U.S. judge calls for second reduced damages award in Bayer lawsuits

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U.S. judge calls for second reduced damages award in Bayer lawsuits

A U.S. judge today supported Bayer's request to cut the US$2 billion damages awarded to a Californian couple in May by a jury that ruled its glyphosate-based weed killer had caused their cancer, said Reuters.

The company had in June asked Judge Winifred Y. Smith, of Californiaā€™s Alameda County Superior Court, to overrule the jury verdict, which determined that its Roundup weed killer had caused Alva and Alberta Pilliodā€™s non-Hodgkinā€™s Lymphoma (NHL).

Bayer argued that the ruling was not supported by the evidence.

Judge Smith, in a 15-page opinion, said the punitive damages that make up most of the award should be reduced. A hearing was scheduled to be held on Friday on the issue. If the parties fail to agree, the case will go to a retrial, Reuters reported.

ā€œThe courtā€™s tentative order proposes changes in the damage awards, which would be a step in the right direction,ā€ Bayer was quoted as saying in a statement.

Judge Smithā€™s ruling said that the compensatory damages awarded by the jury for past non-economic loss were ā€œnot supportable by the evidenceā€.

She also questioned the basis for the juryā€™s larger damages award, indicating that punitive damages should typically be two-to-four times the combined economic and non-economic compensatory damages.

According to a Reuter's calculation, even assuming that compensatory damages are upheld, applying Judge Smithā€™s logic would result in maximum punitive damages of US$220 million - a fraction of the original jury award.

A Bayer spokesman declined to speculate on whether, and by how much, the damages award could be reduced pending Fridayā€™s hearing.

Another case sees damages award slashed by over US$50m

In a separate case, a federal judge on Monday slashed a damages award Bayer AG owed a California man who blamed Roundup weed killer for his cancer, from US$80.27 million to US$25.27 million, noted Reuters.

The judge rejected the companyā€™s bid for a new trial in this case, it added.

U.S. District Judge Vince Chhabria in San Francisco said evidence supported the US$5.27 million in compensatory damages that a jury awarded Edwin Hardeman. He also said the jury acted reasonably in awarding punitive damages.

Still Chhabria reduced punitive damages to US$20 million from US$75 million.

The publication quoted him saying that while Monsanto ā€œdeserves to be punishedā€ the higher award was ā€œconstitutionally impermissibleā€ because it was nearly 15 times the compensatory damages award.

ā€œMonsantoā€™s conduct, while reprehensible, does not warrant a ratio of that magnitude, particularly in the absence of evidence showing intentional concealment of a known or obvious safety risk,ā€ Chhabria was quoted as saying.

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