In this post, our Roundup lawyers will give you
- an update on where things stand in the Roundup class action lawsuit in August 2022 (including updates from the last two trials this month),
- the likely direction the Roundup litigation will likely take moving forward, and
- the expected future settlement amounts in the Bayer Roundup lawsuit (Phase 2)
30,000 Roundup Cases Left… and Counting
As of October 2022, Monsanto has reached settlement agreements in nearly 100,000 Roundup lawsuits. Monsanto paid approximately $11 billion. Bayer has accomplished this by negotiating block settlement arrangements with plaintiffs’ lawyers who have large numbers of cases in the litigation.
Although these settlements account for nearly 80% of all pending Roundup claims, there are still about 26,000-30,000 active Roundup lawsuits. Most lawsuits have been filed in state court. But there are still over 4,000 claims in the MDL Roundup class action lawsuit pending in California.
New Roundup lawsuits continue to get filed regularly. Our Roundup attorneys get calls and online contact forms from Roundup victims with NHL almost every day.
October 2022 Roundup Update
Roundup Update October 4, 2022
The next Roundup trial is in California state court on November 7, 2022.
Roundup Update October 3, 2022
The idea that glyphosate (the chemical ingredient in Roundup) is only linked to lymphoma and leukemia never really added up, right? New research suggests that Roundup might also cause thyroid cancer. A research study by a team from UCLA published last month in a major medical journal looked at the impact of residential exposure to 29 different types of pesticides. A number of the pesticides were found to be associated with increased rates of thyroid cancer, with glyphosate having one of the strongest causal links.
September 2022 Roundup Update
Roundup Update September 6, 2022
A federal judge in Texas last week denied a motion for summary judgment filed by Bayer in a Roundup case. Bayer was seeking summary judgment based on a version of its federal preemption argument. The same preemption argument was rejected by the 9th Circuit last year and Bayer’s effort to appeal that rejection to the Supreme Court failed. The Texas decision will probably be the first of many instances in which pending Roundup preemption arguments are shot down based on the 9th Circuit precedent.
Roundup Update September 2, 2022
The Roundup trial in St. Louis involving three separate plaintiffs and lasting nearly a month concluded yesterday. Bayer won.
The first handful of Roundup bellwether trials back in 2018 resulted in a series of gigantic verdicts for the plaintiffs. The verdicts were so big that Bayer was essentially forced to stop any additional trials and start settling most of the pending Roundup cases.
More recently, however, Bayer has achieved defense victories in 5 state court Roundup trials in a row. Unlike the earlier bellwether cases, the recent trials were in cases that Bayer essentially hand-picked because featured weaker claims. At least four out of the five most recent wins were in cases that Bayer was probably a heavy favorite to win. Because the facts were not strong for the victims bringing the claims. What happened to the strong cases? Bayer settles those.
August 2022 Roundup Update
Roundup Update August 26, 2022
An Arkansas state judge in an upcoming trial for a Roundup lawsuit ordered Bayer AG CEO Werner Baumann to be deposed about lymphoma and leukemia risk associated with Roundup. This is the first time Baumann has been ordered to testify in the Roundup cancer lawsuits.
Roundup Update August 25, 2022
Two of the three plaintiffs in the St. Louis Roundup trial – Gary Gentile and Marty Cox – took the stand to testify in support of their claims. Gentile explained that he was diagnosed with high-grade-B-cell lymphoma after years of regularly using Roundup for household landscaping.
Gentile’s wife, Mary, also testified to tell the jury about the emotional toll that cancer has taken on her husband and family. Defense lawyers briefly cross-examined both plaintiffs and focused primarily on the point that none of their doctors even told them that Roundup was the cause of their lymphoma. The final plaintiff, Cheryl Davis, will testify before the plaintiffs are expected to close their case.
Roundup Update August 14, 2022
The last 2 days of the Alesi Roundup trial have been devoted to more testimony from medical experts on the issue of causation. Dr. Marc Braunstein, an oncologist from NYU Winthrop Hospital, took the stand on August 12. Dr. Braunstein testified for nearly seven hours, and he was followed by a clip of video testimony from Dr. Marc Martens, a former Monsanto scientist.
Roundup Update August 10, 2022
The Alesi trial is still ongoing. Opening statements were last Wednesday. Meanwhile, we are continuing to learn of the risk posed by Roundup. A new study recently published in the Journal of Neuroinflammation found that glyphosate, the active ingredient in Roundup linked to cancer, may also cause an increased risk of neurologic disorders such as Parkinson’s disease.
Our lawyers have always gotten calls from Parkinson’s patients who claim Roundup caused their injuries. We have not taken those cases. But there may be something to it.
The study found clear evidence that glyphosate can pass through the blood-brain barrier, which is a feature displayed by many chemicals that are known to cause Parkinson’s disease and other neurologic diseases.
Roundup Update August 1, 2022
Jury selection begins today in a new Roundup cancer trial in St. Louis, and the entire proceeding will be webcast live by Courtroom View Network. The case (Alesi, et al. v. Monsanto, et al.) involves 3 plaintiffs in their 60 and 70s who used Roundup regularly for years and were subsequently diagnosed with lymphoma.
This will be the first Roundup case to go to trial in Saint Louis County Circuit Court, an urban venue that is not kind to corporate defendants. Earlier this year, Bayer opted to settle a large group of cases just to avoid going to trial in St. Louis County.
