Bayer Loses Third Trial – Jury Awards $2 Billion!

Bayer Loses Third Trial – Jury Awards $2 Billion!

Bayer is the most important seed and pesticide firm on this planet, as a result of its $63 billion Monsanto buy. The U.S. Division of Justice (DOJ) accredited the merger in 2018, with Bayer CEO Werner Baumann stating on the time that the acquisition would additional their purpose of making a number one agriculture firm, including, “We need to assist farmers the world over develop extra nutritious meals in a extra sustainable method.”1

All has not remained rosy, nevertheless, as Monsanto got here together with a heavy legal responsibility, together with 13,400 lawsuits from individuals who declare publicity to their glyphosate-containing Roundup herbicide brought on them well being issues, together with most cancers. Already, Bayer’s been tagged with $158 million in damages, and that is simply the decision from two of the circumstances.

Now some are calling the takeover “disastrous,”2 a sentiment seemingly shared by lots of the firm’s shareholders, greater than half of whom voted towards Baumann’s actions with a powerful no-confidence vote.

Extra Than Half of Bayer Shareholders Vote In opposition to Administration

In a September 2018 interview with Bloomberg TV, Baumann defended the huge Monsanto buy, whilst shares fell. “We’re as excited as we’ve got ever been in regards to the mixture, and there are completely no regrets.”three Quick ahead to seven months later to Bayer’s annual normal assembly in Bonn, Germany, and 55.5% of shareholders voted towards ratifying the administration’s actions.four

The vote was symbolic in nature and will not legally change something, however stems largely from the corporate’s plummeting market worth because of rising authorized battles over Roundup. The consensus was that changing the CEO would solely add to the chaos throughout an already perilous time.

“A hasty substitute of the CEO would solely improve the danger of a break-up and subsequently cannot be within the curiosity of long-term oriented buyers … ,” high Bayer shareholder Janne Werning mentioned.5 It has been a long time since a majority of shareholders have voted towards administration’s actions, and in 2015, a 39 p.c nonapproval vote towards Deutsche Financial institution AG co-CEO Anshu Jain led to him stepping down.6

This would possibly not be the case for Baumann, who mentioned he “understands shareholders’ disappointment over the efficiency of Bayer shares for the reason that first glyphosate verdict in August 2018” and added that “authorized uncertainty has weighed on the share worth.”7

In response to the minority proportion of votes in favor of ratifying the actions of Bayer’s board of administration, the corporate’s supervisory board mentioned it will stand behind them, together with of their efforts to enchantment the trials regarding glyphosate.

“Whereas we take the result of the vote on the annual stockholders’ assembly very critically, Bayer’s supervisory board unanimously stands behind the board of administration,” Werner Wenning, chairman of the supervisory board, mentioned in a information launch.

“The end result of the vote … does nonetheless present that the annual stockholders’ assembly wished to ship a transparent sign to the board of administration that Bayer AG ought to carry out the corporate’s strengths to a higher extent sooner or later.”eight

Buyers had complained that Bayer was not revealing sufficient about its technique for defeating upcoming lawsuits. Writing for Reuters Breakingviews, columnist Ed Cropley recommended Baumann might assist to quell their issues as follows:9

“Another choice could be to tweak Baumann’s pay to make sure his pursuits are aligned with shareholders. In 2018, his compensation was linked to the combination of the Monsanto deal and internet revenue, permitting him to take residence a 1.7 million euro [about $1.9 million] money bonus — greater than 2017 — and whole compensation of 5.three million euros [about $5.9 million].

That is despite a 40 p.c share-price stoop. Paying a higher portion of his wage in shares, and linking the bonus to the Roundup litigation, would sharpen his thoughts, and blunt buyers’ criticism.”

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$78 Million Verdict Is Main Blow In opposition to Roundup

1000’s of individuals throughout the U.S. have filed lawsuits alleging that Monsanto’s (and now Bayer’s) Roundup herbicide brought on them to develop most cancers. In March 2015, the Worldwide Company for Analysis on Most cancers (IARC) decided glyphosate to be a “possible carcinogen” primarily based on proof exhibiting the favored weed-killing chemical may cause Non-Hodgkin lymphoma and lung most cancers in people, together with “convincing proof” it might additionally trigger most cancers in animals.

