Roundup Lawsuit

Since November, the Roundup MDL has seen 18 new cases added, putting the total count to 4,373 pending cases at the start of December.

In the first week of the month, a Chicago Roundup trial ended in a mistrial after the defense improperly referenced an unrelated, alcohol-related criminal charge against the plaintiff during cross-examination. The judge deemed the move as “serious misconduct,” criticizing the defense for introducing prejudicial evidence that is irrelevant to the case.

The plaintiff’s attorneys argued the reference unfairly tainted the jury and could not be remedied with a curative instruction. The judge agreed, warning the defense against further misconduct that might warrant sanctions or contempt.

A new study introduced early this month also reveals troubling links between glyphosate, Roundup’s active ingredient, and long-term brain damage. Researchers discovered that glyphosate and its metabolite persist in brain tissue, triggering inflammation, amyloid plaques, and tau tangles—key markers of Alzheimer’s disease. Mice exposed to glyphosate also showed heightened anxiety and structural brain changes, underscoring its role in neurodegeneration. This adds to growing evidence that chronic glyphosate exposure can severely impact neurological health, extending beyond previously known risks.

November 7, 2024

While the total number of claims filed in the Roundup multi-district litigation (MDL) has risen to 4,355, a number of plaintiffs have since dismissed their lawsuits against its manufacturer, Monsanto, with an agreement to not sue the company with the same claim. This development indicates a possible settlement.

A Philadelphia state court has awarded $78 million in damages to William Melissen, who claimed that his Non-Hodgkin’s Lymphoma diagnosis in 2020 resulted from over three decades of exposure to Roundup. Melissen attributed his condition to glyphosate, the herbicide’s primary chemical, which he encountered both professionally and personally from 1992 to 2020. The jury ruled in favor of Melissen against Bayer, assigning $3 million in compensatory damages for his suffering and an additional $75 million in punitive damages. This verdict underscores the ongoing legal challenges facing Bayer over the safety of its Roundup product.

September 16, 2024

Philadelphia’s sixth Roundup trial, Melissen v. Monsanto, began today following jury selection last week, with high hopes for a favorable outcome. This trial comes on the heels of a recent loss for Monsanto in Young v. Monsanto, where a Philadelphia jury cleared the company of liability for a plaintiff’s non-Hodgkin lymphoma, citing insufficient evidence to link Roundup to cancer. Despite this setback, plaintiffs have won three out of five trials in Philadelphia, achieving notable verdicts, including a $404 million judgment.

September 4, 2024

A Missouri appeals panel upheld a trial court victory for Monsanto in Moore v. Monsanto, agreeing with the exclusion of testimony from an unqualified expert. The court also found no grounds for a mistrial based on Monsanto’s opening statements and affirmed the decision to keep a juror with a past business relationship with the company. This recent string of favorable rulings for Bayer raises questions about whether the company will seek to settle ongoing lawsuits or risk further losses.

September 3, 2024

The Roundup MDL has 4,337 pending cases in federal court, which has remained largely stable for over three years. Monsanto has filed motions to exclude testimony from seven plaintiffs’ experts, with responses submitted by plaintiffs last Friday.

August 1, 2024

4,311 Roundup lawsuits remain active out of the 4,890 cases filed in the federal multi-district litigation in California. This number reflects a significant reduction from the peak of over 5,500 cases. The court intends to establish Wave 9, the final wave in the MDL, to handle the remaining cases. Any new cases filed after October 4, 2024, will go into sub-wave 9(e).

July 23, 2024

On July 8, 2024, the court’s order spurred responses from the involved parties regarding the proposal for Wave 9 in the ongoing MDL, marking the final wave. The MDL, initiated on October 6, 2016, has resolved or dismissed over 5,200 cases, with the current active cases numbering below 500, a significant decrease from the peak of over 5,500.