With several additional Roundup trials in St. Louis set for next year, the outcome of this trial could have a major ripple effect. Bayer still has over $6 billion earmarked for settlement of current and future Roundup claims.
July 2022 Roundup Update
Roundup News Update July 21, 2022
As most of you know, Glyphosate is the chemical in Roundup that has been named a human carcinogen. The CDC recently released the very startling results of a study indicating that 80% of the U.S. population may have this carcinogenic chemical in their urine. Sure, you never used Roundup. But you are eating food treated with Roundup and this chemical is everywhere.
If you are reading these updates, you have to wonder how Bayer could not feel besieged and surrounded. Bayer needs to offer reasonable Roundup settlement amounts to victims to move past this litigation and turn the page. That will not solve all of Bayer’s problems but a global Roundup settlement would be a huge step on the path to turning that company around.
Roundup News Update July 14, 2022
The 11th Circuit ruled yesterday that claims that Bayer failed to adequately warn of the risk of cancer associated with Roundup are not subject to preemption under the Federal Insecticide, Fungicide, and Rodenticide Act. A federal judge in Georgia had dismissed a claim a plaintiff’s claim that Roundup caused his malignant fibrosis histiocytoma after using Roundup for 30 years.
The goofy – there is no other word – thing about this case is that Bayer already settled with this plaintiff and, as a part of the settlement, required the plaintiffs to appeal the duty to warn claim against Bayer. Why? Bayer was hoping to create a split in the circuit courts to compel the Supreme Court to hear the case. All of this legal scheming… and Bayer has nothing to show for it.
Roundup News Update July 8, 2022
The possibility of continuing Roundup liabilities with no end in sight continues to be a major problem for Bayer. Since June 21st when the Supreme Court formally declined to hear Bayer’s appeal that could have terminated further Roundup claims, Bayer’s stock has dropped 12%. Continuing Roundup liability costs remain a major concern for investors. The glyphosate-based version of Roundup will be pulled from retail shelves at the end of this year, but Bayer could still be facing another 10 years or more of Roundup cancer claims by former users who have yet to be diagnosed.
June 2022 Roundup Update
Roundup News Update June 30, 2022
Bayer loses again. The U.S. Supreme Court declined to hear a second Roundup verdict, this time the $87 million verdict for Alberta and Alva Pilliod. Bayer had a slightly different – albeit ridiculous – additional argument that the punitive damages award violated the U.S. Constitution.
The conventional wisdom is that Bayer will need to pay another $5 billion or more to settle the remaining outstanding 30,000 Roundup lawsuits. That would be an average Roundup settlement of $167,000. This will not be enough money to settle these lawsuits.
But not all of those 30,000 claims are viable lawsuits. (Some Roundup lawyers are gathering cases with dubious merit.) But the settlement numbers look a lot better at 20,000 or 25,000 claims and Bayer putting up a few billion in addition to the $5 billion to increase settlement amounts to get these cases resolved.
Roundup News Update June 22, 2022
Well, that nightmare is over. The Supreme Court rejected Bayer’s appeal.
Roundup News Update: June 18, 2022
Bayer won Johnson v. Monsanto in Oregon yesterday. This marks Bayer’s fourth consecutive victory in a Roundup trial.
It is easy to place too much significance on these recent defeats. Bayer is counting on that psychology. But as we get away from the MDL class action lawsuit and move towards more trials across the country in state courts, this allows Bayer to pick and choose the Roundup lawsuits it wants to try and the cases it wants to settle.
Roundup News Update: June 16, 2022
The latest Roundup trial in Oregon – Johnson v. Monsanto (21-cv-10291) in Jackson County Circuit Court – is moving along faster than Shelton did in Kansas City. The plaintiff rested last week and Monsanto is deep in the defense case. We could get a verdict this week.
Round News Update: June 14, 2022
Nothing ever comes easy in the Roundup lawsuits. Yesterday, the Supreme Court was poised to reject Bayer’s appeal. Instead, it took no action on Bayer’s effort to dismiss thousands of Roundup cancer lawsuits.
What does this mean? No one knows. The omission raises the possibility that the Supreme Court may hear the case. I still doubt it. We will hopefully learn more today.
Roundup News Update June 13, 2022
This week, the Supreme Court is scheduled to decide on whether or not to hear the appeal filed by Bayer seeking to reverse the course of the Roundup litigation.
It has been almost a year since the Supreme Court put off the initial decision on whether to hear the appeal and invited the Biden administration to weigh in on the issues. Since then, the Solicitor General has filed a brief advising the SCOTUS to reject Bayer’s legal arguments. Now all that remains is for the Court to formally deny the appeal.
Roundup News Update: June 10, 2022
After seven hours of deliberation, the jury found for Bayer in the Shelton case in Kansas City. A loss – any loss – in a Roundup weed killer lawsuit hurts. But you have to keep in mind that Bayer settled the last case coming up for trial in Kansas City because it did not like the facts of the case. Bayer liked this case better and took it to trial. There will be more trials and more victories for plaintiffs.
The frustrating thing about this loss, I think, is that a big verdict in Shelton would have destroyed Bayer’s morale to defend these cases. Now, they likely are emboldened until the next big verdict.
Waiting on Shelton
At this point, the focus of the Bayer NHL lawsuit is waiting for a jury verdict in St. Louis in Shelton. There is still no verdict. Last week, the Bayer’s Roundup lawyers filed several motions seeking to exclude certain evidence from this Roundup lawsuit.
