Judge Declares Mistrial in Latest Roundup Weed Killer Case
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The judge overseeing the latest Roundup case has declared a mistrial over comments made by the defendant’s representatives. This continues the trend of wide-ranging results among Roundup lawsuits.
According to Law.com, an attorney representing Monsanto referenced a previous alcohol-related criminal charge against the plaintiff during cross-examination. The judge said that the comment constituted serious misconduct.
Last Friday, the plaintiff’s representatives filed a motion for a mistrial. The judge agreed and declared a mistrial later that same day.
Bayer, which bought Monsanto in 2018, defended the lawyer’s comments. It said the cross-examination about injury risk factors was appropriate. It also said the plaintiff’s decision to pursue a mistrial was “unusual and telling.”
“We remain confident that the extensive weight of scientific research and regulatory assessments support the safety of Roundup and that it is not responsible for the plaintiff’s injury,” the company said in a statement.
Inconsistent Trial Results Continue Among Roundup Lawsuits
Friday’s result marked the third different outcome in the three most recent Roundup trial cases. Cases have centered on claims that Monsanto failed to warn of the potential risk of developing non-Hodgkin lymphoma tied to its weed killer.
The International Agency for Research on Cancer classifies Roundup’s active ingredient, glyphosate, as possibly carcinogenic to humans.
In October, a Philadelphia jury awarded $78 million to plaintiff William Melissen, who developed non-Hodgkin lymphoma after using Roundup for decades.
But, about a month later, a jury in the same court sided with Monsanto in a similar case. In that case, the plaintiff, Judith Womack, developed cancer after using Roundup for several years.
As cases continue to move through state court, Bayer is gearing up an attempt to end the litigation through a Supreme Court ruling. The company said in November that it plans to file a petition during or before 2025 for the Supreme Court to review a Roundup case, meaning it could be decided during the 2025-26 session.
As of December, over 4,000 Roundup lawsuits were pending in multidistrict litigation.
Editor Lindsay Donaldson contributed to this article.