By a 2 to 1 margin the U.S. Ninth Circuit Court of Appeals upheld a lower court ruling that plaintiff Edwin Hardeman should receive $5 million in compensation and $20 million in punitive damages.  The original jury verdict against Monsanto and parent Bayer awarded $75 million in punitive damages, subsequently reduced by the trial judge.

Bayer has committed to compensate plaintiffs collectively to the value of $12 billion to resolve legal claims and establish a trust fund for claimants.

In their appeal, Monsanto maintained that it could not have known that glyphosate, the active ingredient in Roundup™ was responsible for non-Hodgkin lymphoma in 2012.

The Appeals Court found that independent scientific studies linked glyphosate and cancer prior to this date and that internal E-mails discovered in pre-trial proceedings confirmed that the company was aware of health risks.  The fact that Monsanto downplayed concerns regarding safety was regarded as sufficient cause to impose punitive damages.