Our law firm handles Round-up cancer lawsuits in all 50 states. Our lawyers continue to seek new Roundup lawsuits after the Roundup settlement.
Bayer/Monsanto reached an approximately $11 billion settlement with most plaintiffs. Approximately 80% of filed Roundup lawsuits have been settled. Some NHL victims received settlement checks in 2021 and 2022. Many others will receive their Roundup settlement money later this year as their Roundup settlement gets processed.
If you have not yet brought a Roundup cancer lawsuit, can you bring one? The answer is yes. The Roundup class action lawsuit continues and "Wave 3" Roundup suits are being prepared for trial. You can call our Roundup lawyers today at 800-553-8082 or get a free online consultation.Latest Roundup Lawsuit Update
If you have come for the latest Roundup news, this page was revised with new litigation and settlement Roundup lawsuit update on June 20, 2022.
What If You Were Not in the Roundup Settlement?
July 21, 2022 Update:Glyphosate is the active chemical ingredient in Roundup that has been linked to lymphoma and is now considered a human carcinogen. The CDC released the surprising results of study which found that 8 out of 10 people in the U.S. have glyphosate in their urine. The study tested urine samples from a group of participants designed to represent the U.S. population and found that 80% of the samples had trace amounts of glyphosate. The CDC indicated concern over the study results and suggested that additional research was needed. (If they are looking for a shortcut, there are many studies Roundup juries have seen that show the link between Roundup and NHL.)
July 8, 2022 Update: The prospect of future Roundup liabilities continues to case a shadow on Bayer in the eyes of investors. On June 21st, the Supreme Court formally declined to hear Bayer’s appeal that could have reversed the course of the Roundup litigation and ended any future liabilities. Since then, Bayer’s stock is down about 12% as investors are once again very concerned about how much the continuing litigation may end up costing the company. Even though glyphosate-based Roundup will be taken off the retail market at the end of this year, there could be thousands of former Roundup users who will be diagnosed with NHL and become Roundup plaintiffs over the next decade.
July 4, 2022 Update: A unanimous Ninth Circuit panel told the EPA to reconsider its conclusion that the weedkiller Roundup is free from "unreasonable risk to man or the environment.” The court agreed with environmental and food safety advocates that the EPA did not fully consider whether Roundup causes cancer. Importantly, the court pointed out that "most studies EPA examined indicated that human exposure to glyphosate is associated with an at least somewhat increased risk of developing NHL." This does not jive with the EPA's "not likely to cause cancer" conclusion.
Bayer's momentum from a few wins in recent Roundup lawsuits is now dead. History is not on the side of glyhosate.
June 23, 2022 Update: Bayer gets it fourth straight win in a Roundup lawsuit in \Oregon. Bayer's Roundup lawyers have made a lot of mistakes in this litigation. But this new settle the hard Roundup cancer lawsuits and try the claims that are difficult for plaintiffs is giving Bayer new, albeit artificial, momentum.
June 13, 2022 Update: The U.S. Supreme Court will decide this week whether to hear Bayer’s major appeal in the Roundup lawsuits. Last year, the the court postponed a decision on whether to hear the appeal to give the Biden administration an opportunity to weigh in on the issues. iden’s Solicitor General has filed a brief urging the Court to reject the appeal. So our Roundup lawyers are confident that the Supreme Court will to decline to hear the case.June 11, 2022 Update: Bad news. The jury found for Bayer in Shelton after 7 hours of deliberation yesterday. This is bad news. But, ultimately, it is important to keep in mind that Bayer is settling the cases it does not want to go to trial - like it did the last round of cases in St. Louis - and trying the cases that it should win. Even with that caveat, it is a tough loss for all plaintiffs with a pending Roundup lawsuit.
June 7, 2022 Update: The plaintiffs’ case in Shelton concluded last week. Monsanto's lawyers filed a motion for a directed verdict which says that even if you accept what the plaintiff's witnesses have said, the case should still be dismissed. These motions are commonly filed by defendants, and commonly denied, at the conclusion of the plaintiffs’ case. This motion was denied. On Wednesday, the Court entered an Order denying Monsanto’s motion to strike the testimony of the plaintiffs’ causation expert Dr. Kenneth Spaeth. Now Monsanto's lawyers will put on its defense, likely calling the usual cast of characters. More and more, it looks like Monsanto will let the jury decide Shelton but this decision is perplexing. Monsanto gains little with a win - they cherry-picket Sheldon to try - but a loss solidifies the view that these Roundup lawsuits cannot be defended.