Shelton’s lawyer concluded his case last week. Monsanto immediately filed a motion seeking a directed verdict. Defendants in tort cases frequently filed these types of motions at the close of the plaintiff’s case. As expected, the motion was denied.
On Wednesday, the trial judge denied Monsanto’s earlier motion seeking to strike the testimony of the plaintiff’s expert on causation. So we now move on to the presentation of Monsanto’s defense.
The defense lawyers big effort, and it will almost certainly fail, is to strike the testimony of the plaintiff’s expert on specific causation (Dr. Ken Spaeth). Bayer/Monsanto also challenged the admissibility of a 2019 letter from the EPA to registered sellers/manufacturers of glyphosate. The trial judge held a hearing (without the jury) on these motions on Friday.
Philadelphia May Become New Center of Roundup Lawsuits
In other Roundup lawsuit news, Pennsylvania state court Judge Lysette Shirdon-Harris has ordered a mini Roundup class action lawsuit. Her order consolidates over 100 Roundup lawsuits into a class action consolidated for discovery.
How are these Roundup lawsuits in state court? These lawsuits also name as a defendant the chemical maker Nouryon which produces a key toxic element of Roundup. The plaintiffs allege that Nurion—headquartered in Radnor, Pennsylvania—produced a toxic ingredient used in Roundup.
May 2022 Roundup Lawsuit Update
Huge win on May 10, 2022. The Biden Administration does not support Bayer’s appeal.
The MDL class action lawsuit is in a holding pattern. But the next Roundup lawsuit to go to trial will be Allan Shelton’s case. This herbicide suit is underway right now in state court in Missouri. Roundup lawsuits are in state court in Missouri because Monsanto is based in Missouri.
Will that case go to a verdict? I doubt it. My take is that Bayer will handle this one like the last Roundup trial set in St. Louis, settling before the jury gets the case. But who knows?
As of May 24, 2022, there is still no verdict in Shelton.
What Are Facts of Shelton v. Monsanto?
Kansas City native Allan Shelton was diagnosed with non-Hodgkin’s lymphoma before he was 30 years old. He began using Roundup when he was 10 years old.
Mr. Shelton’s Roundup lawyer told the jury in opening statements that glyphosate is ubiquitous and Monsanto is to blame.
April 2022 Roundup Lawsuit Update
In addition to the 30,000 or so pending Roundup cancer lawsuits that remain unresolved, Bayer has been defending a consumer class action lawsuit. This Roundup lawsuit alleges the pesticide was illegally marketed and sold and was therefore overpriced. I don’t understand these consumer class action lawsuits and have never liked how they usually turn out – the victims getting pennies while the lawyers make a ton of money.
Anyway, these lawsuits seek partial refunds for the countless consumers who bought Roundup over the years. The parties recently submitted a proposed settlement under which Bayer would establish a fund of $45 million to resolve these consumer claims.
The MDL judge will only approve the settlement if adequate steps are taken to clarify to plaintiffs that the settlement does not prevent them from later filing a Roundup cancer case if they are diagnosed with NHL.
In other Roundup news, Bayer continues to await word from the Supreme Court on whether the justices will even hear Bayer’s argument on its appeal from the verdict in the Hardeman case. Both the MDL judge and the Ninth Circuit have previously rejected Bayer’s preemption argument.
In December, the Supreme Court declined to either grant or deny Bayer’s cert. petition and instead invited the Biden administration to weigh in with its brief. So far, however, Biden’s Solicitor General has not filed anything and there is no deadline for when the court has to decide. Some people believe we can expect a response from the Biden administration in the coming months.
Another interesting piece of Roundup news this month is whether Roundup will get pulled from the market because of the risks it causes to endangered species. This would be like sending Al Capone to jail for tax evasion, right?
January 2022 Roundup Lawsuit Update
On December 9, 2021, a Roundup trial resulted in another defense victory for Bayer after a jury in California ruled that the plaintiff’s cancer was not caused by her years of Roundup use. It was a fairly classic NHL Roundup lawsuit. The plaintiff, Donnetta Stephens, was a woman in her 70s who was diagnosed with lymphoma after years of using Roundup in her home gardening hobby.
The trial was conducted entirely via Zoom video call and dragged on for nearly 3 months. This is a poor bellwether trial because of the insanity of trying to have such a complex trial by Zoom. The emotion, the feel for the witnesses – you don’t get that on Zoom as we all know from using it for the last 20 months.
So our Roundup lawyers are still as bullish on the expected individual settlement amounts for Round Two of the Roundup lawsuits as we have ever been.
Roundup Litigation
Not too long ago, Roundup was the most popular weedkiller in the world used by homeowners and professional farmers alike. But then many scientific studies started coming out suggesting that prolonged exposure to glyphosate (the active ingredient in Roundup) might cause non-Hodgkin’s lymphoma and other cancers. These studies led certain international health organizations to add glyphosate to their list of possible human carcinogens, sparking a rapid downward spiral for Roundup.
The identification of glyphosate as a possible carcinogen led to a wave of Roundup lawsuits by plaintiffs claiming that their use of Roundup caused them to develop lymphoma (and other diseases). Eventually, every Roundup lawsuit in federal courts was consolidated into a new mass tort MDL in the Northern District of California. The Roundup MDL gradually grew to over 100,000 cases, with thousands of additional Roundup cases pending in state courts in California.
