Monsanto Wins Appeal Ruling in Erickson v. Monsanto
May 01 2024 - 10:25PM
Business Wire
Court remands PCB case back to trial court for further
proceedings
Today, a decision was issued by the Court of Appeals Division I
in the State of Washington in Erickson v. Monsanto, ruling in
Monsanto’s favor on multiple grounds.
This decision reverses the initial verdict of $185 million in
its entirety and remands the case back to trial court for further
proceedings.
The company stated:
“This is a very significant ruling in favor of Monsanto because
the Court of Appeals identified multiple errors - that cut across
most Sky Valley Education Center (SVEC) trials that have been
completed - including the unreliability of Plaintiffs’ exposure
evidence that was erroneously admitted in all SVEC cases tried to
date. Specifically, the Court of Appeals held that the trial court
improperly denied the Company’s statute of repose defense,
erroneously admitted a major portion of plaintiffs’ key expert
exposure opinions, and wrongfully allowed punitive damages on
plaintiffs’ post-sale failure to warn.
“The Company will consider its legal options regarding the
application of this ruling to other SVEC verdicts that are in
conflict with it, as well as how this ruling could affect future
trials.”
The SVEC cases represent most of PCB-related personal injury
litigation against Monsanto. Erickson is the first personal injury
case to go to trial due to alleged PCB exposure at a single school
in Washington state.
The evidence in these cases have demonstrated that all measured
PCB air concentrations at SVEC fell well below the regulatory
health-protective limits and guidelines set by state and federal
regulators, and there is no evidence any such exposure to PCBs can
and did cause the alleged injuries.
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Media: Brian Leake Brian.Leake@Bayer.com (314) 370.3285