LL schreef op 25 april 2024 09:22:
UPDATE 1-Judge slashes $857 mln Monsanto verdict to $438 mln in PCBs case
By Clark Mindock
April 24 (Reuters) - A Washington state judge has nearly halved a $857 million verdict against Bayer’s Monsanto in a lawsuit over chemical pollution at a Seattle-area school, ruling that the company should pay $438 million instead.
Monsanto spinoff Pharmacia was found liable by a jury in December for selling polychlorinated biphenyls (PCBs) used in the Sky Valley Education Center in Monroe, Washington, that were not safe and did not contain adequate warnings.
The verdict included $73 million in compensatory damages and $784 million in punitive damages for the plaintiffs, seven former students and parent volunteers at the school who said PCBs caused them neurological, endocrine system and other health issues.
King County Superior Court Judge Jim Rogers let the $73 million component stand in a ruling on Tuesday, but he reduced punitive damages to five times that amount, or $365 million, and shaved another $1.5 million from the judgment to account for a related settlement.
Monsanto had argued in January that the original award was unconstitutionally excessive. The U.S. Supreme Court has said that punitive damages should generally not be more than nine times compensatory damages.
A spokesperson for Monsanto, which agreed to defend Pharmacia in PCBs litigation, said in a statement Wednesday that the company is pleased with the decision but plans to appeal the jury's findings. The spokesperson said the award is still too high and that the plaintiffs were not exposed to unsafe levels of PCBs.
Spokespeople for the plaintiffs declined to comment on Wednesday.
Employees, students and others have claimed in numerous lawsuits against Monsanto that exposure to PCBs at the Sky Valley center gave them cancer, thyroid conditions and other health problems.
PCBs are chemicals once widely used to insulate electrical equipment and found in other common products like carbon copy paper, caulking, floor finish and paint. The U.S. government outlawed the chemicals in 1979 after discovering links to cancer.
The December verdict marked the latest trial loss for Monsanto, which already faced roughly $870 million in verdicts from alleged PCBs exposure at the Sky Valley center in other cases. Monsanto is appealing those verdicts.
The company has said it stopped producing PCBs in 1977. It has also said the school had been warned repeatedly by government officials that light fixtures containing the chemicals needed to be retrofitted, but that those warnings were ignored.
The case is Bard v. Pharmacia, King County Superior Court in Washington, No. 21-2-14305-5.
For the Bard plaintiffs: Henry Jones, Richard Friedman, Sean Gamble and James Hertz of Friedman Rubin
For Monsanto: Jean-Claude Andre, Elizabeth Blackwell, Kenneth Marshall and Sarah Hartley of Bryan Cave Leighton Paisner
(Reporting by Clark Mindock)