Huge Roundup Verdicts Broke Monsanto’s Resolve
Monsanto had what I think is a somewhat unique corporate resolve to ignore the evidence that Roundup causes NHL. They started off relying on unreliable data to prove their hypothesis and when the evidence because clear, Monsanto stuck their heads in the sand. I’m convinced this is how history will write this story.
After years of discovery, that unshakable resolve crumbled. The first Roundup cases went to trial with disastrous results for Bayer. The first 2 trials resulted in verdicts of $289 million and $80 million. The third trial ended in an eye-popping verdict for the plaintiff of $2 billion.
These verdicts effectively broke Bayer’s resolve and they immediately shifted their focus on negotiating settlements, eventually setting aside $16 billion to cover settlements of pending claims.
Most Pending Roundup Cases Have Been Settled
In March 2022, Bayer, who owns Roundup and Monsanto, told investors that the company had reached tentative settlement agreements in roughly 98,000 pending Roundup lawsuits. This accounts for nearly 80% of all pending Roundup cases. Bayer has brokered these settlements primarily by negotiating block settlement arrangements with lawyers who have large numbers of cases in the litigation.
Points System for Monsanto’s Roundup Settlement
The Roundup settlements are somewhat complicated because they create a detailed point scoring system designed to rank cases into settlement tiers based on the strength of claims and severity of injuries. Cases specific factors such as type of cancer, treatment outcome, age of the victim, estimated earnings capacity, etc., are awarded point scores. Individual cases are then placed into settlement tiers based on point scores and cases with higher scores get a bigger payout. Cases with lower point scores end up getting much smaller payouts.
30,000 Roundup Lawsuits Remain
Although Bayer has entered into agreements to settle 80% of the pending Roundup claims, this still leaves over 26,000 currently active Roundup lawsuits that have not been settled. Moreover, new Roundup lawsuits continue to get filed regularly as new individuals are diagnosed.
Example of a Recent Roundup Lawsuit
Ohio resident Gene Wyatt became one of the most recent plaintiffs in the ongoing Roundup litigation. Wyatt filed a Roundup lawsuit in the Southern District of Ohio against Monsanto on November 18, 2021. Wyatt’s case was subsequently transferred to the Roundup MDL in the Northern District of California.
Wyatt alleges that he was regularly exposed to Roundup while using it as part of his job with the Ohio Department of Transportation in Washington Courthouse, Ohio from 2001 to 2011. Spraying Roundup from a vegetation applicator to control weeds is part of Wyatt’s regular job duties. In January 2015, 5 years after his 10-year period of occupational Roundup exposure, Wyatt was diagnosed with Chronic Lymphocytic Leukemia. Wyatt’s lawsuit alleges that his leukemia was caused by his 10 years of exposure to Roundup.
The Future of Roundup Lawsuits
While Bayer continues to work on settling these remaining Roundup cases, the company is telling investors that future Roundup liabilities will depend on the outcome of the company’s appeal to the U.S. Supreme Court. Future liability has been one of the biggest issues for Bayer in the Roundup litigation. It may take years or even decades for Roundup users to develop lymphoma. This means Bayer could face a steady stream of new Roundup lawsuits for the next 20 years. This type of “long tail” tort liability can be a nightmare for publicly traded corporations like Bayer.
Initially, Bayer sought to deal with future liability issues through a controversial global settlement arrangement that would have stayed and potentially frozen all future Roundup lawsuits. This proposal met fierce opposition and was rejected by the MDL back in May.
Bayer has now adopted a 2 prong strategy for limiting its future Roundup liability. First, Bayer announced that it would pull glyphosate-based Roundup from retail shelves at the start of 2023. The original Roundup will be replaced by a new version that does not contain glyphosate. This move will effectively cap any future Roundup liability years down the line.
The second prong of Bayer’s strategy is based on winning an appeal to the Supreme Court in the Hardeman case. Hardeman was the very first Roundup bellwether trial that resulted in a massive verdict. Bayer has been appealing the Hardeman in the hopes of winning a game-changing legal argument. Bayer is arguing that the Roundup claims should be preempted by federal law because the EPA has found that cancer warnings are not required for glyphosate. If Bayer can get an appellate court to accept this legal argument, it would effectively block many future Roundup claims.
Bayer has already presented this argument to the 9th Circuit and lost. Now Bayer is asking the U.S. Supreme Court to consider the issue. In August Bayer filed a petition for certiorari with the Supreme Court in the Hardeman appeal.
Bayer is holding out hope that the appeal to the Supreme Court will save them, but the company already has a solid backup plan. If the Supreme Court declines to hear the case or rejects Bayer’s legal argument, Bayer has plans to set up an administrative process to handle future claims and has already set aside $4 billion to cover the cost. (Get an update on the Supreme Court appeal.)
Roundup Lawsuit Questions and Answers
When Will Roundup Victims Get Their Settlement Money?
Many Roundup victims have already gotten their money. Many more will get their settlement checks this year or early next year. The process takes too long.
As for the remaining 30,000 pending Roundup lawsuits in June 2022, there are settlement negotiations but no resolution.
What is the average payout for a Roundup lawsuit?
The average settlement payouts for Roundup lawsuits has been around $100,000 to $160,000.
What Is the Win-Loss Record in the Bayer Lawsuits?
Plaintiffs won the first 3 Roundup lawsuits within massive victories for the plaintiffs: Johnson v. Monsanto (2018) = $289.2 million Hardeman v. Monsanto (2019) = $80.2 million Pilliod v. Monsanto (2019) = $2.055 billion. Bayer has won the last four trials, most recently in June 2022 in the Johnson case in Oregon.
