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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.
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