Slashdot is powered by your submissions, so send in your scoop

 



Forgot your password?
typodupeerror
×
Medicine The Courts

Jury Finds Bayer's Roundup Weedkiller Caused Man's Cancer (reuters.com) 249

An anonymous reader quotes a report from Reuters: Shares in Germany's Bayer's fell more than 12 percent on Wednesday after a second U.S. jury ruled its Roundup weed killer caused cancer. Tuesday's unanimous jury decision in San Francisco federal court was not a finding of Bayer's liability for the cancer of plaintiff Edwin Hardeman. Liability and damages will be decided by the same jury in a second trial phase beginning on Wednesday. Bayer, which denies allegations that glyphosate or Roundup cause cancer, said it was disappointed with the jury's initial decision. Bayer acquired Monsanto, the longtime maker of Roundup, for $63 billion last year. The case was only the second of some 11,200 Roundup lawsuits to go to trial in the United States. Another California man was awarded $289 million in August after a state court jury found Roundup caused his cancer. That award was later reduced to $78 million and is on appeal.

Bayer had claimed that jury was overly influenced by plaintiffs' lawyers allegations of corporate misconduct and did not focus on the science. U.S. District Judge Vince Chhabria called such evidence "a distraction" from the scientific question of whether glyphosate causes cancer. He split the Hardeman case into two phases: one to decide causation, the other to determine Bayer's potential liability and damages. Under Chhabria's order, the second phase would only take place if the jury found Roundup to be a substantial factor in causing Hardeman's non-Hodgkin's lymphoma. The jury found that it was on Tuesday.

This discussion has been archived. No new comments can be posted.

Jury Finds Bayer's Roundup Weedkiller Caused Man's Cancer

Comments Filter:
  • by moehoward ( 668736 ) on Wednesday March 20, 2019 @02:42PM (#58305836)
    Too bad they didn't use science to reach the proper verdict. This is insane. We have "votes" on climate change, and a "jury of your peers" to decide on medical and biological science.
    • by DogDude ( 805747 ) on Wednesday March 20, 2019 @02:53PM (#58305894)
      Too bad they didn't use science to reach the proper verdict.

      How do you know? Did you read articles that I didn't?
      • by Anonymous Coward on Wednesday March 20, 2019 @03:30PM (#58306188)

        Too bad they didn't use science to reach the proper verdict.

        How do you know? Did you read articles that I didn't?

        Just the one linked here, but it does in fact say exactly that.

        It says the jury only examined and considered evidence regarding the companies business practices, and the judge even called that out.
        The jury did not mention anything regarding the scientific studies about if it causes cancer.

        The same article even finishes by including the outcome of some of those studies.

        Bayer had claimed that jury was overly influenced by plaintiffs' lawyers allegations of corporate misconduct and did not focus on the science.
        U.S. District Judge Vince Chhabria called such evidence "a distraction" from the scientific question of whether glyphosate causes cancer.

        and

        The U.S. Environmental Protection Agency, the European Chemicals Agency and other regulators have found that glyphosate is not likely carcinogenic to humans. But the World Health Organization's cancer arm in 2015 reached a different conclusion, classifying glyphosate as "probably carcinogenic to humans."

        Had the jury known of and mentioned that very last part from the world health organization, chances are good no one would be discussing this phase of the trial at all.

        Even with the "probably" qualifier used, that being mentioned would have put the requirement to scientifically prove there was no chance or that study was flawed or something.
        As it is they don't really need to do any real work to counter anything.
        If that fact is brought up on appeal, then a whole new trial will need to be held to counter their counter, and basically is more or less starting from square one minus all the time and money and effort wasted to get there.

        I have to agree with GP. The jury was required to show scientific evidence, and clearly if some dip reporters can find it, it can't be that difficult of a task!
        Getting to the right answer by completely wrong and improper means won't help matters and gives Bayer far more wiggle room in court than they should have been given.

      • Maybe they, like me, listed to this episode of Opening Arguments [openargs.com] where an actual lawyer explains just that.

    • by MightyYar ( 622222 ) on Wednesday March 20, 2019 @02:58PM (#58305934)

      Dude, a jury found OJ not guilty. Don't sweat it.

      For what it's worth, most studies on Roundup were concerned with the level of exposure that consumers encounter. This is a bit different - these are agricultural workers with much heavier and different types of exposure. the typical consumer probably isn't breathing the stuff day in and day out.

      • For what it's worth, most studies on Roundup were concerned with the level of exposure that consumers encounter.

        I totally agree; most of the studies are on consumers who used the product according to the label, and so we already know from those studies that if you wear gloves while you use it, then you get limited skin exposure.

        According to the studies, you'd have to accidentally spill some on your skin at least twice in a year to have any cancer risk. Well, or I guess, use it twice without wearing safety equipment, but consumers wouldn't actually do that, would they? Certainly not manly men doing yard work, they'd a

    • Too bad they didn't use science to reach the proper verdict.

      They used logic - an even bigger threat to your bosses than "science."

      • by hublan ( 197388 )

        You ever been on a jury? I have. These "peers" wouldn't know logic if it hit them in the face. It's all about emotional appeal and whether the defendant is easy on the eye.

    • by AvitarX ( 172628 ) <me@@@brandywinehundred...org> on Wednesday March 20, 2019 @03:22PM (#58306134) Journal

      The bigger problem (as far as keeping people and corporations on best behavior) is that something can kill thousands, but still be almost impossible to prove.

      If round up increased one's risk of cancer by 50%, it'd still be nearly impossible to prove with a preponderance of the evidence that any given case of cancer was caused by it (in fact, even if it was responsible for 30% of all cancer, it most likely wouldn't be responsible for any given case).