June 4, 2022 Update: An administrative judge in Philadelphia ordered that 100 pending Roundup lawsuits be consolidated into a class action lawsuit. Judge Lysette Shirdon-Harris' order effectively creates a mini Roundup class action lawsuit in Pennsylvania.
How can Bayer/Monsanto be sued in state court? The Roundup lawsuits being filed in Pennsylvania name Philadelphia-based chemical maker Nouryon as a defendant. This is a very favorable jurisdiction for defendants, so much so that plaintiffs outside of Pennsylvania are joining this Roundup class action lawsuit
June 6, 2022 Update: We still do not have a verdict in the Roundup Sheldon trial in Kansas City. Last week, the defense team for Monsanto/Bayer filed several motions seeking to exclude certain evidence from the case. Specifically, the defense asked the court to strike the testimony of the plaintiffs’ expert on specific causation (Dr. Kenneth Spaeth). They 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.
June 2, 2022 Update: Former Monsanto CEO Hugh Grant much awaited testimony was given in Shelton last week. The most important concession from Mr. Grant was that Monsanto never bothered to do their own tests to see if there was a connection between Roundup and NHL or CLL.
May 11, 2022 Update: Big news yesterday. The Biden's administration asked the U.S. Supreme Court to reject Bayer's appeal that argued every Roundup lawsuit because it is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act. Solicitor General Elizabeth Prelogar wrote that the "EPA's approval of labeling that does not warn about particular chronic risks does not by itself preempt a state-law requirement to provide such warnings." The Supreme Court had asked the administration if it believed the Supreme Court should hear Bayer's appeal. This is a huge win for plaintiffs.
May 4, 2022 Update: If Shelton v. Monsanto does go to trial, former Monsanto CEO Hugh Grant will be required to testify, over Bayer's objections. This would be the first Roundup lawsuit to go to trial outside of California.
May 6, 2022 Update: Although Bayer has already settled about 75% of the Roundup NHL cancer lawsuits, there are still over 30,000 Roundup cases pending across the country. The Roundup cases in federal court are on pause pending the outcome of Bayer’s appeal to the Supreme Court. Meanwhile, however, plaintiffs with Roundup lawsuits in state courts are pressing ahead.
This week in Kansas City, Missouri, we will get our first mainstream Roundup trial since 2019 when a series of massive verdicts in the initial Roundup bellwether trials effectively forced Bayer into settlement mode. The trial is already underway and is expected to last 3 weeks. The former CEO of Monsanto, Hugh Grant, is scheduled to testify after losing an appeal to block his testimony.
May 1, 2022 Update: The next Roundup lawsuit to go to trial will be in Missouri later this week. But our lawyers expect Bayer will settle before letting another Roundup lawsuit go to trial. This is exactly what happened last month in St. Louis (see our April 13th update below).
April 29, 2022 Update: The Round MDL judge indicated that he is prepared to approve a proposed settlement of the Roundup consumer class action cases alleging that Monsanto illegally marketed Roundup without providing cancer warning labels. (Our lawyers talk more about his lawsuit in our February 3, 2022 update below.)
The pending settlement will establish a $45 million fund to resolve these class actions. However, Judge Chhabria stated that he will not give final approval unless steps are taken to ensure that the settlement does not confuse potential class members that they will still have the right to file a Roundup cancer lawsuit if they develop NHL in the future. The judge fears victims will think accepting a Roundup settlement check for the consumer lawsuits will mean you cannot bring a claim if you later are diagnosed with cancer as the result of exposure to this pesticide.
Hopefully, this is a precursor to Bayer offering reasonable settlement payouts to the remaining victims to resolve the remaining glyphosate lawsuits.