Key Points from the Status Report:

1. Wave Creation and Management: The court will establish Wave 9, the concluding phase of the MDL, to address the remaining cases. With Wave 8 currently managing around 377 cases divided into sub-waves, any new cases post-October 4, 2024, will be allocated to Wave 9(e).
2. Identifying Overburdened Plaintiffs’ Counsel: A critical issue raised by the court concerns whether plaintiffs’ attorneys are handling an excessive caseload. The attorneys argue that evaluating their workload requires in-depth knowledge of each firm’s capacity and commitments, making a broad assessment impractical.
3. Settlement Program Termination: The Roundup counsel for plaintiffs suggests discontinuing the current settlement program in favor of a mediation program for increased negotiation flexibility. Conversely, Monsanto advocates for continuing the existing program.
4. Involvement in Daubert Motions: Plaintiffs’ leadership shows willingness to engage more in MDL-wide Daubert motions but emphasizes the need for additional leadership firms if this role expands. Concerns revolve around the substantial workload without a current MDL fee.
5. Calling General Causation Experts: A dispute arises regarding the plaintiff in the Beckfield case’s ability to call general causation experts. Monsanto argues for limited use based on specific Wave 4 disclosures, while plaintiffs push for broader rights to call designated experts.
6. Hochstein Case Resolution: The Hochstein case has reached a resolution and will be dismissed once the settlement is finalized.

These developments mark significant progress in the MDL proceedings, shaping the path forward for the final wave and the management of remaining cases. Stay tuned for further updates on the ongoing litigation.

July 11, 2022

In a recent development, an Oregon appellate court has overturned a lower court’s decision to exclude crucial expert testimony in a lawsuit against Monsanto Company.

The plaintiff, who initially faced a verdict favoring the company, successfully argued that the exclusion of Dr. Charles Benbrook’s expert testimony on EPA regulations was erroneous and prejudiced the case. Dr. Benbrook’s expertise in agricultural economics and pesticide regulation was deemed vital in clarifying the complexities surrounding the EPA’s pesticide regulatory framework and cancer risk assessment process, countering Monsanto’s safety defense based on EPA approval of Roundup’s labeling.

Additionally, the appellate court rejected Monsanto’s argument that FIFRA preempted state law claims, emphasizing that the EPA’s labeling approval did not nullify state requirements for cancer warnings. This decision signifies a significant win for the plaintiff and underscores the importance of expert testimony in such complex legal proceedings.

June 5, 2024

A judge at the Philadelphia Court of Common Pleas has recently revised the verdict in McKivision’s case, reducing it from $2.25 billion to $400 million.

June 3, 2024

Following a slight decrease in size last month, the Roundup MDL has experienced a minor uptick in May. In the past 30 days, 6 new cases have been added, bringing the total number of cases in the multi-district litigation to 2,285.

May 10, 2024

The legislation aimed at shielding Bayer from cancer-related lawsuits linked to its weedkiller, Roundup, advances in the Missouri General Assembly. Sponsored by Representative Dane Diehl, R-Butler, House Bill 2763 gained approval in the Missouri House on April 24 with a vote of 91-57. Following a public hearing in the Senate Agriculture, Food Production, and Outdoor Resources Committee on April 30, a scheduled Senate committee vote on HB 2763 was postponed and awaits rescheduling.

May 9, 2024

In a recent federal court filing, a New York plaintiff joined the multidistrict litigation (MDL) against Roundup, alleging a diagnosis of NHL (non-Hodgkin lymphoma) resulting from Roundup exposure. The plaintiff used Roundup for weed control along his driveway and property line from spring 2013 to summer 2023, adhering to safety guidelines. Diagnosed with non-Hodgkin lymphoma in July 2023, his case initiated in New York but will transition to the MDL in California, which consolidates all federal Roundup lawsuits.

May 2, 2024

Following a period of growth earlier this year, the Roundup multidistrict litigation (MDL) experienced a slight decrease. While over 100 new cases were added between January and March 2024, the MDL diminished by three cases in the last month, resulting in 4,279 pending cases currently.

April 29, 2024:

A new trial commenced today in St. Louis on behalf of three plaintiffs, marking another chapter in the ongoing Roundup litigation saga.

April 6, 2024:

A state court judge reduced a $1.56 billion jury verdict awarded to three plaintiffs in Missouri last November to $611 million. Despite the reduction, Bayer views this outcome positively, reflected in the surge of Bayer stock following the news.

April 5, 2024:

The Iowa Senate passed a bill offering legal immunity to agricultural chemical manufacturers from lawsuits alleging failure to disclose health risks, provided EPA labels are included. This move raises concerns about citizens’ rights to a jury trial and awaits further action in the Iowa House.

