May 2022 Update
The Biden administration urged the United States Supreme Court to reject an appeal by Bayer of a California case of Edwin Hardeman who was awarded $25 million dollars. This could clear the way for potentially BILLIONS of dollars in lawsuits. “Approval of labeling that does not warn about particular chronic risks does not by itself preempt a state-law requirement to provide such warnings,” US Solicitor General Elizabeth Prelogar said in a brief filed with the court on Tuesday, May 10, 2022.
November 2021 Update
Although Bayer has settled thousands of Roundup lawsuits over the last year, there are still many pending week killer lawsuits. To expedite the resolution of these remaining Roundup suits, the MDL judge ordered both sides to prepare a group of 220 “Wave 4” cases for trial. Fact sheets from the plaintiffs in these lawsuits were due this fall and the expert discovery deadline has been set for May. So we should see the first group of trials by next summer (unless Bayer gets them settled first). Our lawyers predict Bayer will settle these claims before any more trials but this remains to be seen.
August 2021 Update
Bayer announced that it will be pulling the traditional glyphosate-based Roundup off the residential lawn and garden market effective January 2023. The “old Roundup” will be replaced by a new version of Roundup that does not use glyphosate, the active ingredient that has been linked to non-Hodgkin's lymphoma. A spokesperson for Bayer acknowledged that the decision was aimed at managing future litigation risks, but denied that this was effectively a safety recall.
Shortly after announcing the decision to eliminate the current version of Roundup from the consumer market, Bayer issued quarterly financial statements which advised investors that the company was setting aside $4.5 billion to cover future Roundup lawsuits. The latency period between use and exposure to glyphosate in Roundup and the development of NHL can be years or even decades. This means that Bayer will likely be paying out on Roundup cancer claims for at least the next 10 years.
After rejecting the Roundup settlement for future claims, the judge in the Roundup MDL continues to push both sides to negotiate a new settlement arrangement. On July 23 he ordered all plaintiffs to participate in a settlement mediation. Judge Chhabria also indicated his intent to push ahead with more test trials and a conference for August 18 to set a trial schedule. Given the disastrous results for Monsanto in all of the test trials to date, this appears to be a not-so-subtle threat to push the company into resolving the settlement impasse.
Meanwhile, a large portion of the $10 billion settlement has effectively been finalized already. Bayer has been continuing to settle out large groups of cases (that are now placed on the inactive docket pending settlement) as originally agreed under the non-controversial part of the $10 billion settlement. Only those existing claims that have not yet been settled out and future claims (which continue to get filed) remain unresolved.
August 2021 Update
Bayer wants to keep Roundup on the market for the foreseeable future and it does not want to add a warning of Roundup's cancer risk. But it wants to account for future Roundup glyphosate cancer lawsuits alleging this pesticide causes cancer. So Monsanto reached a settlement with a complex scheme -- and unfair in our lawyers' opinion - to deal with future cases.
August 2021 Update
Monsanto's lawyers keep fighting. On August 15th, Monsanto appealed an $80 million verdict (later reduced to $25 million) to the United States Supreme Court after the verdict was affirmed by the 9th Circuit Court of Appeals.
On May 19, 2021, there was an MDL settlement hearing.
There is no longer doubt that judge has real problems with the settlement. The judge at first held up approving the Roundup settlement until the parties can work out a deal that resolves his concerns about future claims. What the judge was telegraphing he wants - and what Bayer desperately wants to avoid - is a strong warning that Roundup may cause NHL.
If a warning is placed on Roundup, Bayer will lose profit because sales will decline. Our law firm would also suffer because we would lose those future clients. Our lawyers continue to believe that potentially the largest settlements and verdicts will be people who get cancer after this settlement is reached.
But in terms of saving human lives, a strong warning on Roundup is the best solution and the only one that should matter. It might, serendipitously, be the best thing for Bayer because it would get even more dialed in to find a safe replacement for glyphosate which would be worth billions. It would also be the path to finalizing this settlement and saving Bayer from lawsuits that are an existential threat to the company.
In any event, on May 26, 2021, the judge rejected the future claims settlement and the future Roundup lawsuits.
So, thankfully, future Monsanto weed killer lawsuits not in the settlement are not impacted.
This whole drama underscores that Bayer does not need to recall Roundup. It just has to put an adequate warning of the cancer risk so people are apprised of the risk. The judge has said this explicitly. Now Bayer is reportedly considering it. How many lives could have been saved if they put a warning on Roundup a long time ago?
- Bayer's latest 5 Point Plan after the judge's ruling to decrease how much money it has to pay in Roundup settlements
How Do I Get a Roundup Lawyer?
If you or a loved one has been newly diagnosed with cancer from these pesticides, call our lawyers today at 1 (800) 799-7914 or get a free, no-obligation case review by contacting us. Our Roundup attorneys can give you the legal advice you need and our lawyers will help you in any way that we can.