides presenting extensive scientific evidence through expert witnesses.
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Logo and flags of Bayer AG are pictured outside a plant of the
German pharmaceutical and chemical maker in Wuppertal, Germany
August 9, 2019. REUTERS/Wolfgang Rattay
Bayer denies all allegations that Roundup or glyphosate causes
cancer, saying decades of independent studies have shown the world's
most widely used weed killer to be safe for human use and noting
that regulators around the world have approved the product.
"At the end of the day, this trial should come down to the weight of
the science, and we remain confident in the extensive scientific
record and regulatory assessments that support the safety of our
glyphosate-based herbicides and that they do not cause cancer," the
company said in a statement.
Several court cases have been postponed by both parties in the past
to expedite settlement talks. By pursuing the St. Louis trail The
Miller Firm LLC, a key player in the litigation, is seeking to
increase pressure on Bayer.
The case involves the claims of Bryce Batiste from Louisiana, Ann
Meeks from Florida, Glen Ashelman from Pennsylvania and Christopher
Wade, a St. Louis resident. All four have been diagnosed with
non-Hodgkin's lymphoma, a blood cell cancer that plaintiffs in the
litigation allege is caused by Roundup.
Some legal experts said Bayer could benefit from a home advantage in
the St. Louis trial, where Monsanto has century-old roots. But
juries in the city are also known to dole out massive damages awards
against large corporations.
(Additional reporting by Ludwig Burger; Editing by Leslie Adler and
Elaine Hardcastle)
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