Sonoma County Man's Roundup Cancer Case Ends in $25.3 Million Judgment After an $80 Million Verdict
After trial: The jury's $75,000,000 punitive award was reduced to $20,000,000 by the district court on July 15, 2019 as constitutionally excessive under the due process guideposts of BMW v. Gore and State Farm v. Campbell; compensatory damages were left intact, making the judgment $25,267,634.10. The Ninth Circuit affirmed on May 14, 2021 (No. 19-16636) and the Supreme Court denied certiorari on June 21, 2022 (No. 21-241), so the reduced judgment is final. The judgment debtor is Monsanto, a Bayer subsidiary, so the award is corporate-backed; we did not find a public report of the payment itself. The firm of record at trial was Andrus Wagstaff PC, the predecessor name of Aimee Wagstaff's practice.
Won by Wagstaff Law Firm.
Edwin Hardeman, 70, sprayed Roundup on his Sonoma County property for about 26 years and was diagnosed with non-Hodgkin lymphoma in 2015. In the first federal Roundup bellwether trial, a unanimous San Francisco jury found in March 2019 that the herbicide was a substantial factor in his cancer and that Monsanto failed to warn, awarding $5,267,634 in compensatory damages and $75 million in punitive damages. Judge Vince Chhabria cut the punitive award to $20 million as constitutionally excessive, leaving a $25,267,634 judgment. The Ninth Circuit affirmed in May 2021 and the U.S. Supreme Court denied Monsanto's petition in June 2022.
What happened
Edwin Hardeman lived on a large property in Sonoma County, California, and from the 1980s until 2012 he regularly sprayed Monsanto's Roundup weed killer to control weeds and poison oak. In 2015 he was diagnosed with non-Hodgkin lymphoma. He sued Monsanto in 2016 under California law, claiming the company knew of studies linking glyphosate, Roundup's active ingredient, to cancer and never put a warning on the label. His case was folded into the federal Roundup multidistrict litigation in San Francisco and chosen as the first bellwether trial.
Judge Vince Chhabria split the trial in two at Monsanto's request. In the first phase the six-person jury heard only the science. On March 19, 2019, it unanimously found that Roundup exposure was a substantial factor in causing Hardeman's lymphoma. In the second phase the jury heard evidence about Monsanto's conduct, including internal emails about the company's approach to safety questions and its relationships at the Environmental Protection Agency. On March 27, 2019, the jury found Monsanto liable for failure to warn, negligence, and design defect, found that it acted with malice or oppression, and awarded $5,267,634.10 in compensatory damages, about $3.1 million for past pain and suffering, $2 million for future pain and suffering, and $200,967 in past medical expenses, plus $75 million in punitive damages. The total verdict was $80,267,634.10.
Hardeman was represented at trial by Aimee Wagstaff and David Wool of Andrus Wagstaff PC of Lakewood, Colorado, and Jennifer Moore of Moore Law Group in Louisville, Kentucky. Monsanto's trial team was led by Brian Stekloff of Wilkinson Walsh. After the verdict, Hardeman and his wife thanked the jurors and the two firms at a press conference outside the courthouse.
Monsanto moved for judgment as a matter of law and a new trial and, in the alternative, to cut the damages. On July 15, 2019, Judge Chhabria refused to disturb the liability verdict or the compensatory award but held that the $75 million punitive award, roughly 15 times the compensatory damages, was constitutionally excessive under the Supreme Court's due process guideposts. He wrote that Monsanto deserved to be punished for being more concerned with tamping down safety inquiries than with making sure its product was safe, but that the record did not show intentional concealment of a known risk. He reduced punitive damages to $20 million, about 3.8 times the compensatory award, and entered judgment for $25,267,634.10.
Monsanto appealed, arguing among other things that the federal pesticide statute preempted the California failure-to-warn claim, that the expert causation testimony should have been excluded, and that even $20 million in punitive damages was too much. Hardeman cross-appealed the reduction. On May 14, 2021, the Ninth Circuit affirmed the judgment in full. It held that FIFRA did not preempt the state-law duty to warn, that the causation experts were properly admitted, that the jury's finding of malice was supported, and that the reduced $20 million punitive award sat within constitutional limits. One judge on the panel would have cut punitive damages further. David Wool argued the appeal for Hardeman, joined on the briefs by Aimee Wagstaff, Jennifer Moore, and Leslie Brueckner of Public Justice.
Monsanto, by then owned by Bayer, asked the Supreme Court to take the case. The solicitor general recommended against review, and on June 21, 2022, the Court denied certiorari, leaving the $25,267,634.10 judgment final. The Hardeman verdict was the first federal jury finding that Roundup causes cancer and, together with two California state verdicts, preceded Bayer's 2020 announcement that it would pay roughly $10 billion to settle most pending Roundup claims.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Ninth Circuit, May 14, 2021: published opinion in Hardeman v. Monsanto, No. 19-16636, affirming the judgment; counsel block names David J. Wool and Aimee H. Wagstaff of Andrus Wagstaff PC, Jennifer A. Moore, and Leslie Brueckner for Hardeman; recites the $5,267,634.10 compensatory and $75 million punitive verdict and the reduction to $20 million
- 2.Courthouse News Service, March 27, 2019: verdict breakdown (about $3.1 million past and $2 million future pain and suffering, $200,967 past medical expenses, $75 million punitive), Hardeman's age, 26 years of Roundup use on his Sonoma County property, Stage 3 non-Hodgkin lymphoma, bifurcated trial before Judge Chhabria, trial counsel Aimee Wagstaff and Jennifer Moore, Andrus Wagstaff and Moore Law Group
- 3.Courthouse News Service, July 15, 2019: Judge Chhabria's order cutting punitive damages from $75 million to $20 million, his reasoning, denial of Monsanto's motion to vacate the verdict, and compensatory damages left intact
- 4.CNBC, June 21, 2022: Supreme Court denies Monsanto's certiorari petition in Hardeman, leaving the $25 million judgment in place
- 5.NPR, March 27, 2019: $80 million verdict in the first federal Roundup trial, six-person jury, San Francisco
- 6.Wagstaff Law Firm (firm)
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