Bayer is on a winning streak as it battles the remaining cases targeting its Roundup weedkiller, a change after several juries had held it responsible for causing cancer and the company set aside about $16 billion for settlements.
A St. Louis jury in September ruled in Bayer’s favor in a trial involving several plaintiffs, delivering the company its fifth consecutive trial victory as it seeks to resolve tens of thousands of unsettled lawsuits alleging that Roundup, the world’s most widely used herbicide, caused cancer in homeowners, landscapers and farmers.
Bayer’s recent success in trials is a result of focusing on the scientific question of whether Roundup causes cancer, and providing more robust data to juries, said lawyers for the plaintiffs and legal analysts. The company has also been more aggressive in attacking plaintiffs’ arguments on their individual use of the product, the analysts said.
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After going through more than half a dozen trials, Bayer has also had more time to depose expert witnesses brought by plaintiffs and counter their testimony with the company’s own line of experts who have seemed more appealing to a jury than prior experts, said Majed Nachawati, a Dallas-based lawyer representing about 5,000 claimants.