Bayer Claims Judge Gave Roundup Jury a Secret Message Before $175 Million Verdict

Bayer BAYGn.DE is seeking to overturn a recent $175 million verdict in favor of a man who alleged that the company’s Roundup weed killer caused his cancer, saying that the trial judge gave the jury a secret instruction that may have swayed their verdict.

The Oct. 27 verdict, for retired restaurant owner Ernest Caranci, included $25 million in compensatory damages and $150 million in punitive damages. The Philadelphia state court jury was divided 10-2, the minimum majority needed under state law for a verdict in a civil case.

In a motion on Monday seeking a new trial, Bayer said it learned from a juror after the verdict that the jury had previously been divided 9-3 and had sent a note to the judge asking how to proceed.

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