McKay Law’s RoundUp Lawsuit Lawyers
McKay Law is eager to boldly fight and protect anyone who may be the victim of Roundup induced Cancer.
RoundUp Lawsuit Settlements Are Pending. Time Is Running Out to File a Claim.
Do NOT Wait. You May Be Eligible for Significant Money Damages.
Recently, a jury awarded RoundUp cancer victims $2,000,000,000 and Bayer announced it will pay over $10 billion to settle approximately 125,000 pending Roundup claims.Time is limited to join the Texas RoundUp lawsuit! If you or a loved one is suffering from Lymphoma after years of exposure to RoundUp weed killer, don’t delay. Fill out the form below for a FREE RoundUp claim review today!
RoundUp Cancer Lawsuit
Our law firm handles Round-up cancer lawsuits. Our lawyers are still seeking new cases even after the Roundup settlement.
Bayer reached an approximately $10 billion settlement last year with most plaintiffs. Many victims will hopefully be getting settlement checks soon. Many others will receive their Roundup settlement money in 2022.
If you have not yet brought a Roundup lawsuit, can you bring one? The answer is ‘Yes’.
If you have come here for the latest Roundup news, there is an August 1, 2021 litigation and settlement update below.
What If You Were Not in the Roundup Settlement?
The Roundup NHL lawsuits will not stop coming. There is a long delay from exposure to cancer. And Bayer is still, inexplicably, selling the product. Can you still find a Roundup cancer lawyer after the settlement? Why have many Roundup lawyers stopped taking these cases? What is holding up the Roundup NHL settlements?
Our lawyers answer these and many other questions below. If you have a potential Roundup claim and have not yet called a lawyer, this page will dig deep into where these lawsuits will go and what you can do to bring a claim.
But the short answer is call an attorney today and you can call us at 800-553-8082. Our law firm is taking calls from Roundup victims 24 hours a day. There are no attorneys’ fees unless you receive compensation.
The Roundup Litigation Will Continue
The take-home message is that newly diagnosed cancer cases from Roundup are viable claims even after this global. Don’t wait to take action. The statute of limitations may be closer than you think. If you have a claim, call a lawyer today. We would like you to call us, but, either way, call an attorney. Quick.
If you or someone you loved had/have cancer and have been exposed to Roundup, you still may be eligible to bring a lawsuit for money damages for the needless harm that has been done to you. Again, don’t sleep on your legal right to bring a claim for compensation. Call McKay Law’s RoundUp lawsuit lawyers at (903) 999-2653 or get a free case consultation.
Join Texas Roundup Lawsuit. Victims Awarded Over $2.35 Billion Dollars.
Why the Roundup Cases Settled and What the Settlement Means for the Future
Let’s talk for a second about the global Roundup settlement. First, why did Bayer agree to a settlement? Bayer sought to settle these cases because juries were loudly telling them that Monsanto Roundup weed killer is a carcinogen that can cause cancer. These verdicts put the very existence of Bayer AG, a huge company, at risk.
Bayer stuck its chest out too long and probably trusted its outside lawyers too much. The company even used the COVID-19 pandemic as a lever to try to pay the victims less. But, eventually, reason prevailed and the global settlement was reached.
What Is Roundup?
Roundup is the most widely used herbicide in the world as a weed-killer. It is used on lawns, gardens, parks, playgrounds, and more. More than $6 billion in revenue is generated every year for its manufacturer, Monsanto. Over 250 million pounds are sprayed each year.
The problem with Roundup is glyphosate, the main ingredient of this pesticide. Many scientists believe glyphosate causes an increased risk for the development of certain forms of cancer, including non-Hodgkin’s lymphoma (NHL) and hairy cell leukemia. The World Health Organization (WHO) declared it a “probable human carcinogen” due to the ingredient glyphosate.
At first, the science behind this was unclear. Many lawyers thought the Roundup lawsuits might be a coin toss between Monsanto/Bayer and the victims. It has not turned out that way as the $2 billion jury verdict against Monsanto showed. Jurors are screaming that these pesticides cause cancer. Their punitive damage awards show they are mad the weed killer is even on the market.
What Are the Side Effects of Glyphosate Use?
The most serious side effect of exposure to glyphosate is cancer – non-Hodgkin’s Lymphoma (NHL), Leukemia, and B-cell lymphoma. Farmworkers are said to be the most at-risk class for developing NHL, which is cancer that can start anywhere in the body from white blood cells in the immune system. (For context, the American Cancer Society expects 74,000 Americans to be diagnosed with NHL in 2019.)
