Most people who watch television and read the news are aware of the Round Up class action lawsuit. It was filed more than four years ago and there have been several updates since it became public information. To date, only five actual trials have been heard regarding the weed killer’s allegedly causing cancer. Three of these trials have been in favor of the plaintiffs while two have been decided in the defendant, Bayer’s favor. Right now, class action attorneys across the country are trying to sign the remaining victims to join the class action as it closes very soon.
Here, we’ll answer some of the pressing questions about the Round Up class action lawsuit. We’ll also do our best to provide a recent update on where the case stands today. If you have recently been diagnosed with non-Hodgkin’s lymphoma and feel that it was caused by Round Up, call us immediately. One of our class action attorneys can meet with you and review your case.
Why Was There a Class Action Lawsuit Filed Against Monsanto in the First Place?
The lawsuit against Monsanto, which has since been acquired by Bayer, was initially filed in early 2018. The first trial that was held as part of the class action was on behalf of plaintiff Dewayne Johnson, a groundskeeper in California. Johnson has used the product in his line of work for decades. He was diagnosed with non-Hodgkin’s lymphoma and had undergone several rounds of treatment prior to filing his lawsuit.
Johnson prevailed in his trial against Monsanto/Bayer and was initially awarded $289 million. Bayer filed an appeal on the damages part of the case and the award was reduced to $79 million. In two subsequent cases, Bayer was once again on the hook for close to another $80 million.
Brief History of the Round Up Class Action Lawsuit
Since the initial lawsuit was filed against Monsanto and Bayer, more than 124,000 individual cases have been filed. With so many plaintiffs in almost all fifty states, it made sense to convert the individual personal injury cases into a class action lawsuit. Once that happened, the floodgates opened and class action attorneys all over the country have been soliciting new plaintiffs. While the time to join the class action is coming to a close, there is still a small window for victims to contact a class action attorney and see if they have standing to sue.
As with any other class action lawsuit, there was an initial trial in California back in 2018 to determine liability on the part of Bayer. This was the Dewayne Johnson case. It was ultimately settled for $79 million. Two other California cases settled for about half that much in 2019. However, during the course of the class action lawsuit, two cases have been decided in favor of Bayer.
The crux of Bayer’s argument is that their product is safe for humans and that there is no scientific link between Round Up and non-Hodgkin’s lymphoma. In fact, the Environmental Protection Agency has agreed with them. According to the EPA, there is no significant link between Round Up and the types of cancers cited in the class action litigation. Furthermore, the EPA has argued that there was evidence proving that Round Up doesn’t prove cancer that the World Health Organization ignored.
The WHO, on the other hand, has argued from day one that Round Up’s active ingredient – a chemical called glyphosate – does indeed cause cancer. Some of the cancers that have been linked to Round Up include the following:
- Large B Cell Lymphoma
- Follicular Lymphoma
- Mantle Cell Lymphoma
- Burkitt Lymphoma
- Lymphoplasmacytic Lymphoma
- Mycosis Fungoides Lymphoma
The plaintiffs who have joined the class action lawsuit against Bayer have been diagnosed with one of these cancers. That does not mean that glyphosate doesn’t potentially cause other types of cancer.
Now that the window to join the Round Up litigation is closing, many people are getting frustrated with how long the case has been dragging on. Even President Biden is urging the matter to be resolved. When Bayer petitioned the Supreme Court to hear its claim that Round Up doesn’t cause cancer and there is no evidence linking their product to cancer, the Court turned to Biden and asked for his opinion. He recommended that the Supreme Court reject these requests. At his urging, the Court has denied both of Bayer’s requests thus far.
Didn’t the First Plaintiff Win Millions of Dollars a Few Years Ago?
When most people hear the words, “Round Up Class Action”, they point to an earlier news story about plaintiff Dewayne Johnson’s being awarded close to $300 million. What a lot of people don’t realize is that, months later, when Bayer appealed the decision in damages, the court agreed that the punitive damages assessed against Bayer in the Johnson case were extreme and unreasonably high. They were reduced to near nothing and the remaining judgment for $79 million included compensatory as well as punitive damages.
It Can Be Hard to Get All the Class Action Attorneys to Agree on Settlement Terms
One of the reasons why the class action lawsuit is still dragging on is that there are a lot of plaintiffs and class action attorneys involved. So far, Bayer and its defense team has not been able to convince all the attorneys involved in the case to accept a settlement. Many of these attorneys don’t feel the offer is high enough. They are also not willing to agree to let Bayer prevent future cases from being filed against the drug manufacturer. Given that there are more than 30,000 cases still pending, it is not clear whether the litigation will be settled anytime soon.
Contact Our Office and Speak with One of Our Class Action Lawyers Today
If you have recently been diagnosed with any of the lymphomas mentioned here, it’s in your best interest to call our office. You can come in and take advantage of your free, initial consultation. Find out if you have standing to join the Round Up class action lawsuit. Come in and meet with one of our class action attorneys today.