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A judge of San Francisco reaffirmed on Monday the verdict of a jury against the giant of agribusiness Monsanto for a landmark trial concerning the carcinogenic potential of its herbicide with glyphosate, but $ 289-78 million worth of sentence
On August 10, a popular jury found that Monsanto acted "maliciously" by concealing the potentially carcinogenic nature of glyphosate contained in its products and that its herbicides (the popular Roundup and its professional version RangerPro) had "significantly" contributed to the disease of gardener Dewayne Johnson, 46, has a terminal cancer.
These considerations were upheld by San Francisco Judge Suzanne Bolanos.
But in that first decision, Monsanto had been ordered to pay about $ 289 million: $ 39 million for the moral and economic damage suffered by the plaintiff and $ 250 million for the corporation itself. This last sum has been considerably reduced now by Bolanos, who considered it excessive, according to his written decision rendered Monday
. The company must now pay the same amount that Johnson will receive directly, a total of $ 78 million [19659002] Johnson has until December 7 to accept this new amount. If not, the judge will arrange another process to set new amounts of compensation, the judgment says.
Johnson's lawyers, father of two, were satisfied that the magistrate upheld the fundamentals.
In a statement, they indicated that they would "think about the options" that are presented to them to determine whether they accept the judge's decision or prefer a new one.
"The court's decision to reduce punitive damages by more than $ 200 million is a step in the right direction, but we still believe that the verdict of liability and the award of damages are not supported by elements of the process or the law, "said the agrochemical giant in a statement.
Monsanto persists in its claim that its product, marketed over 40 years old and widely used around the world, is harmless.
Johnson, who used Roundup and RangerPro extensively as part of his gardener work in schools in a small town in California between 2012 and 2012. and 2014.
8,000 proceedings in progress [19659012] Monsanto, which has just been acquired by the German multinational Bayer, recently filed a lawsuit to initiate a new proceeding – a separate appeal – considering that the debates they had not proved the link of cause and effect between cancer and glyphosate, and the company had not acted with "malice".
This historical essay was the first in which the link between Monsanto's products was judged in glyphosate and the diseases suffered by its users.
Last week, several jurors went to the San Francisco court to ask the judge not to review their decision, according to the anti-pesticide badociation Moms across America.
In 2014, doctors diagnosed a lymphoma in Johnson. No Hodgkin, an incurable cancer of the lymphatic system. The life expectancy of the gardener would be less than two years.
According to Bayer, Monsanto's glyphosate products are currently the subject of 8,000 court cases in different countries.
Bayer collapsed on the stock market and provoked reactions all over the planet, particularly in France, where glyphosate is seriously questioned. The government of Emmanuel Macron hailed this "historic failure"
The judge nevertheless maintained the bases of the decision of the court of first instance.
In 2015, the World Health Organization described glyphosate as "potentially". carcinogenic to humans. "
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