Symptoms include anemia, chest pain, enlarged lymph nodes, and shortness of breath. Garden center employees are most at risk for developing leukemia after exposure, and symptoms of leukemia include chills, bleeding or easy bruising, fatigue, fever, severe infections, and recurring nose bleeds. Those at high risk for developing B-cell lymphoma are nursery employees, and the symptoms can include chills, an enlarged spleen, night sweats, pain/swelling in the head, and fever.
Certainly, anyone using this product is potentially at risk. But landscapers, gardeners, and farmers are most likely to have the most significant exposure to these pesticides
In September 2003, researchers conducted a study of 3,400 farmworkers in the Midwest. The Journal of Occupational and Environmental Medicine published an article questioning the safety of glyphosate, finding that higher rates of non-Hodgkin’s lymphoma are associated with glyphosate exposure. That was 17 years ago.
A research article published in the International Journal of Environmental Research and Public Health focuses on systematic reviews and analysis of over 30 years of research on the relationship between NHL and occupational exposure to an agricultural pesticide. It found a “striking increase” in the incidence of non-Hodgkin lymphomas in the last 30 years.
Further, the article finds that farmers tend to have low overall mortality rates but high rates of some cancers, which the agrochemical exposure may explain. Most importantly, it confirms that glyphosate exposure, in particular, is positively associated with a common sub-type of NHL, B-cell lymphoma.
In 2015, a report from the International Agency for Research on Cancer (IARC), a division of the WHO, finds glyphosate to be “probably carcinogenic” and causing cancer in lab tests on animals and damage to DNA in human cells. Now keep in mind that source here. This is the WHO. It is not plaintiffs’ lawyers with a financial incentive to blame these pesticides for cancer. The WHO has taken some hits for its handling of COVID but it is still one of the most respected health organizations in the world.
In response to this, Monsanto/Bayer has trotted out Dr. Donna Farmer. Dr. Farmer has studied chemicals at Monsanto for over 20 years. She disagrees with these new findings of a cancer risk and says that the chemical is safe. She accuses the WHO of cherry-picking the data and interpreting scientific studies differently than researchers who actually did the study.
Dr. Farmer says that glyphosate targets a particular enzyme in plants, which humans and animals don’t have. Her long-term study shows that the chemical doesn’t cause cancer.
Jurors in these cases overwhelmingly decided they did not believe Dr. Farmer’s arguments.
- That pesticides cause health complications is hardly a surprise. We are learning more about the harm these kinds of chemicals cause. The latest is Paraquat, a toxic chemical thought to cause Parkinson’s disease.
What Is the Status of Roundup Lawsuits?
The biggest news, of course, is the $10 billion Roundup settlement. This much anticipated and much-delayed settlement was over a year in the making. Our lawyers give the latest update on this settlement and when victims can expect their money above.
But what if you still have a Roundup claim? But what happens now?
Is There Still Roundup Class Action MDL Lawsuit After the Settlement?
In October 2016, a federal judiciary panel created a new Multi-District Litigation (MDL) for the Roundup cases (the “Roundup MDL”). This meant that all pending and future roundup lawsuits filed against Monsanto in the federal courts would be consolidated in the Northern District of California under Judge Vince Chabria.
Creation of the Roundup MDL marked a huge step forward for people who had lost a loved one or had terminal cancer or other injuries. The MDL was crucial for the settlement. Class action MDLs allow victims’ lawyers to share resources to further investigate these cases.
The Roundup MDL also made it easier for victims across the country to file lawsuits and participate in future settlements, often with minimal effort required on behalf of the claimants.
Now many Roundup cases have settled and settlement checks will be disbursed hopefully soon (if the court approves the settlement). Will the Roundup MDL disband after these settlements? That remains to be seen.
But if the MDL disappears, that does not mean victims cannot still bring their claims. There may be a new Roundup class action or these cases may proceed individually. Either way, if you have a viable claim, the Roundup settlement should not stop you from coming forward and seeking the justice you deserve.
Roundup Settlement Latest News
August 2021 Update
Bayer announced that it will be pulling the traditional glyphosate-based Roundup off the residential lawn and garden market effective January 2023. The “old Roundup” will be replaced by a new version of Roundup that does not use glyphosate, the active ingredient that has been linked to non-Hodgkin’s lymphoma. A spokesperson for Bayer acknowledged that the decision was aimed at managing future litigation risks, but denied that this was effectively a safety recall.
