MDL Judge To Consider $1.1B Roundup Class Settlement Motion

Introduction

A hearing has been scheduled for late July, by U.S District Judge Vince Chhabria to consider a motion for approval of a class action settlement, which includes funding of more than $1.1 billion to help former users of Roundup, who have not yet been diagnosed with cancer.

The June 24th motion to approve the settlement was filed by attorneys involved in the litigation, on which Judge Chhabria issued a pretrial order on June 27, announcing a hearing to consider the preliminary approval of the class action settlement for July 23.

According to the pretrial order, a July 13 deadline has been set to file any opposition or objections over the motion, along with a proposal to submit a consolidated reply to the pretrial order by July 17. The order also indicated that the hearing could be scheduled for August 6 if the July 23 date seems soon.

The class-action settlement also proposes to form an independent Science Panel, to help provide a conclusive and necessary decision about the link between the weedkiller and non-Hodgkin lymphoma. Grant programs would also be set to help diagnose non-Hodgkin lymphoma, to compensate for delays in the litigation, and to fund medical and scientific research of the diagnosis and treatment of non-Hodgkin lymphoma.

In exchange for the deal, the class members would be agreeing to pause the litigation for four years to give time for the completion of scientific research, and consent to issue claims for medical review and punitive damages. The class members would still have the right to proceed with individual injury lawsuits in the future, subject to the Science Panels decision about general causation, which would be binding for both parties.

Last week, Bayer indicated that it would pay more than $10 billion to settle about 75% of the lawsuits claiming that its herbicide was the cause of non-Hodgkin lymphoma.

IARC, considered to be the apex in the field of cancer research, classified glyphosate as a “probable human carcinogen.” According to IARC, Roundup is made up of other ingredients that are toxic in themselves, and are also known to increase the toxicity of glyphosate. Monsanto has known this for many years but still refuses to study the link between cancer and Roundup.

Monsanto has a brief history of legal troubles and Glyphosate is just another herbicide of the company to attract lawsuits. Plaintiffs across the U.S. have filed numerous lawsuits. A plaintiff from one of the Roundup lawsuits claims that she worked as a grower’s assistant on a crop field in New York from 1994 to 1998 where Roundup was regularly sprayed indoors and outdoors resulting in chronic lymphocytic leukemia in 2012. She eventually quit the job and is currently seeking reasonable compensation and punitive damages in court.

Currently, Bayer is facing more than 125,000 Roundup lawsuits, and the company has acknowledged the filing of 52,500 lawsuits. The lawsuits are consolidated under MDL No. 2741 in the U.S. District Court for the Northern District of California.

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