April 13, 2022 Update: Bayer does not appear to be willing to let another Roundup lawsuit go to trial if the plaintiff has a reasonable claim. Last week, Bayer agreed to a settlement to resolve a group of Roundup lawsuits. This settlement allowed the company to avoid a trial set to start this week in Kansas City. Many of the remaining Roundup claims are pending in state court in Missouri.
April 10, 2022 Update: Much of the energy in the Roundup class action lawsuit is focused on whether the U.S. Supreme Court will hear Bayer's preemption appeal. The Supreme Court has asked the Biden administration to submit a brief with its position on whether the government believes every Roundup lawsuit should be preempted by the Federal Insecticide, Fungicide, and Rodenticide Act. There is speculation that the Solicitor General will file a response in the late spring. The position the Biden administration will take is anyone's guess. But it is hard to imagine a scenario where the Environmental Protection Agency - which reviews a pesticide every 15 years - will want to serve as police, judge, and jury on every lawsuit involving a pesticide.
March 23, 2022 Update: Bayer has appealed another Roundup verdict to the U.S. Supreme Court. Bayer filed a 43-page writ of certiorari to our high court regurgitating its preemption argument that has yet to gain traction with other courts. The argument is essentially that because the EPA has found Roundup safe, any Roundup lawsuit alleging Roundup causes cancer is preempted by the Federal Insecticide, Fungicide and Rodenticide Act, the federal statute that regulates herbicides and their labels. This appeal is of the $2 billion Roundup verdict that was later reduced to $86.7 million.
March 7, 2022 Update: There are now 4,005 cases remaining in the Roundup MDL. Increasingly, Roundup lawyers are bringing Roundup lawsuits in state court. Our Roundup cancer lawyers believe- and Bayer confirmed on an earnings call - there are approximately 31,000 Roundup lawsuits that have still not been settled. Some portion of these remaining Roundup cancer lawsuits may be time-barred by the statute of limitations. But many others are very viable lawsuits. Our lawyers continue to get new Roundup cases every week.
Bayer has set aside billions for Roundup settlements in the weed killer lawsuits that have not settled. Hopefully, Bayer will come back with larger settlement offers this year to resolve more of these remaining claims.
February 22, 2022 Update: Roundup lawyers are increasingly looking to press forward with claims in state court. Roundup lawsuits are increasingly being filed in state courts and plaintiffs' attorneys have been asking Judge Vince Chhabria to remand more cases back to state court. Too many Roundup victims have been waiting too long to get a trial date. Hopefully, more Roundup cancer lawsuits in state court will bring more timely justice.
February 17, 2022 Update: It is satisfying that Bayer's investors are blaming Bayer in a new class action lawsuit for deceiving investors on the NHL risk associated with Roundup. While Bayer knew that Roundup was even more dangerous than glyphosate, Bayer's CEO said on a conference call with investors that “there is no difference” between glyphosate and the Roundup formulation. It is hard to get excited by the investor lawsuit that is not about Roundup causing cancer and killing people but instead is about Round causing cancer and killing people which costs the investors money. But the enemy of my enemy... This Roundup lawsuit could also take another crack at pre-trial discovery of what Bayer knew about the harm caused by this weed killer.
February 3, 2022 Update: Bayer has reached a settlement on yet another Roundup class action lawsuit. Bayer agreed to a settlement amount between $23 million and $45 million to resolve a Roundup weed killer class action lawsuit that alleged that consumers have paid too much for Roundup because Bayer/Monsanto did not inform consumers of the cancer risk associated with this weed killer.
Why does this settlement matter? The payout is not large. But it is another sign that Bayer may be getting closer to throwing in the towel in the Roundup litigation and might be more amenable to a global settlement to resolve the remaining cancer lawsuits against it.
January 3, 2022 Update: There are now 3,989 lawsuits pending in the MDL class action lawsuit in California. An estimated 20,000 to 30,000 Roundup lawsuits remain throughout the country, many of which are in state court.
