Monsanto Roundup lawsuits have led Bayer to pay billions of dollars in settlement compensation payouts to victims and their families with non-Hodgkin’s lymphoma.
If you have a new Roundup herbicide non-Hodgin’s lymphoma cancer case, call a Roundup attorney. Not today. Right now. Because the statute of limitations may come upon you quickly. The statute of limitations is a harsh and unforgiving deadline that is near impossible to get around. You can call our Roundup lawyers at 800-553-8082.
Roundup Lawsuit Continues
But Roundup lawsuits continue to be filed. There are almost 4,000 lawsuits still pending in the Roundup MDL class action as of October 2021. in the MDL.
Some of these lawsuits are because Bayer could not reach an agreed-upon settlement amount with the victim. But new glyphosate victims are filing lawsuits all of the time and victims call my office every day.
Roundup Causes Cancer Years After Exposure
There are two reasons. First, Glyphosate-induced non-Hodgkin’s cancer does not develop overnight. You can develop cancer from Roundup more than ten years later. People who used Roundup years ago are now calling our Roundup lawyers to bring a claim.
Roundup Is Still on the Market
Second, I don’t think there has been a class action lawsuit in world history where the defendant paid $11 billion and keep the product on the market without a warning. That would seem insane, right? But that is exactly what is happening here. So more Roundup lawsuits will continue to get filed.
- Next herbicide up for a class action lawsuit: Paraquat
The Crux of the Roundup Litigation
A key ingredient in Roundup, glyphosate, is associated with several cancers, including non-Hodgkin’s lymphoma and hairy cell leukemia.
This concern has caused public outrage by consumers who have been using Roundup for years or even decades. Monsanto vigorously found the possibility that Roundup causes cancer. After Bayer purchased Monsanto, Bayer grabbed the torch of defending the safety of the produce.
Undeterred, lawyers filed thousands of lawsuits from victims who claim Roundup failed to warn of the possible risks with glyphosate and that the chemical ultimately caused their cancer.
In 2016, after cases began to pile up against the company, a federal judiciary panel created a Roundup MDL, which is a “sort of” class action of all the Roundup cases in federal court. This had the great benefit of allowing plaintiffs’ attorneys to work together to develop the facts and the science behind the glyphosate claims.
The first Roundup verdict came in August 2018 when jurors awarded a plaintiff with terminal cancer $289 million in damages to a groundskeeper exposed to glyphosate weed killer. The jury found that Roundup was a substantial factor in Dewayne Johnson’s Non-Hodgkin lymphoma. Importantly, $250 million of that award was punitive damages. What does that tell you? It tells you that the jury was angry.
That amount stunned everyone. Me included. Immediately, Bayer’s stock plummeted as the company began truly digesting, maybe for the first time, what the litigation exposure they had in these cases.
In February 2019, the first federal court case from the Roundup MDL went to trial and ordered Monsanto to pay out $80 million dollars. Only 3 months later, in May 2019, Monsanto was hit once again when jurors awarded a plaintiff with a staggering $2 billion dollars. Sure, some of these verdicts have been reduced. But the jurors are sending a loud message. This is how the mass settlement happened.
What Is the Average Settlement Payout for the Roundup Lawsuit?
The average settlement payout ranges from $125,000 to $175,000 depending on what deal individual lawyers negotiated. Wrongful death cases were worth more as are cases where there were not statute of limitations complications
Frequency, duration, and circumstances of her Roundup exposure are also relevant considerations in the points calculation to determine Roundup settlement amounts.
What Is Bayer's Latest Strategy on New Round Lawsuits?
Bayer has been arguing forever that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts failure to warn of the non-Hodgkin lymphoma risk of Roundup. The idea, in a nutshell, is that federal law prevents any state court claims.
No one is buying it. A few months ago, the 9th Circuit ruled that a Roundup plaintiff’s failure-to-warn claim was fully consistent with FIFRA. But Bayer is hoping against hope that the Supreme Court will take up the case.
What Happens for New Roundup Lawsuits?
The old Roundup lawsuits will settle and people should get their money in 2021 and 2022.
Our Roundup lawyers believe the MDL class action will continue for years to administer the federal Roundup cases. You can also expect more lawsuits in jurisdictions like California, Georgia, Illinois, and Florida in state court.
Our Roundup attorneys also believe that recently diagnosed NHL cases are likely to have higher settlement compensation payouts than older cases. Why? Clearly, Bayer knows of the risk of Roundup and it is making, we think, a very cold-blooded calculus that the lawsuits will be cheaper than the cost of giving up such a lucrative product. My prediction is the ultimate settlement amounts for newly diagnosed Roundup cases will be higher than the current Roundup settlements that are settling in the mid-$150,000 range.
The settlement of mass tort cases is a time-consuming process and COVID-19 has made it that much worse. When you would get your settlement payout is unknown.
No one knows the exact mechanism of how Roundup causes non-Hodgkin’s lymphoma. But our lawyers do believe that glyphosate and lymphoma studies show that glyphosate causes damage to the DNA of cells and alters the cell’s regulatory systems. This disturbs our body’s, normal physiologic response system and ultimately causes cell death and the formation of tumors. NHL is the one cancer that is best linked to glyphosate but there are likely many others.
What Other Cancers Could Be Caused by Roundup?
We do not know what other cancers could be caused by Roundup. What we do know is that when glyphosate in digested by animals, the chemical is excreted to some degree through the urinary system. So it is reasonable to suspect pieces of the urinary system (bladder, kidney, ureter) as possible Roundup-related cancers.
To be clear, our Roundup lawyers are not handling these claims, at least not yet.
For many of our clients in the settlement, it will hopefully be in 2021. Some of our clients have already received settlement compensation. Others will not get resolved in 2022. There are some issues that need to be sorted out first.
What Are Roundup Settlement Points?
When most of the Roundup cases settled, how much money each victim received depended upon certain criteria designed to determine the severity of the injury and the strength of each Roundup lawsuit. So the settlement amounts were based on certain benchmarks. Each point has a certain value attached, say $400 a point. Points are “earned” for such factors as
- Scope of NHL treatment
- Age at NHL diagnosis
- Amount of Roundup exposure (groundskeepers and gardeners would, for example, see higher settlement amounts)
- Lack of risk factors for NHL
What Is Glyphosate?
Glyphosate is a colorless, odorless, crystalline salt is formulated by combining the deprotonated glyphosate acid and a cation (isopropylamine, ammonium, or sodium). Glyphosate is thought to be the chemical in Roundup that causes non-Hodgkin’s lymphoma. We know humans and animals absorb glyphosate because it can be found in blood and urine.
Is NHL a Common Type of Cancer?
According to the American Cancer Society, NHL is a relatively common cancer. There are approximately 75,000 new NHL cases reported every year in the United States Men are a slightly greater risk. The risk a man will develop NHL in his lifetime is about 1 in 41; for a woman, the risk is about 1 in 54.”