How many Roundup lawsuits have been settled?
We don’t know for certain how many Roundup lawsuits have been settled. In August 2022, our Roundup NHL lawyers estimate 30,000 Roundup lawsuits are still pending.
Do You Have to Pay Taxes on Roundup Settlement Checks?
No. With a few exceptions, settlements in personal injury lawsuits are not taxable as income. So you do not pay taxes on your Roundup settlement check.
- Roundup settlement update (video)
Roundup Future Claim Compensation Fund
Under the terms of the proposed settlement, Bayer would pay $10.9 billion. Most of that money ($9.6 billion) will be paid to resolve the existing 125,000 claims involving exposure to Roundup before February 2021. However, the remaining $2 billion will be set aside for a highly controversial plan for dealing with claims based on “future” exposure to Roundup.
Some of the $2 billion will be used to create a “compensation fund” for a special class of individuals who were exposed to Roundup before February 2021, but have not yet been diagnosed with cancer and filed a lawsuit. Under the arrangement, anyone in this “class” would have access to free medical exams and could receive $200,000 in compensation if they are diagnosed with non-Hodgkin lymphoma in the future.
In his filing earlier this week, Judge Chhabria raised the following questions about this aspect of the settlement proposal:
- If the Court understands the settlement correctly, it binds anyone exposed to Roundup before February 3, 2021 (assuming they do not opt-out), but contemplates that the compensation fund and medical monitoring program can be terminated a few years after the settlement is approved. Why would it be in the interest of people exposed to Roundup before February 2021 to bind themselves to a fund and program that expires so quickly?
- How should the Court evaluate whether the amount in the compensation fund is sufficient?
- One way to evaluate the proposed settlement is to compare it to the status quo, which is that plaintiffs continue to sue and Monsanto continues to negotiate settlements with them. This comparison appears to be the primary focus of the briefs. But another way to evaluate the proposed settlement is to compare it to other more conventional arrangements. From the standpoint of the class members, how does the proposed settlement compare to an arrangement in which Monsanto puts a warning on its label sufficient to foreclose future claims and establishes a fund that offers compensation as a potential alternative to litigation?
“Science Panel” For Future Roundup Claims
By far the most contested aspect of the proposed Roundup settlement is the plan to create a “scientific panel” to study the evidence and issue a definitive finding as to whether or not Roundup causes cancer. The finding of this scientific panel would be fully binding on ALL future claimants and class members. If the panel finds that there is no evidence that Roundup causes cancer, future Roundup claims would be effectively precluded.
This aspect of the settlement proposal in the Roundup spray lawsuit has drawn widespread opposition and objections from various fronts. In previous hearings, Judge Chhabria has expressed significant doubts as to whether the science panel proposal was legally valid. In his filing earlier this week, Judge Chhabria cut right to the very heart of the issue on this in his last question:
Why is it in the interest of the class to agree in advance to the admission in future trials of the conclusions of a court-appointed independent science panel, given how well the trials have been going for plaintiffs without such a panel?
The answer to this question is obvious. It is NOT in the best interests of future claimants to agree to allow a science panel to preclude their claims in advance. This seems less like a question and more like a statement by Judge Chhabria as to why he may not approve the Roundup settlement.
We will know more soon. This is a tough balancing act for this judge. People want their Roundup settlement money now. These victims have truly suffered. It is tragic that they still have to wait for their money. But this is complicated and there are many competing interests the judge must juggle.
UPDATE: Judge Balks at Approval and Suggests Warning Labels
On Wednesday, May 19, 2021, Judge Chhabria held the hearing on the request for preliminary approval of the multi-billion-dollar Roundup settlement proposal. Although Judge Chhabria punted on the request for preliminary approval at the hearing, he did seem to be slowly inching closer and gave the parties some suggestions on how to get to the finish line.
Two other key things came out of the May 19 hearing. First, it was explained that the future claims portion of the proposed settlement would cover 2 types or “classes” of Roundup claims.
Class 1 would include Roundup users who have already been diagnosed with non-Hodgkin lymphoma but have not yet retained a lawyer and filed suit. Judge Chhabria speculated that this class would include a high number of migrant farmworkers. Class 2 under the future claims settlement proposal would include anyone with exposure to Roundup before February 2021 and who is diagnosed with lymphoma at some point in the future.
Judge Chhabria suggested that the proposed settlement deal currently on the table “could potentially be reasonable for class one,” because it adequately notifies class members of their rights and provides for compensation of up to $200,000 per claim.
Concerning Class 2, however, Judge Chhabria expressed major concerns with the validity and reasonableness of the settlement proposal. Judge Chhabria clearly stated that he was not willing to approve the current draft of the settlement and he suggested that the parties go back and make some adjustments.
The controversial proposal for handling future claims (Class 2) has been a sticking point for Bayer in the settlement negotiations. Bayer thinks the arrangement will prevent a continuing stream of Roundup claims into the distant future while keeping its popular product in stores.
Judge Chhabria strongly suggested that Bayer could achieve this goal by agreeing to put very strong warning labels on Roundup going forward. Bayer has resisted this in the past. Why resist a path that would put future Roundup claims to bed? Profits. Putting a cancer warning on a product like Roundup will decrease sales. Bayer knows that.
