A pivotal moment unfolded in an Australian courtroom on Tuesday as closing arguments were presented in a class-action lawsuit accusing Bayer of producing a weedkiller linked to cancer. This marks the first case in Australia to advance to this critical stage, with potential implications for the widespread use of the herbicide Roundup in the country.
Bayer, the German multinational pharmaceutical and life sciences company, has been grappling with legal challenges globally regarding its glyphosate herbicide, Roundup. The company has already paid billions of dollars to settle claims, primarily in the United States, where allegations have linked Roundup exposure to non-Hodgkin lymphoma, a form of blood cancer.
More Than 50,000 Claims in the United States
In the United States alone, Bayer faces a staggering number of over 50,000 claims related to Roundup. The most recent ruling in Pennsylvania saw the company ordered to pay $2.25 billion to a single plaintiff, resulting in a significant drop in its share price. The Australian lawsuit, however, represents one of the relatively few cases outside the United States and is poised to serve as a test case for the nation, where Roundup is widely used.
Landmark Case in Australia
The current legal proceedings in Australia involve subsidiaries of Bayer and bring together more than 1,000 claimants. If the judge at the Federal Court in Victoria concludes in the coming months that Roundup indeed caused lymphoma, the court will then shift its focus to determining whether Bayer was negligent regarding the potential risks posed by its products and whether damages should be awarded.
Also Read: Bayer Plans to Appeal After Court Orders $2.25B Payment to Man Who Claimed Getting Cancer From Roundup Weedkiller
Bayer's Defense and the Safety of Glyphosate
Bayer maintains its stance that Roundup and glyphosate, the active ingredient in the herbicide, are safe. The company asserts that it "fully stands behind its glyphosate-based products, which have been used around the world for almost 50 years." The defense is crucial as the court weighs the evidence presented during the trial.
The Australian lawsuit is expected to result in damages, although likely smaller in scale compared to settlements in the United States. A spokesperson for Maurice Blackburn, the legal firm representing the claimants, suggested that while the damages might not reach the levels seen in the U.S., each affected individual should still receive a "significant" sum.
Lead Claimant's Testimony
Kelvin McNickle, a 41-year-old man, serves as the lead claimant in the Australian case. McNickle alleges that he developed lymphoma at the age of 35 after regularly using Roundup for over two decades on his family's property and during his employment with a vegetation management company. His testimony adds a personal dimension to the legal battle, emphasizing the potential human cost associated with the use of Roundup.
The court is now poised to make a landmark decision with far-reaching implications for Bayer, the agricultural industry, and public health in Australia. The outcome of this case will be closely monitored as it unfolds in the coming months.
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