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Bayer Aktiengesellschaft

We are investigating Bayer Aktiengesellschaft (BAYRY) (“Bayer” or the “Company”) for potential violations of the federal securities laws.  On August 10, 2018, a jury in the action Johnson v. Monsanto Co., No. CGC-16-550128 (Cal. Super. Ct., Cnty. of S.F.) (the “Johnson Case”) found unanimously that the glyphosate-based Roundup week killer manufactured by Bayer’s subsidiary Monsanto Company (“Monsanto”) was a “substantial factor” in causing the plaintiff to develop non-Hodgkin’s lymphoma and that Monsanto knew, or should have known, the risks associated with exposure to the chemical and failed to warn of this severe health hazard.  The jury also found that Monsanto acted with “malice or oppression” and should be punished for its conduct.  Accordingly, the jury ordered Monsanto to pay $39 million in compensatory damages and $250 million in punitive damages.  On this news, the price of Bayer ADRs declined $3.00 per ADR, or 11.28%, to close at $23.59 per ADR.  Then, on October 22, 2018, although the court in the Johnson Case reduced the award of punitive damages from $250 million to $39 million to match the compensatory damages awarded to the plaintiff, the court otherwise denied Monsanto’s motion for judgment notwithstanding the verdict and Monsanto’s motion for a new trial, and upheld the jury’s verdict, ruling that “there is no legal basis to disturb the jury’s determination that plaintiff’s exposure to [glyphosate-based herbicides] was a substantial factor in causing his [non-Hodgkin’s lymphoma].”  On this news, the price of Bayer ADRs declined $1.90 per ADR, or 8.64%, to close at $20.10 per ADR.  Finally, on March 19, 2019, a jury in the action Hardeman v. Monsanto Co., No. 3:16-cv-525 (N.D. Cal.) —the first federal Roundup cancer lawsuit to proceed to trial—issued a verdict on causation in phase one of the bifurcated trial, finding that plaintiff’s “exposure to Roundup was a substantial factor in causing his non-Hodgkin’s lymphoma.”  On this news, the price of Bayer ADRs declined $1.82 per ADR, or 9.25%, to close at $17.85 per ADR.