UPDATE: October 2021 – Judge Denies Future Claims Proposal While Bayer Continues to Settle Pending Cases
As predicted by Judge Chhabria, Bayer’s proposal for resolving “future claims” in the Roundup litigation was simply too problematic. After approval for the plan was formally denied, Bayer’s defense team quickly abandoned the idea and changed strategies. Bayer has now announced that it will stop selling glyphosate-based Roundup to retail consumers beginning in 2023. The company also set aside another $4 billion to cover liabilities for future Roundup claims.
Meanwhile, Bayer has continued to negotiate large block settlements of pending Roundup cases. The company advised investors that it has earmarked about $12 billion for the settlement of roughly 125,000 pending claims, many of which have already been settled and are waiting for dismissal.
Will the Individual States Ban Roundup Pesticide?
Congress is as dysfunctional as always. But some states may ban Roundup on their own. In late November 2021, a newly created commission in Massachusetts is considering restrictions on the use of Roundup because it has been linked to cancer. Many states may ban non-commercial use of Roundup before Monsanto takes Roundup off the market as planned in 2023.
Random Roundup Settlement Tea Leaf
Bayer announced in November 2021, that Liam Condon, the head of its crop science unit, would resign at the end of 2021.
This might be a stretch on my part to find some hidden Roundup settlement meaning in this. I have no insider information. But getting rid of the old guard of leadership who felt compelled to defend Roundup no matter what may be a good sign for settlement talks. New leadership is more likely to say those were the mistakes of the past. That mentality would make it easier for Monsanto to get on with it and settle the remaining 30,000 Roundup lawsuits.
Call a Roundup Lawyer Today
If you need a Roundup lawyer to fight against Monsanto, call us today at 800-553-8082. There is a deadline to file which is a really big deal. So call our lawyer or call another lawyer today. Don’t wait. You can also reach out to us online.
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FAQs
What is the status of the Roundup? ›
Approximately 80% of all filed Roundup claims have been settled. Victims of Non-Hodgkin's lymphoma received compensation in 2021 and 2022.
What type of lymphoma does Roundup cause? ›Exposure to glyphosate, the world's most widely used herbicide, increases the risk of a cancer called non-Hodgkin lymphoma by 41 percent, according to a new analysis from researchers in the UW Department of Environmental & Occupational Health Sciences (DEOHS).
Did Roundup change their recipe? ›Despite consumer concerns, Roundup did not change their formula. If you believe the chemical makeup of the popular weed killer and herbicide compromised your health or that of a loved one, you might be eligible for a monetary award.
What is the biggest payout in a lawsuit? ›The 1998 Tobacco Master Settlement Agreement is also the biggest civil litigation settlement in US history. At USD246 billion, it is unlikely to be beaten any time soon. The case was brought against all the major tobacco companies by more than 40 US states.
How much should I expect from Roundup settlement? ›The average Roundup lawsuit payout is between $5,000 to $250,000 in compensation, however, it's important to note that every lawsuit is different. The severity of the claimant's Roundup-related illness, and the extent of their exposure to Roundup can factor heavily into the final compensation amount.
Has anyone received money from Roundup lawsuit? ›There have been at least three high-profile civil suits involving the potential links between Monsanto's weed killers and cancer: In 2018, a San Francisco jury awarded $289 million to a groundskeeper who used Roundup products and developed late-stage non-Hodgkin lymphoma.
What are warning signs of lymphoma? ›- Painless swelling of lymph nodes in your neck, armpits or groin.
- Persistent fatigue.
- Fever.
- Night sweats.
- Shortness of breath.
- Unexplained weight loss.
- Itchy skin.
Lymphomas can start anywhere in the body where lymph tissue is found. The major sites of lymph tissue are: Lymph nodes: Lymph nodes are bean-sized collections of lymphocytes and other immune system cells throughout the body, including inside the chest, abdomen, and pelvis.
What proof do you need for Roundup lawsuit? ›Gather pieces of evidence that you were exposed to Roundup at work, farm, or at home. These include receipts of purchase, used bottles, standard operating procedures if you've been exposed at work, or landscaping invoices.
What is the toxic ingredient in Roundup? ›Further, research has shown that glyphosate, the active molecule in the herbicide Roundup, acts as an endocrine disruptor, which means that it has the ability to trigger cancer, birth defects, and other developmental disorders.
What is the latest news on the Roundup lawsuit? ›
As of June 2022 Roundup litigation update, Bayer has reached big Roundup lawsuit settlements with around 100,000 claimants for $10.9 billion, and Bayer's appeal to change the $87 million reward of Pilliod is blindly rejected by the federal court.
What foods has Roundup been found in? ›The most well-known source of glyphosate is Roundup, a common trade name herbicide formulation by Bayer/Monsanto. Residues of this chemical have been found in consumer foods such as bagels, honey, flour, and infant formula.
How likely is it to win a lawsuit? ›By the Numbers: What Percentage of People Win Personal Injury Lawsuits? According to the U.S. Department of Justice, only about 3 percent of personal injury claims settle through a trial verdict. Most claims settle before trial. In other cases, the injured party voluntarily dismisses the case.
What has Pfizer been fined for? ›| Company | Primary Offense Type | Penalty Amount |
|---|---|---|
| Pharmacia & Upjohn Company Inc. | kickbacks and bribery | $19,700,000 |
| Pharmacia Corporation | False Claims Act and related | $18,960,210 |
| Wyeth LLC | Foreign Corrupt Practices Act | $18,876,624 |
| Pfizer Inc. | False Claims Act and related | $18,170,000 |
In the United States, the rule (called the American Rule) is that each party pays only their own attorneys' fees, regardless of whether they win or lose. Even so, exceptions exist. Keep reading to learn when you might be responsible for your opponent's attorneys' fees.
