LOS ANGELES | A California court of appeal has confirmed, on Monday, the conviction of the firm Monsanto, followed by a gardener suffering from a cancer that he attributed to the weedkiller Roundup, but once again significantly reduced the damages payable to the complainant.
In August 2018, a jury in the court of San Francisco had concluded that Monsanto had acted with “malice” in concealing the potentially carcinogenic glyphosate, the active ingredient of Roundup, and that this weeding general public and its equivalent professional, RangerPro, had “substantially” contributed to the disease Dewayne Johnson, 48, who is terminally ill.
Ordered to pay $ 289 million in damages, the giant agro-chemical had announced his intention to appeal, requesting, in conjunction with the judge of San Francisco Suzanne Bolanos to organize a new trial.
In October 2018, Ms. Bolanos had upheld this verdict on the merits, but a sharp downward revision of the allowances, to 78.5 M$.
The complainant had accepted the reduction “in order to avoid the burden of a new trial”, “hoping to see in his lifetime a definitive resolution” of the folder, had explained to the lawyers the father of two boys.
On Monday, the judges of the court of appeal of California held that the Roundup had caused the cancer of Mr. Johnson, in contrast to what is claimed by Bayer.
They have, however, reduced the damages to$ 20.4 Million in total.
One of the lawyers representing Mr Johnson has described the decision of the “new great victory”, setting the new reduction of the punitive damages to a “fault” legislation in california.
Mr. Johnson was widely used Roundup and RangerPro in the course of his work, for two years, from 2012.
This trial was the first featuring on the bench of the accused products to the glyphosate in Monsanto, against which thousands of legal procedures have been launched just in the United States, according to the German group Bayer, who has redeemed us.
Bayer announced last June that he was ready to pay more than$ 10 billion to put an end to these legal actions.
Glyphosate has been ranked in the 2015 “probable carcinogen” by the world health Organization (WHO).