This week, Bayer asked a US federal appeals court to reverse a $25 million judgment ordering it to pay a California man whose cancer is believed to have been caused by the weedkiller Roundup.
Bayer cites “serious errors” in the case as the cause for their appeal and claim that based on these errors, the case should have never made it to trial.
Bayer, owner of Roundup maker Monsanto, continues to defend the safety of the weedkiller stating the “verdict defies both expert regulatory judgment and sound science.”
In March, a jury found Bayer at fault for Edwin Hardeman’s non-Hodgkin’s lymphoma and ordered a settlement of $80 million in damages. A judge reduced the damages to $25 million in July.
Hardeman’s case is just one of some 42,700 Roundup lawsuits awaiting trial in the United States. The company has already lost three US trials over the product.
Bayer’s main argument is that the US Environmental Protection Agency (EPA) has repeatedly found Roundup’s active ingredient glyphosate safe for the public and not a carcinogen.
“Because the EPA has consistently approved the sale of glyphosate without a cancer warning and has stated that including such a warning on the label would render the product misbranded, any state-imposed cancer warning is expressly preempted,” Bayer said.
Bayer also argued that 70% of non-Hodgkin’s lymphoma cases have no known cause and that Hardeman lived for years with hepatitis C, an illness that has been linked to the cancer.
We will continue to keep you updated on this case as it proceeds.
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About the Author: Aisha K. Staggers is a writer, lecturer, political analyst and literary agent. She appears weekly for “Staggers’ State of Things” on the Dr. Vibe Show. Her work has been published by Paper Magazine, AfroPunk, The Spool, GREY Journal, MTV News, HuffPost, Blavity, Atlanta Blackstar, For Harriet, New York Review of Books and a host of other first-run publications and syndicated outlets. Find her on Twitter @AishaStaggers. For more of her work, check out her page here!