How many Roundup lawsuits have been settled? ›September 2020: Bayer Settles 15,000 Roundup Lawsuits
Bayer/Monsanto and a number of plaintiffs' attorneys have agreed to settle 15,000 lawsuits over health problems linked to use of Roundup.
It's Not Too Late to File a Roundup Lawsuit
Many personal injury attorneys offer free Roundup case evaluations to answer your questions and determine your chances of receiving compensation. Contact an experienced Roundup attorney to learn more about your rights and take legal action before it's too late.
Medicare's Rights to Recover from Your Settlement
In the average situation, Medicare will get 50% of the net payment after litigation costs and attorney's fees have been paid.
If you filed a claim for a class action settlement, there are many possible reasons why you have not received a check yet. Most commonly, the reason that you have not received a settlement check is because the settlement agreement has not become final and effective.
How long does it take to get a Roundup settlement check? ›Settlement checks are typically mailed within one month after you submit the release form to the insurance company.
Are lawsuit settlements taxable? ›
The general rule of taxability for amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61 that states all income is taxable from whatever source derived, unless exempted by another section of the code.
Where do you itch with lymphoma? ›Cytokines can irritate nerve endings in the skin, which can in turn cause persistent itching. Many individuals experience this itchiness in their hands, lower legs or feet, while others feel it throughout their entire body. Patients often report that the itching tends to worsen while they are lying in bed at night.
What is the main cause of lymphoma? ›The cause of lymphoma is unknown. It is more common in people who: have a weakened immune system from conditions such as an inherited immune disorder, an autoimmune disease or HIV infection or AIDS. take medicines that suppress the immune system after having an organ transplant.
Where do you feel lymphoma pain? ›The most common symptom of Hodgkin lymphoma is a swelling in the neck, armpit or groin. The swelling is usually painless, although some people find that it aches. The swelling is caused by an excess of affected lymphocytes (white blood cells) collecting in a lymph node (also called lymph glands).
Who gets lymphoma the most? ›Unlike most cancers, rates of Hodgkin lymphoma are highest among teens and young adults (ages 15 to 39 years) and again among older adults (ages 75 years or older). White people are more likely than Black people to develop non-Hodgkin lymphoma, and men are more likely than women to develop lymphoma.
What organs does lymphoma affect? ›Non-Hodgkin Lymphoma (NHL) Is a type of cancer that generally develops in the lymph nodes and lymphatic tissue found in organs such as the stomach, intestines or skin. In some cases, NHL involves bone marrow and blood.
What is the most common early symptom of lymphoma? ›The most common sign of lymphoma is a lump or lumps, usually in the neck, armpit or groin. These lumps are swollen lymph nodes, sometimes known as 'glands'. Usually, they're painless. Fatigue is different to normal tiredness.
Who won the Roundup lawsuit? ›(Reuters) - Bayer AG has won its fifth consecutive trial over claims that its weedkiller Roundup causes cancer, the company announced Thursday. A jury returned the verdict in favor of the company in St. Louis, Missouri state court after a month-long trial involving three plaintiffs.
Is Roundup still harmful to humans? ›Human Health
EPA scientists performed an independent evaluation of available data for glyphosate and found: No risks of concern to human health from current uses of glyphosate. Glyphosate products used according to label directions do not result in risks to children or adults.
First, binders such as humic or fulvic acid and chlorella may bind to glyphosate in the GI tract and help remove it. Second, nutrients can help support the detoxification system, particularly the liver, to help the body better process the chemical.
What foods have the most glyphosate? ›
| Crop | Annual average (Lbs. Glyphosate) | |
|---|---|---|
| Almonds | 2,100,000 | 95 |
| Apples | 400,000 | 70 |
| Apricots | 10,000 | 80 |
| Asparagus | 30,000 | 70 |
Because neurotoxins are toxic to the nervous system, exposure to Roundup may damage nerves. Review your exposure to Roundup weed killer with a healthcare professional who can test for damaged nerves and help determine the cause.
Is Roundup still toxic after it dries? ›The risks are much greater once it dries, and since it has a half-life of up to 197 days, the dangers of the dried chemicals becoming airborne, particularly on sports fields and in high-traffic areas, are significant.
Is Roundup still on shelves? ›Fill out the form below for a fast and FREE review of your case, and get the best options for getting the help you need now! How would you like us to contact you? Roundup is still being sold because the U.S. Environmental Protection Agency (EPA) has not found the active chemical, glyphosate to be harmful to humans.
Do Cheerios have Roundup in them? ›Cheerios and many other cereals and grain-based products contain small amounts of an herbicide called glyphosate. It's one of the main ingredients in the widely used weed killer Roundup, and it's been the subject of considerable debate among health experts about whether it is carcinogenic.
Do Oreos have Roundup in them? ›Even more alarming, Cheerios and its similarly popular food friends, Oreos and Doritos, also contains glyphosate residue. What is Glyphosate?
Are Quaker Oats sprayed with glyphosate? ›In the first round of EWG tests, Quaker Old Fashioned Oats cereal was found to have the most glyphosate per sample, with more than 1,000 ppb in two of three samples tested. In the second round of EWG tests, the highest level of 2,837 ppb was found in one sample of Quaker Oatmeal Squares breakfast cereal.