April 2, 2024:

A new client diagnosed with NHL in 2024 underscores the ongoing nature of Roundup litigation, highlighting the latency period between Roundup exposure and the onset of non-Hodgkin’s lymphoma. The influx of new cases reflects the enduring impact of Roundup exposure, even if Bayer were to discontinue the product.

April 1, 2024:

The Roundup MDL has seen a gradual increase in new cases, with over 100 Roundup cancer lawsuits transferred into the MDL since the beginning of 2024. The total pending cases in the MDL now stand at 4,281, signaling ongoing activity in the litigation landscape.

March 22, 2024:

Adding to the ongoing litigation, a Tennessee man has filed a lawsuit in the Roundup MDL, alleging personal injuries resulting from long-term exposure to Roundup. As a former farmer, he contends that his exposure to Roundup led to the development of non-Hodgkin’s lymphoma.

March 20, 2024:

Plaintiffs are appealing the defense verdict in Kline v. Roundup, focusing on three key points related to evidentiary exclusions and amendments, including limitations on scientific studies, admission of EPA findings, and orders regarding evidence timing and manner.

March 19, 2024:

Bayer announces exploration of alternatives to glyphosate, the key component in Roundup, amidst legal challenges and heightened risk of non-Hodgkin’s lymphoma. This strategic move aims to address legal liabilities and public concerns, potentially simplifying settlement negotiations.

March 14, 2024:

Bayer considers a Texas Two-Step bankruptcy strategy, signaling desperation amid ongoing litigation. This tactic aims to temporarily stall proceedings, influencing plaintiffs and their lawyers to be more flexible in settlement negotiations.

March 8, 2024:

A California plaintiff quits mid-trial, adding to mixed trial outcomes. While defense verdicts continue, weak cases persist, signaling potential for further billion-dollar verdicts if litigation prolongs.

Bayer’s CEO hints at exploring various strategies for resolving lawsuits, emphasizing thorough engagement with stakeholders and considering means for closure.

March 7, 2024:

A closer look at the Kline case reveals a surprising defense verdict in Philadelphia, prompting plaintiff appeals based on evidentiary issues.

March 5, 2024:

Monsanto secures its first victory in Philadelphia with a win in Kline v. Monsanto.

March 4, 2024:

A Roundup trial in Delaware ends in a mistrial, while another trial in Arkansas concludes in a defense verdict, highlighting Monsanto’s varied outcomes.

March 1, 2024:

Plaintiffs seek consolidation of Roundup cases in New Jersey state courts, aiming for an organized approach akin to federal MDLs, potentially expediting proceedings.

February 6th, 2024:

Opening statements were delivered in Cloud v. Monsanto in Delaware Superior Court, where a South Carolina groundskeeper’s family filed a wrongful death lawsuit alleging Roundup caused his non-Hodgkin’s lymphoma. With recent plaintiff victories and strong evidence of exposure due to the decedent’s occupation, this case holds promise.

February 5th, 2024

The 11th Circuit ruled in favor of a Roundup user, allowing a state failure-to-warn claim to proceed, dealing a blow to Bayer’s legal strategy. Bayer’s reliance on appellate outcomes faces scrutiny as litigation progresses.

February 4th, 2024:

New Jersey may emerge as a significant jurisdiction for Roundup lawsuits, with plans to coordinate trials in Atlantic County. Bayer’s headquarters in New Jersey could influence case filings and trial outcomes.

February 2nd, 2024:

Despite attention on state court trials, the Roundup multidistrict litigation (MDL) saw 26 new lawsuits filed last month. One new lawsuit involves a Sarasota resident’s wrongful death claim, alleging Roundup exposure led to lymphoma and eventual death.

February 1st, 2024:

Reuters highlights Bayer’s risky legal strategy, describing the litigation as a “bet-the-company” posture reliant on appellate rulings. Despite confidence in scientific defense, Bayer faces ongoing trial setbacks.

January 31st, 2024:

The average payout for the last six Roundup lawsuits that went to trial, with one resulting in a defense verdict, stands at an impressive $617,387,142.86.

January 1st, 2024:

The Roundup class action MDL in the federal court system, currently comprising just over 4,000 pending cases, experienced a break in the plaintiffs’ trial success streak.

