Our law firm handles Round-up cancer lawsuits. 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 have already received settlement checks in 2021. Many others will receive their Roundup settlement money later this year or in 2022.
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 a new litigation and settlement update on Monday, January 3, 2022.
What If You Were Not in the Roundup Settlement?
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 last 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 of 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.
If Bayer were to somehow win this appeal to the Supreme Court, it would effectively end the Roundup litigation. At this point, however, a Bayer victory on appeal is still very unlikely. The Supreme Court has not yet even agreed to hear Bayer’s appeal. The court simply requested a brief from President Biden’s Solicitor General, Elizabeth Prelogar.
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 and 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 Federal Insecticide, Fungicide, and Rodenticide Act (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.
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. It is much harder to prove a one-off claim like this one than more typical NHL where there are reams of medical literature that support the causation between more common forms of NHL and Roundup.
Meanwhile, there is a 5th virtual Roundup trial underway in California in San Bernardino County Circuit Court. The plaintiff, Donnetta Stephens, filed a Roundup lawsuit that tells the now-familiar story of non-Hodgkin's lymphoma after using Roundup. The trial is moving extremely slowly because... it is virtual and all of the hiccups and delays come with a virtual trial. It is also a long trial. Over 50 trials days as of November 28, 2021.
Plaintiff has closed her case and Monsanto is now putting on evidence. There will be a verdict soon. A large compensation award for the plaintiff would be a major event and have a meaningful impact on future Roundup settlement amounts.
Bayer may come to realize that $16 billion will not be enough to resolve the opt-outs and new Roundup cancer lawsuits that will continue to be filed.
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 cost 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 sought to settle these cases because juries were loudly telling them that Monsanto Roundup weed killer is a carcinogen that can cause cancer. These verdicts put the very existence of Bayer AG, a huge company, at risk.
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 that 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.
So many lawyers thought the Monsanto Roundup lawsuits might be a coin toss between Monsanto/Bayer and the victims. It has not turned out that way as the $2 billion jury verdict against Monsanto and the other two jury verdicts showed.
Jurors are screaming that these pesticides cause cancer. 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 cancer that can start anywhere in the body from white blood cells in the immune system. (For context, the American Cancer Society expects 74,000 Americans to be diagnosed with NHL in 2019.)
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, in particular, is positively 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 that 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 to this, 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 of 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.
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. 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.
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.
Roundup Settlement Latest News
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
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 on their home and occasionally at other properties. The husband developed large B-cell non-Hodgkin lymphoma and the wife was diagnosed with central nervous system lymphoma which later 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 against Monsanto.
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.
The global settlement has a tiered points system to determine settlement value. 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 lawsuit 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.
The average Roundup lawsuit payout for Round One settlements was in the $120,000 to $180,000 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
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 $10 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.
Bayer’s decision to pull the current glyphosate-based version of Roundup off consumer shelves in the U.S. (eventually and maybe, we should say) should make it much easier and faster to get a settlement in future Roundup cancer claims (assuming there is proof of causation).
Because Bayer could settle claims without worrying about protecting an existing product. Bayer’s decision could also increase the potential settlement value of future Roundup cases because it can be presented as an admission that glyphosate was harmful.
The Roundup Litigation 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 lawyers today at 800-553-8082 or get a free, no-obligation online case review. Our Roundup attorneys can give you the legal advice you need and our lawyers will help you in any way that we can.