December 28, 2021 Update: Bayer stock has been falling the past few years and the purchase of Monsanto. The liability in the Roundup lawsuits that led to an $11 billion settlement is the primary cause. In Germany, where class actions lawsuits are rare, there is a new $1.1 billion lawsuit against Bayer making the same core complaint as Roundup victims: Bayer deceived plaintiffs about whether Roundup causes non-Hodgkin’s lymphoma. This time, instead of NHL cancer victims, it is investors making the same argument. Had Bayer been honest about NHL and Roundup, plaintiffs claim they would have changed their investment decisions because of the cost the Roundup lawsuits have taken on the company. More than 250 investors have joined this new class action lawsuit against Bayer. This may be a necessary push to get Bayer to offer more reasonable Roundup settlement amounts in Phase 2 of this litigation.
December 18, 2021 Update: On Monday, the Supreme Court asked the Biden administration to “file a brief in this case expressing the views of the United States" in Bayer/Monsanto's appeal of a $25 million verdict in the Roundup lawsuits. Monsanto took this news with glee, announcing it was halting further Roundup settlements pending the outcome of the appeal.
Bayer’s long-shot hope for avoiding future liability on Roundup cases has been this appeal to the U.S. Supreme Court in the Hardeman case. Hardeman was awarded $25 million in damages after one of the first Roundup trials. Bayer has subsequently appealed that verdict arguing that the Roundup lawsuits should be legally precluded because federal regulators approved the product label on Roundup which did not contain a cancer warning.
The Ninth Circuit Court of Appeals flatly rejected Bayer’s federal preemption argument and upheld the Hardeman verdict. Now Bayer has filed a Cert. A petition asking the U.S. Supreme Court to hear the case and overrule the decision of the Ninth Circuit. The SCOTUS appeal is considered a legal long-shot, the odds of the court even agreeing to hear the case is small. Why do our Roundup lawyers believe the chance of Supreme Court review is small? The key Supreme Court case on whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state law failure-to-warn claims found that it does not.
It seems highly unlikely that the Biden administration would support Bayer’s position in this appeal. Supporting Bayer’s argument and ending the Roundup litigation would be politically harmful to the Biden administration (or any president). Siding with a big, German chemical company at the expense of consumer health and safety would not be very popular.
So are we worried about a Supreme Court Roundup ruling? Lawyers worry about everything. But, again, the odds of the Supreme Court overturning this Roundup verdict is low.
December 13, 2021 Update: The 4th jury trial in the ongoing Roundup litigation ended last week in a defense verdict for Bayer. The trial in Donnetta Stephens v. Monsanto was tried via Zoom because of California’s continuing COVID restrictions. The result was a disjointed and awkward proceeding that took nearly 3 months to complete. The trial was continuously plagued by technical difficulties. In the end, the jury found that the plaintiff’s use of Roundup was not the cause of her cancer.
Our Roundup lawyers are admittedly disheartened by the first loss in a prototypical Roundup case where the victim claims her non-Hodgkin's lymphoma was caused by the pesticide. For sure, Bayer's lawyers will now think they now cracked the secret sauce to defend a Roundup NHL lawsuit. But this online trial is such a one-off it is hard to give it much precedential value to this lawsuit in terms of calculating future settlement amounts for a Roundup lawsuit.
December 5, 2021 Update: Bayer's appeal of a $25 million Roundup payout is now on the United States Supreme Court's December 10, 2021 conference calendar. Bayer contends that the FIFRA preempts state law failure to warn of the risk of cancer claims. (The prediction here is that the Supreme Court refuses to hear the case.)
November 28, 2021 Update: The California Supreme Court court rejected last week Bayer's attempt to reverse an $86.2 million compensation award to a couple who both developed cancer after using Roundup. This is a big win that keeps the moment flowing with victims as the Roundup litigation continues to move into the post-settlement phase with new Roundup lawsuits being filed every week.
November 26, 2021 Update: Regulators, at least those in Europe, are starting to catch on to the idea that the literature supporting the safety of pesticides like Roundup is mostly garbage. Only two of eleven studies given to EU regulators were found to be reliable.
November 18, 2021 Update: Bayer won its first trial in Roundup in a case in California state court alleging that a child's rare form of non-Hodgkin's lymphoma was caused by his mother's use of Roundup in her garden. The jury found that the child's exposure to Roundup was not a substantial cause of his cancer. This is the 4th Roundup trial and the first time Bayer has won a defense verdict. (2022 Update: it is worth mentioning that even after Bayer won this case at trial, it paid a confidential settlement amount to the victim. Ironically, Bayer is willing to pay a settlement to secure its win.)
