Appeals Court Upholds $611M Roundup Verdict

Appeals Court Upholds $611M Roundup Verdict

Introduction

A Missouri appeals court has upheld a massive Roundup verdict originally totaling $1.5 billion, but significantly reduced the final amount Bayer and its Monsanto unit must pay to $611 million.

The case involved three plaintiffs from New York, Missouri, and California, who each developed non-Hodgkin’s lymphoma after long-term exposure to the herbicide.

Original $1.5 Billion Verdict in 2023

The original verdict was issued in November 2023, when a Missouri jury found that Monsanto failed to warn consumers about the cancer risks linked to Roundup. The jury awarded $61.1 million in compensatory damages, along with $1.5 billion in punitive damages—$500 million for each plaintiff—designed to punish Monsanto and deter similar corporate misconduct.

Roundup Litigation Background

This verdict is part of a broader wave of litigation Bayer has faced since acquiring Monsanto, with over 120,000 lawsuits filed nationwide involving Roundup exposure. Most cases allege that users developed non-Hodgkin’s lymphoma due to glyphosate, the herbicide’s active ingredient. Although Bayer has reached more than $10 billion in settlements to resolve many of these cases, thousands remain unresolved or are being newly filed.

Appeal and Court Ruling

Monsanto appealed the Missouri decision to the Missouri Court of Appeals for the Western District, raising several legal challenges, including federal preemption and objections to trial testimony and evidence. However, in an opinion issued on May 27, the court rejected Monsanto’s arguments and upheld the verdict. The judges did reduce the punitive damages to $549.9 million, but left compensatory damages untouched, bringing the final payout to $611 million.

Legal Strategy and Future Challenges

This latest courtroom loss adds to Bayer's long string of legal setbacks involving Roundup. As a result, the company has shifted part of its focus toward gaining legal immunity through legislation and potential rulings from higher courts. Bayer has already helped pass liability shield laws in Georgia and North Carolina and is lobbying for similar measures in other states.

Possible Bankruptcy Option on the Table

There are reports that Bayer may consider using the bankruptcy system to limit Monsanto’s liability, despite having ample resources to handle litigation. Although this strategy remains unconfirmed, it would mirror tactics used by other corporations facing mass tort liabilities.

Supreme Court Appeal and Reformulation Efforts

In a move viewed by many legal analysts as a last-ditch effort, Bayer recently filed a Writ of Certiorari with the U.S. Supreme Court. The petition argues that the Roundup lawsuits should be barred under federal preemption, as the product was approved by federal regulators. This marks Bayer’s third attempt to involve the Supreme Court, following the Missouri Supreme Court’s February decision to uphold a $1.25 million verdict from a separate Roundup trial.

To mitigate future risks, Bayer announced plans in 2021 to reformulate Roundup, removing glyphosate from consumer versions of the weed killer. However, this change will not affect existing claims, and without further settlements, the company is likely to face ongoing litigation for years as more former users are diagnosed with cancer linked to earlier Roundup formulations.