In August 2018, a jury dominated in favor of plaintiff Dewayne Johnson in a really historic case towards Monsanto. Johnson — the primary of the circumstances pending towards the chemical firm — claimed Roundup brought on his Non-Hodgkin lymphoma, and the courtroom agreed.

Monsanto was ordered to pay $289 million in damages to Johnson, though the award was later diminished to $78 million. Bayer requested the courtroom to throw out the judgment in April 2019, going as far as to ask for reversal of the damages awarded primarily based on the truth that Johnson is close to loss of life. On web page 87, the enchantment states:10

“A jury might award future noneconomic damages just for ache and struggling that a plaintiff in all fairness sure to expertise primarily based on his ‘projected life span on the time of trial’ …

[‘[D]amages for future ache and struggling are primarily based upon plaintiff’s possible life expectancy in his or her injured situation … [C]ompensation for ache and struggling is recompense for ache and struggling really skilled, and to the extent that untimely loss of life terminates the ache and struggling, compensation needs to be terminated’] …”

Bayer Loses Second Case, and Now Third Case 

In a second case, a choose dominated in favor of the plaintiff, ordering Bayer to pay greater than $80 million. The jury agreed that Edwin Hardeman’s repeated exposures to Roundup, which he used to kill weeds on his 56-acre property, not solely performed a job in his most cancers prognosis but in addition that the corporate didn’t warn customers that the product carried a most cancers danger.11

The case was cut up into two phases, with jurors first discovering the chemical to have brought on the most cancers on purely scientific grounds and the following section discovering that Bayer is accountable for damages.12 Finally, Hardeman was awarded $75 million in punitive damages, $5.6 million in compensatory damages and $200,000 for medical bills.13

In an announcement, Hardeman’s attorneys Jennifer Moore and Aimee Wagstaff mentioned, “… [T]he jury resoundingly held Monsanto accountable for its 40 years of company malfeasance and despatched a message to Monsanto that it wants to alter the best way it does enterprise.”14

In a 3rd earlier than Alameda County Superior Court docket of California, a married couple, Alva and Alberta Pilliod, declare they each developed Non-Hodgkin lymphoma after common use of Roundup.   The jury has now awarded them $2 billion, a devastating blow to Bayer.  The victoms’ attorneys acknowledged:15

“They began utilizing Roundup within the 1970s and continued utilizing the weed killer till just a few years in the past … Alva suffers from non-Hodgkin lymphoma in his bones that unfold to his pelvis and backbone. He was identified in 2011. Alberta was identified with non-Hodgkin lymphoma mind most cancers in 2015.”

EPA Reaffirms Glyphosate Is Protected as Trial Continues

Whereas courtroom circumstances proceed to seek out that glyphosate causes most cancers, the U.S. Environmental Safety Company (EPA), of their newest evaluation of glyphosate, launched a draft conclusion stating the chemical poses potential dangers to mammals and birds that eat handled leaves, in addition to dangers to vegetation,16 however “no dangers of concern” for folks and “shouldn’t be prone to be carcinogenic to people.”17

Through the 60-day public remark interval for the EPA’s glyphosate preliminary danger evaluation, many commenters disagreed with the EPA’s evaluation that glyphosate is secure primarily based on IARC’s 2015 discovering that glyphosate is “most likely carcinogenic to people.” As for why their conclusion differs from IARC’s, the EPA acknowledged:18

“EPA’s most cancers analysis is extra strong than IARC’s analysis. IARC’s analysis solely considers knowledge which were revealed or accepted for publication within the overtly obtainable scientific literature. Because of this, IARC solely thought of a subset of the research included within the EPA’s analysis.

As an example, IARC solely thought of eight animal carcinogenicity research whereas the company used 15 acceptable carcinogenicity research in its analysis. The EPA additionally excluded some research that weren’t acceptable for figuring out the human carcinogenic potential of glyphosate, comparable to research in non-mammalian species (i.e., worms, fish, reptiles, and vegetation) which IARC utilized in its analysis.”

Nonetheless, critics, together with Nathan Donley, a scientist on the Heart for Organic Variety, mentioned the EPA relied closely on industry-backed research and ignored analysis pointing to most cancers dangers.19 Even the EPA acknowledged:20

“Many commenters asserted that the EPA depends too closely on industry-funded research and that these research should not accessible to the general public. Commenters requested that the EPA use open literature research to evaluate glyphosate and level to numerous open literature research describing numerous human well being and ecological results.”

