New Rulings in Hardeman Roundup™ Case
Monsanto/Bayer’s request for a new trial was denied in the Edward Hardeman case on July 12. This request centered on the evidence Hardeman’s attorneys used in the trial to prove that Roundup™ was the causative agent of Hardeman’s cancer. The defendant disputed the evidence, insisting that there were other mitigating circumstances such as Hepatitis C, which Hardeman had in the past. The company said it was not surprised by this ruling. U.S. District Court Judge Vince Chhabria said that the evidence presented at trial was both admissible and sufficient to prove the plaintiff’s case. A second ruling is expected on the 15th, and Monsanto/Bayer said it will not evaluate its options until both rulings are heard.
What an Attorney Can Do For You
Going up against a giant chemical company may seem daunting, especially if you are ill. That’s what many people face who suffer from non-Hodgkin’s lymphoma after using Roundup™ weedkiller. In such cases, having a legal advocate at your side is vital. We don’t believe that consumers should be punished by the negligence of large companies. Monsanto/Bayer failed to provide a safe product and continues to defend one that is proven to be harmful to those who use it. An attorney reviews all medical records and seeks out expert opinion to prove that the company failed in their responsibility to their customers. This opens the door for a product liability lawsuit, enabling the injured party to recover damages.
Damages in the Hardeman Case
At a meeting in early July, Judge Chhabria said that he had concerns about the punitive damages that were awarded by the jury. The question about whether to reduce the damages will be addressed in the second ruling. The Judge said he was wondering if the $75 million punitive damages and that awarded for pain and suffering were too high.
Phase I – Causation
Edwin Hardeman developed non-Hodgkins lymphoma after spraying the herbicide on weeds around his property in the San Francisco area. After listening to evidence in the case, the jury concluded that Hardeman’s lymphoma was linked to exposure to glyphosate. Causation was targeted in Phase 1 of Hardeman’s trial. The jury was instructed to consider both circumstantial and direct evidence as presented by the plaintiff’s attorneys. Basically, direct evidence is used to prove a fact, while circumstantial evidence proves one or several facts from which a third can be deduced. As with other personal injury civil cases, the proof is based on the preponderance of the evidence. This means that the burden of proof is sufficient when the plaintiff shows that there is a greater than 50-percent chance that it is true.
Damages – Phase II
Damages dominated phase 2 of the trial. Hardeman received a jury award of $5 million in compensatory damages along with $75 million in punitive damages. Compensatory damages include both economic and non-economic recovery of financial loss. Economic damages are those that are tangible such as medical expenses and lost wages. Both can easily be tabulated. Non-economic damages are not so easily calculated. They include the pain and suffering the injured party experienced, such as mental, physical, and emotional loss. Some examples are:
- Pain
- Damage to one’s reputation
- Humiliation
- Anxiety
- Loss of enjoyment
- Worsening of prior injuries
- Insomnia
- Disfigurement
Punitive Damages
Punitive damages are different from compensatory damages. Rather than repay the injured party for financial costs associated with the injury and pain and suffering, punitive damages seek to punish the negligent party. They are usually large amounts and are awarded by the jury. In the Hardeman case, $75 million was awarded to the plaintiff. Often this is a source of contention as the defendant tries to have the punitive damages decreased.
Roundup™ Cancer Lawyer
I’m Ed Smith, a Monsanto Roundup™ cancer attorney. If you have been harmed by the use of Roundup™, you need the help of an attorney. Call me at (800) 404-5400 nationwide or (916) 921-6400 in the Sacramento area. You can also reach out to me online.
I’ve helped many people in a variety of lawsuits in the past 37 years to obtain the compensation they deserve. Aside from Roundup™, other areas are wrongful death, car accidents, and traumatic brain injuries.
To learn about my practice, go to the following pages:
I am a proud member of the following organizations:
Photo Attribution: https://pixabay.com/photos/agriculture-plant-protection-1359862/
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