Hardeman v. Monsanto

3:16-cv-00525
February 12, 2016
Final judgment
United States, San Francisco

Landscapers
Edwin Hardeman
Monsanto, John Does 1-50
Aimee H. Wagstaff, David J. Wool, Kathryn M. Forgie, Jennifer A. Moore

Civil court
Jury
Herbicide, Glyphosate, Roundup, POEA
Compensatory damages, economic damages in the form of medical expenses, out of pocket expenses, lost earnings, Punitive and/or exemplary damages for the wanton, willful, fraudulent, and reckless acts of the defendants, Pre and Post-judgment interest, Plaintiff reasonable attorneys’ fees, the costs of these proceedings
District Court, Northern District of California of San Francisco, United States
Court

March 27, 2019
Positive
The jury found that that Roundup’s design was defective, lacked sufficient cancer warnings and its manufacturer, agribusiness giant Monsanto, was negligent. It awarded Hardeman $5.3 million in compensation and an additional $75 million in punitive damages.
National law

Hardeman has alleged that his use of Roundup caused him to develop non-Hodgkin lymphoma (NHL). His case is considered a “bellwether” trial for hundreds of similar cases joined in Roundup Products Liability Litigation (MDL) 3:16-md-02741-VC. The judge decided that the trial should take place in 2 phases. It will first have to be demonstrated that Roundup caused Hardeman's disease, and only if the answer is yes, it will be possible to judge whether Monsanto has acted with malice and/or withheld information. The jury, composed of 6 persons, must be unanimous for Hardeman to win his case. The hearings began on Feb. 25, and ended on March 12. After 5 days of deliberation, the jurors unanimously answered yes to the question: Did Mr. Hardeman prove by a preponderance of the evidence that his exposure to Roundup was a substantial factor in causing his non-Hodgkin's lymphoma? The 2nd phase of the trial, with the same jury, focuses on Monsanto's liability and damages and begins on 3/20/2019. On 3/27/2019, the jury awarded Hardeman more than $5 million in compensation and an additional $75 million in punitive damages. On 7/15/2019, the judge reduces the punitive damages from $75 million to $20 million to comply with the Supreme Court's constitutional standards, but dismisses Monsanto's request for a new trial for compensatory damages.