Whenever a product liability claim is made against a company, its first instinct is to deny any wrongdoing. When those claims begin to multiply with numerous consumers filing civil lawsuits, it means the company has to respond or face years of expensive litigation with juries who most likely will rule against them.
Often, it’s the resolve of a group of plaintiffs that spurs a company into settlement talks.
Apparently, that’s what has happened with the announcement of the $7.25 billion Roundup settlement for current and future claims, offered by Monsanto.
It has been alleged that Roundup, which contains alleged cancer-causing ingredients such as glyphosate, is responsible for causing non-Hodgkin lymphoma (NHL). Bayer, the parent company that owns Monsanto, has disputed the evidence supporting that claim. However, that did not prevent the company from proposing this settlement fund.
“The proposed class settlement agreement, together with the Supreme Court case, provides an essential path out of the litigation uncertainty and enables us to devote our full attention to furthering the innovations that lie at the core of our mission: Health for all, Hunger for none,” said Bill Anderson, CEO of Bayer, on the company’s website.
“This litigation and the resulting cost underscore the need for guidance from the Supreme Court on clear regulation in American agriculture. The class settlement and Supreme Court case are both necessary to help bring the strongest, most certain, and most timely containment to this litigation.”
65,000 Plaintiffs
There are currently around 65,000 plaintiffs who have filed actions against Monsanto. In order to qualify for the settlement, plaintiffs must allege exposure to Roundup prior to February 17, 2026, and:
- Have a medical diagnosis of NHL now
- Receive a medical diagnosis of NHL before the end of a 16-year period following final approval of the agreement.
That would mean the settlement fund could be active for up to 21 years. Someone might have been exposed to Roundup but not yet developed health issues. It is also important to note that this settlement is in the proposal stage. It still has to be approved by the judge. Initially, Bayer will pay $500 million to go towards notifying all of those involved in class action suits.
Bayer has the right to withdraw from the settlement if enough participants drop out. The benefit for Bayer is that it prevents them from participating in numerous lawsuits around the country. It also means that anyone who accepts the settlement can’t take further legal action. Bayer also doesn’t have to admit any wrongdoing.
It is important to note a pending review from the U.S. Supreme Court that could limit future litigation.
This involves Bayer’s appeal that a federal law preempts state law failure-to-warn claims involving the Roundup label. There will always be some plaintiffs who will break away and want to continue with their lawsuit. They are entitled to that, but with the settlement in place, it might be more of a challenge to prevail.
For the plaintiffs, entering into the settlement provides them with a measure of closure. However, it doesn’t mean everyone will get the same lump sum payment. For instance, a younger person who is dealing with NHL might only receive $165,000, while someone over 70 might only get $10,000.
Even when a plaintiff opts into the settlement fund, they would benefit from hiring an experienced product liability attorney, as you’ll find at Frost Law Firm, PC. We have helped many clients cut through bureaucratic red tape to achieve a fast resolution that meets their needs.
If you’re part of the class action or have recently been diagnosed with NHL, we want to hear from you.