Does this change the expected Roundup settlement amounts for the 25,000 who opted out of the $10 billion Roundup settlement or newly filed Monsanto weed killer lawsuits? No. The child in this case tragically developed Burkitt's lymphoma, a rare form of non-Hodgkin's lymphoma. A tragic case but it was a stretch to argue that the mother's Roundup exposure was passed to the child.
Bayer is under attack from all sides. Last week, a federal judge in California gave the green light for a class action lawsuit against Bayer filed by pension funds that sued Bayer for failing to understand the litigation risks when it purchased Monsanto. Specifically, the lawsuit claims that Bayer lied about investigating the litigation risk associated with Roundup and simply "accepted at face value Monsanto's characterization of its litigation risk."
Our Roundup lawyers provide more recent litigation updates below.
- More details about the Stevens Roundup trial
The Roundup NHL lawsuits will not stop coming. Our lawyers are still working with victims every day.
There is a long delay - possibly a 15-year lag - from exposure to cancer. And Bayer is still, inexplicably, selling the pesticide.
Can you still find a Roundup cancer lawyer after the settlement? Why have many Roundup lawyers stopped taking these cases? What is holding up the Roundup NHL settlements?
Our lawyers answer these and many other questions below. If you have a potential Roundup claim and have not yet called an attorney, this page will dig deep into where these cancer lawsuits will go and what you should do to bring a claim.
But the short answer is to call an attorney today and you can call us at 800-553-8082 or get a free, no-obligation online case review. Our law firm is taking calls from Roundup victims 24 hours a day. There are no attorneys' fees or costs unless you receive compensation.Why the Roundup Cases Settled and What the Settlement Means for the Future
Let's talk for a second about the global Roundup settlement. First, why did Monsanto agree to a settlement? Bayer offered settlement amounts e cases because juries were loudly telling them that Monsanto Roundup weed killer is a carcinogen that can cause cancer.
Bayer stuck its chest out too long and probably trusted its outside lawyers too much. The company even used the COVID-19 pandemic as a lever to try to pay the victims less. But, eventually, reason prevailed and the global settlement was reached. But our Roundup lawyers continue to get calls from victims every day. Because the Roundup weed killer cancer lawsuits are far from over. We are on to Round Two which may, as we discuss below, yield higher settlement amounts.What Is Roundup?
Roundup is the most widely used herbicide in the world as a weed-killer. It is used on lawns, gardens, parks, playgrounds, and more. More than $6 billion in revenue is generated every year for its manufacturer, Monsanto. Over 250 million pounds are sprayed each year by this weed and grass killer.
The problem with this weed killer is glyphosate, the main ingredient of this pesticide. Many scientists believe glyphosate causes an increased risk for the development of certain forms of cancer, including non-Hodgkin's lymphoma (NHL) and hairy cell leukemia. The World Health Organization (WHO) declared it a "probable human carcinogen" due to the ingredient glyphosate.
At first, the science behind this was unclear. Monsanto's lawyers hoped judges would seize on some scientists' belief that the long-term consequences of Roundup exposures are hard to quantify. The problem was that much of the conventional wisdom was science ghostwritten by Monsanto.
So many Roundup lawyers thought the Monsanto Roundup lawsuits might be a coin toss between Monsanto/Bayer and the victims. This was wrong. Dead wrong. Jurors awarded billions in the three cases that went to trial.
Jurors did not simply find for the plaintiff. They screamed that pesticides cause cancer and Monsanto did nothing. Their punitive damage awards show they are mad the weed killer is even on the market.
The most serious side effect of exposure to glyphosate is cancer - non-Hodgkin's Lymphoma (NHL), leukemia, and B-cell lymphoma (mantle cell lymphoma or MCL).
Farmworkers are said to be the most at-risk class for developing NHL, which is a cancer that can start anywhere in the body from white blood cells in the immune system. (For context, the American Cancer Society expects 80,000 Americans to be diagnosed with NHL in 2022.)
