Roundup Litigation Update, February 2023

A new study confirming the link between glyphosate, the main ingredient in Roundup, and cancer recently appeared in the Journal of the National Cancer Institute.

Roundup/cancer lawsuits began in 2015, when the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate, as a probable cancer-causing agent. Since then, a study stream of additional research suggests Roundup exposure increases the risk of non-Hodgkin’s lymphoma and other cancers.

In the latest study, researchers with the National Cancer Institute and the U.S. Centers for Disease Control and Prevention (CDC) looked at data involving 268 male farmers, and evaluated their lifetime occupational glyphosate use, and compared the findings to male non-farmers. Urinary oxidative stress levels were higher among farmers after both short-term and long-term exposure to Roundup, when compared to non-farmers who were not exposed to glyphosate. This study could undermine a key Bayer argument in these lawsuits, which is that only long-term exposure to Roundup causes cancer.

“Our study contributes to accumulating evidence supporting the role of glyphosate in oxidative stress among humans and provides insights into potential mechanisms underlying previously observed associations with some hematopoietic cancers,” the researchers concluded.

What is the Average Payout for a Roundup Lawsuit?

In March 2022, Bayer agreed to pay $11 billion to settle about 98,000 lawsuits. That breaks down to an average settlement of between $110,000 and $160,000 per victim.

Why is the disparity of average settlement amount so great? The Roundup settlement features a detailed point-scoring system that places cases into different settlement tiers, based on the strength of claims and severity of injuries. The ranking system considers factors such as:

· Type of cancer,

· Exposure period,

· Treatment outcome,

· Victim’s age, and

· Estimated earnings capacity.

So, eligibility for a share of the settlement money doesn’t guarantee maximum compensation. An attorney must still advocate for victims to receive their greatest possible compensation in these situations, even though a victim compensation fund claim isn’t technically a legal claim.

This settlement only covers certain Roundup lawsuits. An estimated 38,000 current cases are unresolved, and more victims are still filing claims. So, if you were injured by Roundup exposure, it’s not too late to file a lawsuit and obtain a settlement.

This settlement compensates victims for their economic losses, such as medical bills, and their noneconomic losses, such as pain and suffering.

What is the Latest News on the Roundup Lawsuit?

After losing the first three bellwether trials, Bayer has won the last six such trials. Two others settled almost literally on the courthouse steps. Bayer, like most other defendants, settles cases it doesn’t think it can win and proceeds to trial if the evidence is weaker.

The exposure period is usually the key piece of evidence in these matters.

The greater the exposure period, the more likely it is that jurors will side with plaintiffs. Recently, the full 11th Circuit Court of Appeals agreed to review a panel decision that rejected Bayer’s federal preemption argument. This argument states that if the federal government declares a product is safe, which it has done with glyphosate, that chemical is safe as a matter of law, and victims cannot challenge that finding in court.

The Supreme Court refused to hear this appeal, and Bayer clearly hopes the full 11th Circuit will feel differently.

What is the Status of the Roundup Litigation?

Throughout 2022, Bayer lost the first three bellwether trials in a very dramatic fashion, lost two appeals, and agreed to create a huge victim compensation fund.

As 2023 begins six consecutive trial wins and two confidential settlements suggest that Bayer’s lawyers have, at last, developed a solid defense strategy. Furthermore, if the pending appeal goes Bayer’s way, and that’s a very big “if,” the effect could be a game-changer.

Roundup victims could be entitled to substantial compensation. For a free consultation with an experienced lawyer, contact Napoli Shkolnik.