State Supreme Court denies review of $86.7M Roundup verdict

The state Supreme Court denied review of an $86.7 million verdict in favor of a Livermore couple in their lawsuit against Bayer AG-owned Monsanto because they got non-Hodgkin's lymphoma after using the weed killer Roundup.

The court's decision, reached Wednesday, affirms a 1st District Court of Appeal ruling in August. Pilliod et al. v Monsanto Company, S270957 (Cal. S. Ct., filed Sept. 20, 2021).

An Alameda County jury awarded $2.055 billion to Alberta and Alva Pilliod. Superior Court Judge Winifred Y. Smith reduced the damages in a July 2019 decision.

Attorneys for Bayer argued the award was still too high, citing the 4-1 ratio of punitive to compensatory damages.

1st District Court of Appeal Justice Marla J. Miller, writing for the majority, wrote that there was "no reason to second guess" Smith's decision that there was no punitive component in her calculation.

R. Brent Wisner, an attorney with Baum Hedlund Aristei & Goldman who represents the Pilliods, hailed the decision in a prepared statement Thursday.

"The Pilliod verdict was based on solid science and unanimous law," he wrote. "They need to stop using the appeals process to deny paying this family its judgment."

Bayer spokesman Christopher Loder said the company is exploring its legal options.

He also cited positive legal developments in other lawsuits involving Roundup, as well as a petition to the U.S. Supreme Court seeking review of a ruling in federal court against the company.

"In case of a negative outcome at the U.S. Supreme Court, the company has already reasonably accounted for future settlements and litigation," Loder added.