Phase two of the years-long legal battle between Becton Dickinson (BD) and longtime Covington resident Gary Walker has officially ended in a mistrial.

Walker, a truck driver for the company formerly known as Bard from 1970-99, was diagnosed with non-Hodgkin lymphoma in 2017. According to court filings, he believes his time at Bard (now BD) led to his cancer diagnosis due to his exposure to ethylene oxide, a known carcinogen.

After a five-plus-year legal process and a three-week trial, jurors found BD liable for Walker's cancer diagnosis, resulting in a $20 million verdict for compensatory damages in the first phase of the trial.

Jurors were called back to the courtroom on Monday to weigh any punitive damages, which are used to assess any potential harmful conduct.

On Tuesday, jurors returned the required 12-0 unanimous verdict after multiple hours of deliberation. The verdict awarded $50 million in punitive damages, which would be in addition to Friday's $20 million amount.

However, when jurors were individually polled by Judge Emily Brantley, one juror revealed their dissent from the unanimous vote. This was an unprecedented situation for many in the courtroom.

The juror, only identified as "Juror No. 1," said that they "deferred to the group" implying they conformed to the other jurors despite feeling otherwise. This came after the other 11 jurors confirmed their vote as accurately reflective of their opinion.

After the jurors returned to the jury room, attorneys representing BD swiftly moved for a mistrial. They cited the lack of a true unanimous decision while arguing that Juror No. 1 only agreed to the verdict to reach the required jury unanimity. Walker's attorneys said that the jury should "continue to deliberate."

With uncertainty surrounding the courtroom, Juror No. 1 was called back before Brantley. The juror confirmed their stance to Brantley, stating they disagreed with the jury's presented verdict. Specifically, they cited uncertainty as to whether BD actually intended to cause harm when releasing ethylene oxide into the air.

Attorneys for BD then requested a mistrial for the entire case. But the judge deemed a mistrial was only necessary for the punitive damages phase, while upholding last week's $20 million compensatory damage verdict.

"I didn't expect this," Brantley said seconds before declaring a mistrial in the second phase. "This is what I think I can do...I'm granting a mistrial as to the punitive. We will set it down for a retrial."

Because the trial is not yet final, attorneys on both sides are permitted to submit briefs to the judge that can argue for and against a mistrial on both phases. However, it seems unlikely a mistrial for the entire case would occur.

With the retrial for the punitive damages phase, an entirely new jury will decide whether any punitive damages are to be awarded to Walker. That date has not yet been set.

This trial is a landmark decision in Georgia, as it is one of hundreds regarding medical ramifications found among those who work closely with ethylene oxide. However, it was the first case to go to trial in the state court, which could set a future precedent in other trials.

Walker's attorney, Michael Geoffroy, labeled the overall trial as a success.

"This verdict is not just a win for Gary Walker, it's a message to Bard and Becton Dickinson that Covington families have a right to clean, toxic-free air," Geoffroy said via a press release. "This case is just the beginning. We're committed to seeking justice for every family harmed by Bard's reckless disregard for community health."

The trial was live-streamed by Courtroom View Network.