Roundup Future Unclear As U.s. Judge Rejects Bayer's $2b ... in Cary, North Carolina

Published Oct 14, 21
4 min read

Who Can File A Roundup Weed Killer Cancer ... in Independence, Missouri

Judge Has Questions About Bayer's $2 Billion Roundup ... in Independence, MissouriRoundup® Weed Killer Class Action - Wagners Law Firm in Independence, Missouri

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. In response to this, Monsanto/Bayer has trotted out Dr.

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Dr. Farmer has studied chemicals at Monsanto for over 20 years. She disagrees with these new findings of a 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 actually did the study. Dr. Farmer says that glyphosate targets a particular enzyme in plants, which humans and animals don't have.

Jurors in these cases overwhelmingly decided they did not believe Dr. Farmer's arguments that were adopted at trial by their experts. 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.

Roundup Weed Killer Lawsuit - Cancer Risk - Seeger Weiss Llp in Independence, Missouri

This much anticipated and much-delayed settlement - settlements with various lawyers, actually - was years in the making. Right now, victims are dealing with issues related to point allocations to determine the amount of their settlements. The points system in the Roundup settlements are complicated and you will not get clear answers about how the Roundup point system works online.

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This is the same class action that was formed five years ago in October 2016, when a federal judiciary panel created a new Multi-District Litigation (MDL) for the Roundup cases (the "Roundup MDL"). This consolidated Monsanto Roundup lawsuits in the federal court under Judge Vince Chhabria in the Northern District of California.

This is exactly what happened. Although Bayer has settled thousands of Roundup lawsuits over the last year, there are still many pending 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 cases are due by mid-September 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).

After Court Rebuff, Bayer Tries New Paths To Resolve Roundup ... in Independence, Missouri

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.

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.

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.

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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.

But it wants to account for future 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. 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.

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.