In the recent Jones v. Monsanto case in San Benito County, California, the jury found no liability, snapping the plaintiffs’ five-trial winning streak. While acknowledging that not every case will result in a plaintiff victory, there is optimism for the upcoming trials this month.

December 19th, 2023:

A collective of environmental and farmworker organizations, relying on research conducted by the U.S. National Institutes of Health (NIH), has alleged that the U.S. Environmental Protection Agency (EPA) has permitted the ongoing utilization of the herbicide glyphosate, despite compelling evidence linking it to cancer.

The Center for Food Safety (CFS) has submitted a petition on behalf of multiple groups, contesting the legality of glyphosate’s registration in the United States.

This petition comes in response to an NIH study that identified genotoxic markers in male farmers who were exposed to elevated levels of glyphosate.

Glyphosate serves as the active component in the widely employed weed killer known as Roundup, and as far back as 2015, the World Health Organization cautioned that it is “probably carcinogenic to humans.”

Nevertheless, the EPA has refrained from taking action, citing a lack of a comprehensive human health assessment of glyphosate.

The coalition is advocating for the suspension of glyphosate’s use until it conforms to the necessary safety standards or is revoked under federal law.

Glyphosate is prohibited for household use in some countries and banned for public use in others.

Critics contend that the EPA has disregarded glyphosate’s detrimental effects in the past, thereby facilitating its widespread application.

December 6th, 2023: 

In another legal setback for Bayer, a Philadelphia jury recently ruled that the company must pay nearly $3.5 million to a woman who claimed her cancer resulted from using Bayer’s Roundup weedkiller.

The jury, after three weeks of trial and two days of deliberation, awarded $462,500 in compensatory damages and $3 million in punitive damages. This marks Bayer’s fifth consecutive loss in similar cases. Another trial is scheduled in Philadelphia next month, and the prediction is that the verdict may surpass the recent $3.5 million award.

Juries across 15 trials awarded victims slightly below $4.5 billion in total, yielding an average Roundup verdict of $300 million.

If this average is applied to the estimated 40,000 remaining cases, the potential cumulative payout could reach $12 trillion. It’s worth noting that this figure may be somewhat distorted due to trials involving multiple plaintiffs.

November 20th, 2023:

In a groundbreaking development for the Roundup litigation, a Missouri jury ordered Monsanto to pay over $1.5 billion in damages to three former Roundup users who claimed the weedkiller caused their non-Hodgkin’s lymphomas.

The state court awarded $61.1 million in actual damages and $500 million in punitive damages to each plaintiff. The lawsuit involved Valorie Gunther from New York, Jimmy Draeger from Missouri, and Daniel Anderson from California, all diagnosed with non-Hodgkin’s lymphoma.

The jury found Monsanto responsible for their injuries, citing inadequate warnings about Roundup’s dangers.

November 9th, 2023:

Monsanto is appealing a $175 million verdict in a Pennsylvania state court, alleging that the court unduly influenced the jury in a Roundup case.

The company claims the court coerced a consensus without informing parties, allowed prejudicial evidence, and excluded regulatory safety data on glyphosate.

Monsanto argues that the court unfairly pressured the jury to break a deadlock initially at 9-3. Additionally, Bayer, Monsanto’s parent company, is challenging the judge’s impartiality and has requested his recusal in a move seen as an attack on both the judge and the mass tort process in Philadelphia.

November 3rd, 2023:

In a California court case, a jury granted $332 million to Mike Dennis, who sued Monsanto, asserting that his cancer stemmed from prolonged use of the Roundup herbicide.

Mike Dennis, diagnosed with non-Hodgkin lymphoma in 2020, connected his illness to glyphosate, Roundup’s active component.

Despite being in remission, his condition remains incurable.

The jury found Monsanto liable for not warning about Roundup’s risks but sided partially with Bayer, Monsanto’s parent company, determining that the product’s design wasn’t faulty, and the company wasn’t negligent.

Mike Dennis was awarded $7 million in compensatory damages and $325 million in punitive damages.

Bayer plans to appeal the decision, alleging legal mistakes and an excessively high damage award.

October 30th, 2023:

In a significant legal outcome, a St. Louis jury granted a plaintiff $1.25 million in a case where he alleged that Monsanto’s Roundup was responsible for his non-Hodgkin lymphoma.

