In the USA has begun a potentially far-reaching lawsuit against the Bayer belonging to chemical company Monsanto. In the case of proceedings before a Federal court in the U.S. state of California, it is a question of whether Monsanto’s pesticides, glyphosate is the cancer of the man responsible, and this is why of the group compensation payments. Because it is a Bellwether Trial in the above-mentioned pattern case in a mass process, he is pointing the way for many more lawsuits. Overall, Bayer in the United States is faced with around 9,300 U.S. plaintiffs. The court in California dealt with hundreds of cases.
plaintiff Edwin Hardeman accused of Monsanto, with its product, Roundup, which contains the controversial herbicide glyphosate as the active ingredient, his lymph glands to have a cancer causing. He throws the seed group to have the hazards of the product covered up. Bayer had already suffered in the last September, a defeat in a case before a U.S. court, but the appeal and rejects the accusations.
Bayer is relying on more than 800 studies
“While we have great sympathy with Mr Hardeman, supports the extensive scientific research on glyphosate-based herbicides over four decades, the conclusion that Roundup is not for his disease,” said Bayer in a statement to the trial. The group relies on more than 800 studies, which demonstrate that the weed killer – in accordance with the instructions, application is for sure.
The U.S. plaintiffs based on various studies, first and foremost, on the International cancer research Agency of the world health organization (IARC), the Monsanto weed killer 2015 “likely to be carcinogenic to humans” classified. At the first trial before the California Federal court now a number of experts to be on the topic. It is right hearing marathon in the next few weeks should be negotiated to four days per week, approximately six hours long. Overall, the court assumes that the process will take four to five weeks.
two phases
divided was A first success Bayer already before the start of the process: The court had granted the request of the Corporation, the procedures in two stages to split. First, it had to be proved that glyphosate is cancer-triggering – only then can it be decided whether Monsanto is responsible for.
as a result, the plaintiff, his allegations that Monsanto had attempted to manipulate authorities and the public opinion, is not at the beginning of the process claim. You will only come to Bear if in the first Phase of the process is found that glyphosate caused the cancers of the plaintiff and the procedure in a second Phase. Some of the disputed documents will allow the judge but already in the first Phase as evidence.
uproar on the first day: judge plaintiff threatens with sanctions
This division of the process, led on the first day of a scandal: The Federal judge Vince Chhabria of the plaintiff with sanctions threatened, since Aimee Wagstaff, the lawyer of the plaintiff, Roundup, makes for his cancer responsible, and not to the predetermined process order. The judge accused the plaintiff’s lawyer to be targeted by the specified tangent. Chhabria verdonnerte by court order, in the course of the day, a written explanation of your behavior.
In a different process in August, a Jury in San Francisco, Monsanto was condemned to the payment of compensation to the former School caretaker Dewayne Johnson. This process took place, however, before a California district court and therefore had less far-reaching implications for other pending cases. Bayer has gone against the judgment in the case Johnson in the appeal.
The Jury in the case, Johnson had awarded the plaintiff damages in the amount of $ 289 million (approximately 255 million euros). A judge found the sum but later for excessive and reduced to 78.5 million dollars. With the substance of the judgment, the judge did not consider but.
Johnson as well as the plaintiff in the current process before the Federal court suffer from Non-Hodgkin’s lymphoma, a cancer of the lymph tissue. Like Johnson, the present claimant, Edwin Hardeman Roundup continued over many years.
In his private garden Hardeman have used the resources of the mid-eighties until 2012, and led his lawyer to the trial. Wagstaff showed a close-up of the Hardman’s throat, on which the malignant Tumor was significantly.
Bayer fear by glyphosate-processes to his reputation
The Leverkusen-based chemicals group, had taken on Monsanto in June 2018. The glyphosate-processes against the U.S. subsidiary only harm to his reputation, but also for its finances threatens not Bayer. Bayer stock had lost as a result of the judgment on the stock exchange massively.
editors ‘ note: In a first version of the text of the International cancer research Agency of the world health organization was abbreviated with WHO, not with IARC.