Certainly, anyone using this product is potentially at risk. But landscapers, gardeners, groundskeepers, and farmers are most likely to have the most significant exposure to these pesticides.
In September 2003, researchers conducted a study of 3,400 farmworkers in the Midwest. The Journal of Occupational and Environmental Medicine published an article questioning the safety of glyphosate, finding that higher rates of non-Hodgkin's lymphoma are associated with glyphosate exposure. That was 17 years ago.
A research article published in the International Journal of Environmental Research and Public Health focuses on systematic reviews and analysis of over 30 years of research on the relationship between NHL and occupational exposure to an agricultural pesticide. It found a "striking increase" in the incidence of non-Hodgkin lymphomas in the last 30 years.
Further, the article finds that farmers tend to have low overall mortality rates but high rates of some cancers, which the agrochemical exposure may explain. Most importantly, it confirms that glyphosate exposure is associated with a common sub-type of NHL, B-cell lymphoma.
In 2015, a report from the International Agency for Research on Cancer (IARC), a division of the WHO, finds glyphosate to be "probably carcinogenic" and causing cancer in lab tests on animals and damage to DNA in human cells.
Now keep in mind the source here. This is the WHO. It is not plaintiffs' lawyers with a financial incentive to blame these pesticides for cancer. The WHO has taken some hits for its handling of COVID. But it is still one of the most respected health organizations in the world.Monsanto Roundup Attorneys' Defense
In response, Monsanto/Bayer has trotted out Dr. Donna Farmer. Dr. Farmer has studied chemicals at Monsanto for over 20 years. She disagrees with these new findings on cancer risk and says that the chemical is safe. She accuses the WHO of cherry-picking the data and interpreting scientific studies differently than researchers who did the study. She might believe what she says. She is wrong.
Dr. Farmer says that glyphosate targets a particular enzyme in plants, which humans and animals don't have. Her long-term study shows that the chemical doesn't cause cancer.
Jurors in these cases overwhelmingly decided they did not believe Dr. Farmer's arguments that were adopted at trial by their experts.
- Monsanto help back the conventional wisdom on the connection between NHL and its pesticide for a long time by ghostwriting articles for "experts" who passed them off as their own. Do they still do this? Hard to say. But you have to wonder what motivates puff pieces like this, right? Would Bayer's PR Department write this any differently?
- That pesticides cause health complications is hardly a surprise. We are learning more about the harm these kinds of chemicals cause. The latest is Paraquat, a toxic chemical thought to cause Parkinson's disease.
The biggest news, of course, is the $10 billion Roundup settlement. This much anticipated and much-delayed settlement - settlements with various lawyers was years in the making.
Right now, victims are dealing with issues related to point allocations to determine the settlement amounts. The points system in the Roundup settlements is complicated and you will not get clear answers about how the Roundup point system works online. (Talk to your lawyer to clear up any confusion that you may have.)
But what if you still have a Roundup claim? But what happens now?
The Monsanto Roundup MDL class action lawsuit is still in place even though most victims have already received or will receive their settlement checks. This consolidated Monsanto Roundup lawsuits was consoldiated in 2016 in the federal court under Judge Vince Chhabria in the Northern District of California.
The Roundup MDL made it easier for NHL victims to file glyphosate cancer lawsuits and participate in future settlements, often with minimal effort required on behalf of the claimants. This is exactly what happened.
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.
The judge ultimately 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
Victims won and won big in the Roundup cases that have gone to trial in a way that exceeded even the most hopeful expectations. Juries are holding Monsanto accountable for the choices they made by awarding victims large awards that include punitive damages. The settlement value of the Monsanto Roundup lawsuits surged because these test jury trials resulted in massive verdicts for victims.
These are the three big Roundup verdicts:
- Johnson v Monsanto (August 2018) $289.2 million: A 46-year-old man groundskeeper for a San Francisco school district applied Roundup at school properties for years. He was diagnosed with non-Hodgkin’s lymphoma with large cell transformation. He called Monsanto after he was diagnosed with NHL with his concern that his cancer was caused by Roundup. He never got a return call. He says this is what led him to file a product liability suit against Monsanto. Following an 8-week trial in San Francisco County in California state court, the jury found that Monsanto was liable and awarded $289 million in total damages. The award included $250 million in punitive damages. The jury awarded punitive damages because they found that Roundup acted with conscious disregard for human health. The judge later capped the punitive damage award, reducing the total jury award down to $78.5 million.