The jury’s decision was based on the finding that Monsanto failed to provide sufficient warnings about the potential risks associated with Roundup and its key component, glyphosate.

Furthermore, a separate Philadelphia jury recently handed Monsanto a substantial $175 million verdict in a lawsuit brought by a cancer patient who argued that the company inadequately informed consumers about the presence of carcinogenic substances in the weed killer Roundup.

This verdict concludes the first trial in Philadelphia involving tort claims related to Bayer’s flagship product.

October 2nd, 2023: 

In Australia, a significant Monsanto Roundup class action is currently underway, examining whether exposure to Roundup can lead to non-Hodgkin lymphoma. This trial, presided over by Justice Michael Lee in federal court in Melbourne, is unique because it does not involve a jury and aims to determine if Roundup causes cancer.

While the outcome won’t directly impact Roundup lawsuits in the United States, if the class action results in a substantial award and a product warning in Australia, it could have effects in the United States and beyond.

September 28th 2023:

The McCostlin case was dismissed today, marking Monsanto’s 9th consecutive victory. The trial judge did not find the plaintiff’s expert, Dr. Barry Boyd, sufficient in establishing a clear link between Roundup and the plaintiff’s NHL diagnosis.

This outcome reinforces the notion that Monsanto tends to avoid strong cases. However, the dynamics are expected to change next month in Philadelphia, where a substantial verdict or a significant confidential settlement is anticipated.

September 22nd 2023:

Dr. Donna Farmer, PhD., widely known as the face of Monsanto, testified in McCostlin v. Monsanto case today. Farmer admitted that studies suggesting the weedkiller’s impact on chromosomes were mostly conducted by independent researchers, while research claiming no chromosomal harm was largely funded by Monsanto.

September 19th, 2023:

Two trials for Roundup Lawsuits in St. Louis county are scheduled to begin in the coming months. Both cases revolve around plaintiffs who had used Roundup for more than a decade and subsequently received diagnoses of non-Hodgkin’s lymphoma.

Meanwhile, the Roundup MDL, which is centralized in the US District Court for the Northern District of California, is ongoing with more than 4,000 individual Roundup Lawsuits consolidated under its jurisdiction.

September 11th, 2023:

A trial in a Missouri state court is about to start opening statements, focusing on allegations that Monsanto’s Roundup herbicide is linked to cancer.

This trial is receiving considerable attention, given that previous trials have favored Monsanto’s stance, contending that the chemical glyphosate in Roundup is not a carcinogen and that the plaintiffs’ illnesses are attributed to other factors.

This trial is taking place in St. Louis County, where Monsanto had previously received a favorable defense verdict in a similar case. The recent ruling by the Missouri Supreme Court has amplified the importance of this trial. Some Roundup cases will continue to be heard in St. Louis City, and there is another trial scheduled for early October. Additionally, there is another Roundup trial slated for later this month in San Diego.

September 1st, 2023:

Monsanto has resolved more than 100,000 cases related to Roundup, resulting in payments of around $11 billion. This sum encompasses roughly 80% of the total Roundup claims that were submitted. However, a substantial 30,000 lawsuits remain unresolved, and this count is progressively increasing.

Notably, within the $11 billion settlement designated for prior cases, a fund of $2 billion has been allocated to address future legal actions.

August 17th, 2023:

Six plaintiffs filed Roundup lawsuits against Monsanto in St. Louis. Monsanto attempted to change the venue for five of the cases to St. Louis County as one of the injuries originated in Missouri. The circuit court initially denied their request. However, the Missouri Supreme Court ruled that, based on the state’s venue statute, the venue for these cases should indeed be moved to St. Louis County because the corporation’s registered agent was located there at the time of filing.

One of the cases will remain in St. Louis City due to a procedural error by Monsanto’s lawyers.

August 2nd, 2023

The New York State Attorney General filed a lawsuit against Bayer, accusing the company of deceiving consumers in New York by marketing Roundup as an environmentally safe weed killer despite knowing or should have known about its potential cancer risks.

In an unexpected development, Bayer has recently announced a settlement agreement for $6.9 million to resolve the case. The lawsuit was centered around allegations of violating New York laws pertaining to false and misleading advertising.

July 23, 2023

Monsanto is currently seeking to bar Dr. Ron Schiff, a key expert witness for the plaintiffs, from providing his opinion testimony.