Shortly after announcing the decision to eliminate the current version of Roundup from the consumer market, Bayer issued quarterly financial statements which advised investors that the company was setting aside $4.5 billion to cover future Roundup lawsuits. The latency period between use and exposure to glyphosate in Roundup and the development of NHL can be years or even decades. This means that Bayer will likely be paying out on Roundup cancer claims for at least the next 10 years.
After rejecting the $10 billion settlement based on the controversial proposal for resolving future claims, the Judge in the Roundup MDL continues to push both sides to negotiate a new settlement arrangement. On July 23 he ordered all plaintiffs to participate in a settlement mediation. Judge Chhabria also indicated his intent to push ahead with more test trials and a conference for August 18 to set a trial schedule. Given the disastrous results for Bayer in all of the test trials to date, this appears to be a not so subtle threat to push the company into resolving the settlement impasse.
Meanwhile, a large portion of the $10 billion settlement has effectively been finalized already. Bayer has been continuing to settle out large groups of cases as originally agreed under the non-controversial part of the $10 billion settlement. Only those existing claims that have not yet been settled out and future claims (which continue to get filed) remain unresolved.
July 2021 Update: Bayer wants to keep Roundup on the market for the foreseeable future and it does not want to add a warning of Roundup’s cancer risk. But it wants to account for future lawsuits alleging this pesticide causes cancer. So Monsanto reached a settlement with a complex scheme — and unfair in our lawyers’ opinion – to deal with future cases.
The preceding link explains the scheme in the settlement.
Additionally, if the settlement is approved as is, a victim who is diagnosed just a day after the settlement was certified would be forced to accept:
- a four-year stay of proceedings (remembering many of the victims are dying),
- give a science panel authority to determine if Roundup causes cancer limiting the plaintiff’s ability to let a jury decide their case
- forgo a punitive damages claim (which have been huge in this litigation), and
- agree to a cap on compensatory damages
On May 19, 2021, there was an MDL settlement hearing. There is no longer doubt that judge has real problems with the settlement. The judge at first held up approving the Roundup settlement until the parties can work out a deal that resolves his concerns about future claims. What the judge was telegraphing he wants – and what Bayer desperately wants to avoid – is a strong warning that Roundup may cause NHL.
If a warning is placed on Roundup, Bayer will lose profit because sales will decline. Our law firm would also suffer because we would lose those future clients. Our lawyers continue to believe that potentially the largest settlements and verdicts will be people who get cancer after this settlement is reached.
But in terms of saving human lives, a strong warning on Roundup is the best solution and the only one that should matter. It might, serendipitously, be the best thing for Bayer because it would get even more dialed in to find a safe replacement for glyphosate which would be worth billions. It would also be the path to finalizing this settlement and saving Bayer from lawsuits that are an existential threat to the company.
In any event, on May 26, 2021, the judge rejected the future claims settlement and the future Roundup lawsuits. So future suits not in the settlement are not impacted.
This whole drama underscores that Bayer does not need to recall Roundup. It just has to put an adequate warning of the cancer risk so people are apprised of the risk. The judge has said this explicitly. Now Bayer is reportedly considering it. How many lives could have been saved if they put a warning on Roundup a long time ago?
Are the Victims Winning Roundup Cases?
Victims have won and won big in the Roundup cases that have gone to trial in a way that exceeded even the most hopeful expectations. The settlement value of the Monsanto cases surged because the Roundup test cases to go to trial resulted in massive verdicts in favor of the plaintiffs.
The first big Roundup verdict came in August 2018 when a jury in one of the Roundup cases in the California State courts awarded the plaintiff $289 million in damages (later reduced by the judge to $78.5 million).
In March 2019, another trial in California state court resulting in a staggering verdict of $2 billion, which included $1 billion in punitive damages. The results in these two state court cases were soon followed by the first case to go to trial in federal court which resulted in a jury awarding $80 million to a man who claimed the weed killer gave him non-Hodgkin’s lymphoma.