- Hardeman v Monsanto (February 2019) $80.2 million: This was the first federal court case from the Roundup MDL to go to trial. Plaintiff, a 70-year-old male, and his wife lived in Sonoma County, California, on 56 acres that were used as an exotic animal refuge. Plaintiff began using Roundup products to treat poison oak, weeds, and overgrowth on his property in the 1980s and continued heavy spray activity through 2012. Three years later, he was diagnosed with non-Hodgkin lymphoma. The jury found that the weed killer was defective and awarded $80 million. Like the Johnson case, the award included a whopping punitive damages award of $75 million.
- Pilliod v Monsanto (May 2019) $2.055 billion: Plaintiffs were a husband and wife in their 70s from Livermore, California who used regularly used Roundup products in their home and occasionally at other properties. The husband developed large B-cell non-Hodgkin lymphoma. wife was diagnosed with central nervous system lymphoma that progressed to NHL. After weeks of trial in Alameda County, the jury entered a staggering verdict of $2,055,206,173, which included $2 billion in punitive damages.
Anytime you get a class action MDL involving a product like Roundup, the outcomes of the first initial trial are often used to negotiate a global settlement of all future suits. The initial Roundup trials resulted in a series of massive verdicts for the plaintiffs and that helped set the settlement amounts.
Let's look at the last Roundup settlement because the next round of settlements - if they happen - will likely take a similar path for larger settlement amounts.
The global Monsanto settlement has a tiered points system to determine settlement amounts. Each point in the settlement is worth a certain amount of money. The hope -- which will prove impossible -- is to distribute settlement proceeds among the victims as fairly as possible.
At the top tier on the point scale are NHL lawsuits in which the plaintiffs had extensive exposure to Roundup (e.g., landscapers, agricultural workers, and others who used Roundup every day for years) and were diagnosed with non-Hodgkins lymphoma.
At the lower end of the tiers will be cases where the plaintiffs had less exposure (e.g., homeowners who did not use Roundup every day) and other types of lymphoma or cancers less directly linked to Roundup. CLL settlements have mostly been in the lower tiers.
The average Roundup lawsuit payout for Round One settlements was in the $120,000 to $180,000 per person range. Again, we predict that new Roundup weed killer cancer lawsuits will have higher settlement compensation payouts.Can you still file a Roundup lawsuit after the settlement?
There are two kinds of Roundup lawsuits that have not yet been filed:
- Cases where the diagnosis of NHL or death was some time ago, and
- Newly diagnosed NHL cases (last three years)
It will be harder to find a Roundup lawyer for the cases that were diagnosed many years ago because of statute of limitations concerns. You should still try. But it will be harder.
But newly diagnosed cancer cases? Roundup cancer cases that have been recently diagnosed are still viable lawsuits.
Our Roundup lawyers believe new cases will probably have a much higher settlement value than the cases that settled. Why? Because Bayer will pay $11 billion to settle the case and then just keep on selling the product without a warning.
The Roundup settlement won't be admissible in future cases. But we all know the score. The optics are terrible for Bayer and juries will not change how they process this evidence. The sad reality is that Bayer probably makes more money continuing to sell Roundup and just paying off new claims.
The Class Action Roundup Lawsuit Will Continue
The take-home message is that newly diagnosed cancer cases from Roundup are viable claims even after this global settlement. But please, don't wait to take action. The statute of limitations may be closer than you think and you do not want to miss the deadline to file a Roundup lawsuit. If you have a claim, call a lawyer today. We would like you to call us, but, either way, call an attorney. Quick.
If you or a loved one has been newly diagnosed with cancer from these pesticides, call our Roundup attorneys today at 800-553-8082 or get a free, no-obligation online case review. Our lawyers can give you the legal advice you need and our lawyers will help you in any way that we can.