Bayer AG had hoped a new trial strategy focusing jurors on scientific evidence c...
NEW YORK - Bayer AG had hoped a new trial strategy focusing jurors on scientific evidence could stem a burgeoning tide of U.S. lawsuits over its glyphosate-based weed killer Roundup, but a second jury finding on Tuesday that the product caused cancer has narrowed the company’s options, some legal experts said.
“The fact that Bayer lost this trial despite it being set up in the most favorable way for them is a huge setback,” said Thomas Rohback, a Connecticut-based defense lawyer. Bayer denies glyphosate or Roundup cause cancer. The German company faces more than 11,200 lawsuits over the popular weed killer. Last August, following the first Roundup trial, a California state court jury issued a $289 million verdict against the company.
Vince Chhabria, the San Francisco federal judge overseeing the Hardeman case, agreed with the company’s argument that such evidence was a “distraction” from the scientific question of whether glyphosate causes cancer. He agreed to split the trial in a January order. “They could present evidence of how careful they were in developing Roundup, but that’s an uphill battle given that the scientific evidence was their strongest argument,” said Alexandra Lahav, a law professor at the University of Connecticut.
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