- Johnson v Monsanto (August 2018) $289.2 million: 46-year-old plaintiff was the former groundskeeper for a school district in the San Francisco Bay Area. As part of his job duties, the plaintiff applied Roundup products to school properties regularly for years. He was diagnosed with non-Hodgkin’s lymphoma with large cell transformation. He became one of the first plaintiffs to file a product liability suit against Monsanto. Following an 8-week trial in San Francisco County, the jury found that Monsanto was liable and awarded $289 million in total damages, which included $250 million in punitive damages. The judge later capped the punitive damage award, reducing the total jury award down to $78.5 million.
- Hardeman v Monsanto (February 2019) $80.2 million: This was the first Federal Court case from the Roundup MDL to go to trial. Plaintiff, a 70-year-old male, and his wife lived in Sonoma County, California, on 56 acres that were used as an exotic animal refuge. Plaintiff began using Roundup products to treat poison oak, weeds, and overgrowth on his property in the 1980s and continued heavy spray activity through 2012. Three years later, he got a cancer diagnosis of non-Hodgkin lymphoma. The jury found that the weed killer was defective and awarded $80 million. This award included a whopping $75 million in punitive damages.
- Pilliod v Monsanto (May 2019) $2.055 billion: Plaintiffs were a husband and wife in their 70s from Livermore, California who used regularly used Roundup products on their home and occasionally at other properties. The husband developed large B-cell non-Hodgkin lymphoma and the wife was diagnosed with central nervous system lymphoma which later progressed to NHL. After weeks of trial in Alameda County, the jury entered a staggering verdict of $2,055,206,173, which included $2 billion in punitive damages against Monsanto.
What Is the Settlement Value of Roundup Cancer Claims?
Anytime you get a class action MDL involving a product like Roundup, the outcomes of the first initial cases to go to trial are generally used to negotiate a global settlement of all future cases. As described above, the initial Roundup trials resulted in a series of massive verdicts for the plaintiffs.
This doesn’t mean that all future Roundup plaintiffs are going to get similarly massive settlements. However, it does mean that the global settlement package will be huge ($10 billion, as it turns out) and valid Roundup cases will likely have settlement values higher than any other previous class action MDL (update: this was an overstatement).
The global settlement will have a tiered points system to determine settlement value. At the top tier are those cases where the plaintiffs had extensive exposure to Roundup (e.g., landscapers, agricultural workers, and others who used Roundup every day for years) and were diagnosed with non-Hodgkins lymphoma. At the lower end of the tiers will be cases where the plaintiffs had less exposure (e.g., homeowners who did not use Roundup every day) and other types of lymphoma or cancers less directly linked to Roundup.
The average Roundup lawsuit payout was less than we once hoped. COVID-19 did not help. The average Roundup settlement will end up being in the $100,000 range. The better cases still have a much a value much higher than $100,000.
Can you still file a Roundup lawsuit after the settlement?
There are two kind of Roundup lawsuits that have not been filed:
- Cases where diagnosis of NHL or death was some time ago, and
- Newly diagnosed NHL cases
It will be harder to find a lawyer for the cases that were diagnosed many years ago because of statute of limitations concerns. You should still try. But it will be harder.
But newly diagnosed cancer cases? Roundup cancer cases that have been recently diagnosed are still viable lawsuits. In fact, our Roundup lawyers believe new cases will probably have a much higher settlement value than the cases that settled. Why? Because Bayer will pay $10 billion to settle the case and then just keep on selling the product without a warning.
The Roundup settlement won’t be admissible in future cases. But we all know the score. The optics are terrible for Bayer and juries will not change how they process this evidence. The sad reality is that Bayer probably makes more money continuing to sell Roundup and just paying off new claims.
Another question people want to know is whether there is a settlement value for multiple myeloma cases. Our lawyers have gotten so many calls on these cases. It is hard to imagine there is not a correlation. But our law firm is not taking multiple myeloma cases. Why? It is not that our attorneys believe that this product cannot cause this cancer. But unlike the science correlating glyphosate and non-Hodgkin’s lymphoma, there is no solid evidence of a correlation between glyphosate and multiple myeloma.
What impact will pulling Roundup off shelves have on future Roundup cases?
Bayer’s decision to pull the current glyphosate-based version of Roundup off consumer shelves in the U.S. should make it much easier and faster to get a settlement in future Roundup cancer claims (assuming there is proof of causation) because now Bayer can settle claims without worrying about protecting an existing product. Bayer’s decision could also increase the potential settlement value of future Roundup cases because it can be presented as an admission that glyphosate was in fact harmful.
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