What can you lose in a lawsuit? ›What Assets Can Be Seized? Bank accounts, real estate, vehicles, boats, jewelry and just about anything of value could be seized by your creditors or an injured party if they win a lawsuit against you.
What is the best way to win a lawsuit? ›- Don't Litigate for Spite or Revenge. Definitely don't make your litigation decisions for vindictive reasons. ...
- Seek Mediation Instead of Litigation. ...
- Be the Master of Your Case. ...
- Listen to Your Advisers. ...
- Be Flexible.
Tobacco Settlement — $206 Billion
This included Philip Morris, R. J. Reynolds, Brown & Williamson, and Lorillard. The lawsuit was brought by attorneys general from 46 states to get compensation for all the money tobacco illnesses cost the state healthcare system.
What is the biggest lawsuit in the world Pfizer? ›
...
List of largest pharmaceutical settlements.
| Year | 2004 |
|---|---|
| Company | Pfizer |
| Settlement | $430 million |
| Violation(s) | Off-label promotion |
| Product(s) | Neurontin |
Pfizer promoted the sale of Bextra for several uses and dosages that the FDA specifically declined to approve due to safety concerns. The company will pay a criminal fine of $1.195 billion, the largest criminal fine ever imposed in the United States for any matter.
Who paid the largest criminal fine Pfizer? ›In one of the biggest fraud settlements in US history, Pfizer paid $2.3bn (£1.7bn) for false claims relating to now withdrawn Bextra pain medicine. Bextra was removed from the market in 2004. Pfizer Inc pleaded guilty to the charge in 2009.
How much will I get from the plaid settlement? ›All affected customers will be paid about $13.50 each.
What happens if you don't have the money to pay a lawsuit? ›If you don't pay what you owe right away, you will have to pay more. The creditor will get post-judgment interest on any part of the debt not paid back right away. If you don't pay the creditor, they can take steps to collect the money from you. This is called enforcing the judgment.
What is the future of Roundup? ›In July of 2021, agrochemical giant Bayer announced that the company would stop selling their popular weed killer Roundup to residential consumers beginning in 2023.
Are they discontinuing Roundup? ›Bayer will stop selling Roundup for residential use in 2023, an effort to prevent future cancer lawsuits. The company has lost several significant lawsuits from plaintiffs who alleged glyphosate gave them cancer. The new decision is an attempt to minimize future liability.
Is the US banning Roundup? ›Roundup is banned in more than 20 countries because the herbicide has been linked to an increased risk of non-Hodgkin lymphoma and other types of cancer. Roundup is not banned in the United States, although some states have prohibited or restricted its use.
What is replacing Roundup? ›Organic Roundup alternatives include herbicidal soaps that use fatty acids to kill weeds and industrial vinegar, which contains much higher levels of acetic acid than what you have in your kitchen. Acid-based herbicides burn down some young weeds. Corn gluten meal can kill grass weeds and broadleaf weeds.
What countries do not use Roundup? ›The following countries have banned the use of Glyphosate:
Argentina; Australia (in some states); Belgium; Bermuda; Bahrain; Barbados; Brazil; Canada (8 out of 10 provinces); Colombia; Costa Rica; Czech Republic; Denmark; El Salvador; Fiji; France; Germany; India; Italy; Luxembourg; Malta; Netherlands; Oman; Qatar; St.
Is Roundup just vinegar? ›
Finally, I read the Roundup Advanced label and there is no glyphosate active ingredient listed, it's actually acetic acid. The active ingredient in Roundup Advanced providing “fast action, non-selective control and rapid burndown” was just good ol' vinegar.
Who bought out Roundup? ›It's been four years since Bayer bought Monsanto for $63bn careening almost immediately into three costly Roundup trial losses.
Can Roundup cause neurological problems? ›(Beyond Pesticides, August 30, 2022) Minuscule amounts of the weed killer Roundup and its active ingredient glyphosate can result in damage to the nervous system, finds research led by scientists at Florida Atlantic University, published in Scientific Reports.
Why is Roundup becoming less effective? ›Once thought of as a miracle product, overreliance on glyphosate has caused weeds to grow resistant to the chemical and led to diminished research and development for new weed management solutions, according to Bill Curran, president-elect of the Weed Science Society of America and emeritus professor of weed science at ...
Where is Roundup banned? ›Where is glyphosate banned? Glyphosate has been or will soon be banned in at least 10 countries, including Mexico, Germany, Saudi Arabia, and Vietnam, and at least 15 others have restricted its use, according to Human Rights Watch.
What foods contain glyphosate? ›The most well-known source of glyphosate is Roundup, a common trade name herbicide formulation by Bayer/Monsanto. Residues of this chemical have been found in consumer foods such as bagels, honey, flour, and infant formula.
What does glyphosate do to humans? ›People who breathed in spray mist from products containing glyphosate felt irritation in their nose and throat. Swallowing products with glyphosate can cause increased saliva, burns in the mouth and throat, nausea, vomiting, and diarrhea. Fatalities have been reported in cases of intentional ingestion.
Is Roundup made in China? ›Zimmer said Monsanto does not purchase glyphosate from China, nor does it produce glyphosate in China. “All our the Roundup that we supply to farmers in the United States comes from our two manufacturing facilities in Luling, La., and Muscatine, Iowa.