SEATTLE (dpa-AFX) - Bayer has lost another court battle in the United States over alleged health effects of the chemical PCB, which has been banned for decades. In a statement issued Tuesday night, the pharmaceutical and agrochemical company emphasized that the jury in the Rose case had ruled in favor of the company in 11 of 15 plaintiffs. Nevertheless, the defeat is a further setback in the company's efforts to get the PCB disputes off the table. The jury awarded the four plaintiffs a total of $25 million in compensatory damages and $75 million in punitive damages. However, more important than this case and more indicative of the outcome of the entire matter is the PCB appeal, which is set to begin in February. Bayer's share price fell moderately on Wednesday.

Bayer announced that it would appeal the verdict for the remaining four plaintiffs "in order to seek to set aside or at least reduce the damages." Blood samples and air tests had shown that there was hardly any PCB contamination. The case revolved around alleged health damage caused by PCBs in the school building Sky Valley Education Center (SVEC). The plaintiffs blamed the substance for brain damage, among other things.

The PCB proceedings are an expensive legacy of the U.S. seed company Monsanto, which Bayer acquired in 2018, as are the multibillion-dollar disputes surrounding the alleged cancer risks of the weed killer glyphosate. Monsanto is accused of having concealed the devastating consequences of the toxic pollutants for decades. The company had manufactured the product, which had been used as a fire protection fluid in many electrical appliances and building materials, until 1977. The chemical was banned in the United States in 1979.

Bayer is seeking to recover the costs of PCB litigation from former customers. It argues that the majority of customers released Monsanto from liability in exchange for continuing to receive PCBs in the 1970s. A lawsuit to this end is currently pending.

Meanwhile, attention is already turning to a PCB appeal scheduled to begin in February before the Washington Supreme Court. This case – Erickson – also involves alleged PCB contamination at the Sky Valley Education Center. In May of last year, an appeals court initially overturned a 2021 ruling that had awarded three teachers a total of $185 million (€168.5 million) in damages.

But in the fall, the Washington Supreme Court agreed to take up the case. Should the court decide in favor of Bayer, this could reduce the potential liability of more than a billion dollars from other PCB cases, explained analyst Richard Vosser of JPMorgan. A decision is not expected before the middle of the year at the earliest, but the proceedings could also drag on for up to twelve months./mis/stw