EPA Captured by Monsanto Lengthy In the past

Within the 2018 case involving Dewayne Johnson, it was discovered Monsanto “acted with malice or oppression” and was answerable for “negligent failure” by not warning customers in regards to the carcinogenicity.21

Inner paperwork have revealed the EPA has colluded with Monsanto to guard the corporate’s pursuits. California’s Environmental Safety Company’s Workplace of Environmental Well being Hazard Evaluation (OEHHA) additionally introduced in 2015 that they meant to listing glyphosate as a chemical identified to trigger most cancers below Proposition 65, which requires client merchandise with potential cancer-causing substances to bear warning labels.

Monsanto filed formal feedback with OEHHA saying the plan to listing glyphosate as a carcinogen needs to be withdrawn. Once they did not give in, Monsanto took it a step additional and filed a lawsuit towards OEHHA in January 2016 to cease the glyphosate/most cancers classification. OEHHA filed a movement to dismiss the lawsuit, and a Fresno, California superior courtroom choose dominated on their behalf in February 2017.

Way back to 1983, when a Monsanto examine revealed an elevated most cancers danger in mice uncovered to glyphosate, the EPA requested for additional research, however the firm merely refused. They claimed the examine wasn’t a priority as a result of one mouse not uncovered to glyphosate additionally developed a tumor, and used this to help its security.

Johnson’s lawyer, Timothy Litzenburg, advised Rolling Stone, “They fought over that one mouse’s kidney for years, spent hundreds of thousands of on specialists, as an alternative of simply doing the check once more. The EPA even supplied a compromise — let’s simply do a kidney and liver check. Monsanto mentioned ‘no.’ It is superb how usually they’re capable of say no to the EPA.”22

Beforehand court-ordered unsealed paperwork have revealed that Monsanto scientists ghost-wrote research to clear glyphosate’s title and even employed a scientist to steer the EPA to alter its most cancers classification determination on the chemical.23

Additional, authorities electronic mail communications launched by means of a Freedom of Info Act request confirmed that the EPA coordinated with Monsanto to gradual its evaluation of glyphosate.24 The draft conclusion that was lastly launched in April 2019 was speculated to have been revealed by October 2015.

E-mail correspondence confirmed Jess Rowland, who on the time was the EPA’s deputy division director of the Workplace of Chemical Security and Air pollution Prevention and chair of the Most cancers Evaluation Evaluation Committee (CARC), helped cease a glyphosate investigation by the Company for Poisonous Substances and Illness Registry (ATSDR), which is a part of the U.S. Division of Well being and Human Companies (HHS), on Monsanto’s behalf.

In an electronic mail, Monsanto regulatory affairs supervisor Dan Jenkins recounts a dialog he’d had with Rowland, through which Rowland mentioned, “If I can kill this I ought to get a medal,”25 referring to the ATSDR investigation, which was postpone for years. Nonetheless, based on U.S. Proper to Know, the deception runs even deeper:26

“[T]he trove of paperwork newly obtained from inside EPA and HHS exhibit that the help to Monsanto got here not solely from Rowland but in addition from even higher-level EPA officers.

Reasonably than encourage and help the toxicology evaluation of glyphosate, Monsanto and EPA officers repeatedly complained to ATSDR and HHS that such a evaluation was unnecessarily ‘duplicative’ and may take a again seat to an EPA evaluation additionally underway.”

Glyphosate Continues To Be the Most Used Agricultural Chemical

There are numerous routes of publicity to this probably carcinogen, together with by way of your consuming water and weight loss program. In testing executed by Pals of the Earth (FOE), 100 p.c of oat cereal samples examined optimistic for residues of glyphosate.27

The typical stage of glyphosate in cereal samples was 360 elements per billion (ppb), which FOE famous is greater than twice the extent set by Environmental Working Group (EWG) scientists for lifetime most cancers danger in youngsters. A few of the cereal samples contained residues as excessive as 931 ppb.

Because it stands, practically 300 million kilos of glyphosate are used within the U.S. every year,28 with unknown penalties to human well being — however what we all know up to now would not look good.

What’s clear is that Monsanto/Bayer continues to work very arduous to suppress any and all adverse publicity about its golden youngster glyphosate, whilst the reality continues to emerge. Sadly, Bayer’s high precedence continues to be appeasing its shareholders and interesting glyphosate lawsuits as an alternative of stopping using this harmful chemical.

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