San Francisco, CA—A federal judge has limited the evidence attorneys in an upcoming case can bring against Bayer in a trial determining whether or not the glyphosate-based pesticide Roundup caused plaintiff Edwin Hardeman’s cancer, according to Reuters.
Reuters reported that this order, by U.S. District Judge Vince Chhabria, splits the upcoming trial into two phases: one in which the court must decide if glyphosate caused Hardeman’s cancer, and the second in which—if the jurors decides that it did—they must assess Bayer’s liability. Reuters says this applies to this case and two other trials, the three of which will help determine the range of damages and settlement options for the rest of the 620 Roundup cases before Judge Chhabria.
Hardeman’s lawyers, according to Reuters, contend that this evidence—which includes internal Monsanto documents—showed the company’s misconduct and were critical to the California state court jury’s August 2018 decision to award $289 million to groundskeeper Dewayne Johnson in a similar case.
Reuters cited a statement by Aimee Wagstaff, one of Hardeman’s lawyers, in which she expressed confidence that the jurors will find that Roundup caused Hardeman’s cancer, and that the trial will proceed to the second phase.
Reuters quotes a statement from Bayer in which the company says that, “The court’s decision to keep the focus of the trial on the extensive science relevant to human health is encouraging.” Read additional reporting from Reuters here.