      It's hard to prove a specific case of cancer was caused by anything since it can kind of happen anyway.

      • by dgatwood ( 11270 )

        If round up increased one's risk of cancer by 50%, it'd still be nearly impossible to prove with a preponderance of the evidence that any given case of cancer was caused by it (in fact, even if it was responsible for 30% of all cancer, it most likely wouldn't be responsible for any given case).

        Good thing that a 50% increase would make it responsible for 33.333% of all cancer, then. :-D

    • Just wait until the peers of this jury of peers has to decide upon a class-action suit against immunization manufacturers, claiming it causes autism...

      • Hey Derpstick, manufacturers of those medicines have legal protection in the US. So no, there will not be a jury deciding that.

    • Too bad they didn't use science to reach the proper verdict. This is insane.

      The jury did rule that Roundup causes cancer. That is the job of science, and it has already been done.

      They jury ruled that Roundup caused plaintiff Edwin Hardeman's cancer. The next step is to determine Bayer's liability.

      We have "votes" on climate change, and a "jury of your peers" to decide on medical and biological science.

      Scientific results (medical, biological, or otherwise) are not determined by "votes" or "juries". They are determined by experiment. Then they are published by scientists so that their peers can examine them. Hypotheses turn into scientific laws and theories as supporting evidence accumula

      • The jury did rule that Roundup causes cancer. That is the job of science, and it has already been done.

        They jury ruled that Roundup caused plaintiff Edwin Hardeman's cancer. The next step is to determine Bayer's liability.

        Whoops, Didn't proofread carefully enough. Perhaps it's obvious, but that should have read "The jury did not rule that Roundup causes cancer."

    • by rsilvergun ( 571051 ) on Wednesday March 20, 2019 @03:57PM (#58306372)
      roundup has other things besides glysophate in it, and it's likely those are the cancer causing compounds. e.g. Bayer is using glysophate as a red herring to get out of paying.
      • I should add (Score:5, Interesting)

        by rsilvergun ( 571051 ) on Wednesday March 20, 2019 @04:00PM (#58306388)
        there's a nice big paper trail where the big wigs were aware of risks and ignored them. That's probably the biggest issue. e.g. the paper trail doesn't being with "There are risks, we need to research them" and then end with "We researched them and they are safe". It begins with "There are risks, we need to bury them" and ends there.
      • I don't know about "likely," as that seems a bit premature to say. From what I could sleuth, the focus seems to surround the surfactant used in Roundup, for which I could only find a single paper showing evidence for toxicity in petri dishes:

        A glyphosate-based pesticide impinges on transcription. [nih.gov], Toxicology and Applied Pharmacology, 2005:

        The surfactant polyoxyethylene amine (POEA), the major component of commercial Roundup, was found to be highly toxic to the embryos when tested alone and therefore could

      • by caseih ( 160668 )

        Mod parent up. This is a very important point. The active ingredients of pesticides are highly regulated, with mandatory toxicity studies. However the other ingredients, including adjuvants and surfactants are not regulated at all, at least here in Canada. So we have no idea how toxic or safe some of these additional chemicals are, which is deeply worrisome, especially the unknown effect on wildlife. Many of these surfactants and adjuvants are required to make the pesticides work better, but aren't incl

    • by Chas ( 5144 )

      If I don't wear prescribed protective equipment of any kind when dealing with large quantities of a known biocide, and wind up quite literally SOAKING IN IT on a regular basis, I might get cancer or other ill effects?

      I AM AMAZE!

      • Well, if a person genuinely believed the idiots claiming it is "proven safe," why would they need to worry?

        That's really the problem; the lack of honesty about the risks, especially from the manufacturer.

        Personally, when I hear somebody say something is "proven safe" I actually hear them say, "I dunnu grok the sciency, can I haz cheeseburder?" So handling concentrated chemicals always still seems stupid to me.

        Yes there is chlorine in my drinking water. Yes, I drink it. No, I don't think that means it is saf

        • by Chas ( 5144 )

          Because too much of ANYTHING can have nasty effects on you.
          Especially when the product SPECIFIES the use of protective equipment.

          "Proven safe" means that when you use it within specifications, you aren't at risk.
          This guy didn't do anything of the sort.

  • by Anonymous Coward on Wednesday March 20, 2019 @02:51PM (#58305878)

    I don't care what a jury of Jerry Springer-watching automatons find about scientific subjects.

  • The lawyers will make out well, they are the only winners.

    • THIS is true.. Only the lawyer's win, I had one tell me so when I got sued two decades ago.

      My daughter was injured in a car accident that was the other driver's fault and all sorts of personal injury attorneys offered to "sue" for only 35% of the recovery.. The kid driving the other car only had $100K worth of insurance and we where out $50K in medical bills with an arguable 4x multiple for ongoing medical costs (which she will have for the rest of her life). IF we went with the lawyer, we'd collect $75K,

    • they payouts are likely to be so huge that some of the money will make it to the plantiff here. On the other hand much of that money will be spent on medical bills and, well, they guy is probably going to die. It's kind of a lose-lose.
  • Juries are stupid (Score:4, Insightful)

    by mpercy ( 1085347 ) on Wednesday March 20, 2019 @05:30PM (#58306836)

    Juries are often filled with anti-corporate types who want to stick it to the man regardless of reality.

    Might Roundup be carcinogenic? Sure. Did a guy who used it in his lawncare regime get exposed enough to *cause* his *particular* cancer? I hugely doubt it.

    I mean, unless he filled his pool with it an swam around in it for a few days...the level of exposure with proper use is pretty much zero.

  • The few times I used it, wore a disposable suit, latex gloves and made sure wind was at my back.

A university faculty is 500 egotists with a common parking problem.

Working...