September 18, 2019

Everything You Need to Know About the Roundup Lawsuit Settlement Talks

Roundup weed killer was originally developed in 1974 by Monsanto Inc., and later the rights to production were sold to Bayer in 2018. There have been over 18,000 lawsuits filed against Monsanto and Bayer because this weed killer is believed to cause a form of non-hodgkin lymphoma. There are many nurse attorneys and product liability attorneys involved with these lawsuits depending on the differing circumstances of the victims’ conditions and exposure to the chemical.

These lawsuits do not fit the norm when plaintiffs bring cases of this nature to the courts. Usually, in cases involving medical devices, settlements with drugs or pharmaceuticals, or other consumer products the manufacturer agrees to remove the product from the market to avoid future lawsuits or liabilities. In this case, Bayer has never suggested removing the product from the market, and they have even invested more than 5.6 million to develop an alternative to the main component, glyphosate.

Glyphosate and Its Dangers

Glyphosate is one of the most widely used herbicides in the US. It was approved for use in 1974. This chemical is used to kill both broad leafed plants and grasses, and it is used in agriculture, home lawn maintenance, and forestry. The U.S. Environmental Protection Agency (EPA) has found this chemical to be safe. This chemical has been tested in countries like the USA, Australia, Japan, and the European Union, and they all confirm that there is no evidence that glyphosate is harmful to the nervous system or the immune system in humans. These agencies also evaluated the ingredients with glyphosate in regard to the causes of cancer, and they determined that the chemical is not likely to be carcinogenic. However, later tests with WHO (The World Health Organization) and the International Agency on the Research for Cancer confirmed that glyphosate was carcinogenic and did cause cancer.

The dilemma with this particular case is that there is no direct link between non-hodgkin lymphoma and the use of the chemical glyphosate at this time. Doctors have noted several common risk factors that lead to a diagnosis of lymphoma, but they have no real knowledge of what actually causes this type of cancer. Non-hodgkin lymphoma can take up to 10 years to emerge in any given patient, and since there is no known cause the steps to litigation are unclear.

Status of Current Litigation

Roundup continues to be sold today, and Bayer has no intention of taking it off the market. The EPA certifies that there is no direct link to cancer, and they will not even permit a warning label to be placed on the product indicating that it might cause cancer.

On August 9, 2019, the New York Times reported that the total number of lawsuits charging that the use of glyphosate caused cancer had risen to 18,400, and over 1,300 lawsuits have been filed in California.

To this point, three juries have found in favor of the plaintiffs ruling the Monsanto should have provided a warning to the people who used it about the risk of cancer awarding them a final amount of 190 million dollars.

Most recently there was a rumor that Bayer, the owner of Monsanto, would agree to pay the over 18,000 plaintiffs a sum of 8 billion dollars to settle all the claims, but the mediator for Bayer has denied that this was ever offered. There was a trial set for August 19, 2019, in St Louis, but this has been rescheduled until January of 2020.

Final Thoughts

The case against Bayer regarding the chemical glyphosate and a related cause of cancer is confounded by the findings of the EPA, the underlying causes of non-hodgkin lymphoma, and recent rumors and speculations. At Cochran, Kroll and Associates, P.C. we are dedicated to keeping abreast of the developments of this litigation. If you have questions or concerns about this product and your health, contact our law firm at Cochranlaw.com or call 1-866-MICH-LAW (1-866-642-4529), and we will find the answers for you. There is no charge for the first consultation, and we never charge a fee unless we win your case.

Tristan is a professional writer and had careers as a teacher of English, school administrator, and as a broker in real estate sales. He has gained a great deal of legal experience through his service as the president of a teacher’s union, a member of the board for a real estate association, and as the chairman of the Government Affairs Committee for the real estate board of directors. Before beginning a full-time job as a freelance writer, he was the Executive Director of the Global Business Alliance for a local Chamber of Commerce and sat on the Government Affairs Committee for the Chamber.

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