Monsanto asserts that Dr. Schiff’s views regarding the connection between Roundup and cancer are founded on flawed methodology, making them unreliable and inadmissible.

Additonally, with the aim of changing the course of the litigation, the upcoming trials in Philadelphia regarding the Round up lawsuit are expected to provide a fresh start.

Scheduled to begin in Fall 2023, the trials will potentially yield outcomes similar to those seen in the MDL.

Philadelphia stands out as a jurisdiction recognized for its impartiality towards victims.

At present, the Philadelphia mini-MDL includes around 200 lawsuits related to Roundup and non-Hodgkin lymphoma.

June 12th, 2023:

The Arkansas Supreme Court recently denied Monsanto’s petition to reverse a ruling by a judge in Drew County, which requires Werner Baumann, the former CEO of Bayer, to appear in an Arkansas state court for a Roundup lawsuit.

June 16th, 2023:

Bayer CropScience LP and Monsanto Co. have reached a settlement of nearly $7 million with the state of New York regarding false and misleading advertising allegations related to Roundup.

Bayer was accused of making unsupported claims that Roundup products posed no harm to anything beyond weeds and did not endanger the health of animal wildlife.

Additionally, they claimed Roundup products were safer than dish soap, which was contradictory to prior statements.

May 16th, 2023,

In a significant update regarding Monsanto’s Roundup, the U.S. Supreme Court has decided not to intervene in a class settlement worth $39 million.

The settlement, which includes a substantial $14.4 million cy pres award, was challenged by an objector who claimed that the allocation of funds to charity deviated from compensating class members.

However, both the district court and the U.S. Court of Appeals for the Eighth Circuit had previously given their approval to the settlement.

The settlement emerged from allegations made by plaintiffs accusing Monsanto of deceptive practices concerning the health risks associated with the weed killer.

There are still thousands of Roundup cancer claims pending across the United States.

Roundup lawyers are still accepting claims for individuals who would like to go to trial or negotiate a settlement for these cases.

March 17th, 2023:

Monsanto requested the full Eleventh Circuit to affirm the dismissal of a lawsuit alleging that the company failed to warn about the health risks associated with Roundup.

The plaintiff, John Carson Sr., claimed that he developed soft-tissue cancer from using the weedkiller.

However, the district court initially dismissed the case.

Bayer then paid Carson, a doctor from Georgia, to appeal the case, leading to the Circuit Court flipping the verdict.

The full Eleventh Circuit has agreed to hear the case.

Monsanto argued that Carson’s claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act, which disallows state-law labeling or packaging requirements that are different from federal law.

Roundup Weed Killers, the popular herbicide manufactured by Monsanto, is the subject of Roundup lawsuits alleging non-Hodgkin’s Lymphoma, according to a 2015 report from the International Agency for Research on Cancer (IARC), a division of the World Health Organization.

Roundup Weed Killers is a herbicide that kills broadleaf plants and grasses when applied to the leaves of the plants.

Roundup is the world’s most widely used herbicide and the second-most popular weed killer for residential yards and gardens, according to National Geographic.

Introduced by Monsanto in 1974, Roundup’s popularity increased dramatically in the 1990s when Monsanto introduced “Roundup Ready” crops that were genetically engineered to resist the herbicide so that farmers could apply it liberally on entire fields.

BANNED!

The following countries have banned Roundup:

• Malta
• Sri Lanka
• Netherlands
• Argentina
• France

WARNING!

International Agency for Research on Cancer (IARC) links exposure to glyphosate to non-Hodgkin lymphoma.

Swedish study concludes exposure to glyphosate doubled risk of developing non-Hodgkin’s Lymphoma within less than 10 years.

Dr. John Franz, creator of glyphosate, introduced to National Inventor’s Hall of Fame.

American study of more than 3,400 farmworkers in Midwest found higher rates of non-Hodgkin’s Lymphoma associated with glyphosate.

Canadian Study found a dose response relationship between glyphosate exposure and non-Hodgkin’s Lymphoma.

Monsanto sales surge with new marketing strategy – genetically engineered seeds designed to tolerate Roundup, while weeds around them die.

Monsanto introduces Roundup with glyphosate.

DDT, a commonly used insecticide, is banned in the U.S.