Washington Supreme Court reinstates $185 million verdict against Monsanto over PCB contamination

The Washington Supreme Court has reinstated a $185 million verdict against Bayer AG’s Monsanto unit in a long-running case over chemical contamination at a school north of Seattle, reversing a lower court’s decision that had vacated the 2021 trial outcome.

The case was brought by three teachers from the Sky Valley Education Center in Monroe, Washington, who alleged they were sickened by exposure to polychlorinated biphenyls (PCBs) leaking from the school’s light fixtures. More than 200 students, employees, and parents have also claimed injuries including cancer and other health problems linked to the chemicals.

The court ruled that Missouri law, where Monsanto was based and made key decisions regarding PCBs, should govern the case, rather than Washington law, which would have barred the claims as untimely. The ruling may influence several related appeals that had been on hold pending this decision.

Monsanto produced PCBs between 1935 and 1977, before they were banned in the United States in 1979 due to links with cancer and environmental harm. Plaintiffs argued that the company was aware of the risks for decades but concealed them from regulators and the public.

Verdicts in prior PCB-related trials have exceeded $1.5 billion, though some awards have been reduced or overturned. In August, Bayer announced settlements for most of the claims stemming from the Sky Valley school, except for nine cases still under appeal.

Lawyers for the teachers said the ruling “sends a clear message” that companies hiding the dangers of toxic chemicals must be held accountable. Monsanto, however, said it disagreed with the decision and was considering further legal action.

Bayer, which acquired Monsanto in 2018 for $63 billion, continues to face extensive litigation related to PCBs and its Roundup weedkiller, which plaintiffs claim causes cancer — an allegation the company denies.

Source: Reuters