GLOBAL ONE NEWS (G1)—A judge in California is deciding whether or not she’ll follow a jury’s decision to award a dying cancer patient $289 million.

DeWayne Johnson, a former school groundskeeper, successfully sued Monsanto, the creator of Roundup weedkiller for giving him non-Hodgkin’s lymphoma.

Jurors awarded him $250 million in punitive damages and approximately $39 million in compensatory damages in August 2018.

However, San Francisco Superior Court Judge Suzanne Bolanos may issue a new trial to take away his $250 million punitive award.

Monsanto requested a judgment notwithstanding verdict, which Bolanos has tentatively granted.

According to CNN, Bolanos said the plaintiff “presented no clear and convincing evidence of malice or oppression to support an award of punitive damages.”

Johnson’s attorney told CNN Johnson is in good spirits despite Monsanto appealing his compensatory damages award— stating there is no proof their product causes cancer.

Johnson is the first of 4,000 cancer patients to successfully take Monsanto to trial, alleging the company caused their illnesses.

A formal ruling is yet to be made.