Roundup Lawsuit: A Comprehensive Overview

In the California MDL, Judge Vince Chhabria has requested that the parties file a joint case management statement addressing several issues, including how to “determine if plaintiffs’ counsel are taking on more cases than they can effectively litigate.”

The House Appropriations Committee recently voted on the Fiscal Year 2025 Interior, Environment, and Related Agencies Appropriation Act, which includes FIFRA preemption language that would protect Bayer in these lawsuits. All Democrats on the committee voted against the bill, while all Republicans voted in favor.

Despite this committee vote, the bill is unlikely to pass the full House and is almost certain not to make it through the Senate in 2024.

The Roundup MDL managed by Judge Chhabria in California experienced a slight increase in active Roundup lawsuit cases from 4,285 to 4,305 last month.

After a slight decrease, the Roundup MDL saw a minor increase in May. In the past 30 days, 6 new cases were added, bringing the total number of cases to 4,285.

The Philadelphia Court of Common Pleas has lowered the January verdict in McKivison’s case from $2.25 billion to $400 million.

For the first several months of this year, the Roundup MDL was experiencing growth, with over 100 new cases added between January and March 2024. However, in the last month, the Roundup MDL saw a slight decline, shrinking by 3 cases. There are now 4,279 pending cases.

A new Roundup lawsuit was filed in federal court by a New York plaintiff who alleges that he was diagnosed with non-Hodgkin lymphoma (NHL) due to using Roundup. The plaintiff used Roundup to kill weeds along his driveway and property line from spring 2013 through summer 2023, following all safety and precautionary warnings. In July 2023, he was diagnosed with NHL. Although his case was filed in New York, it will be transferred to the MDL in California, which consolidates all Roundup lawsuits filed in federal court.

Legislation aimed at protecting Bayer from further lawsuits alleging that its weedkiller, Roundup, causes cancer is moving forward in the Missouri General Assembly. Sponsored by Representative Dane Diehl, R-Butler, House Bill 2763 passed the Missouri House on April 24 with a vote of 91-57 and had a public hearing in the Senate Agriculture, Food Production, and Outdoor Resources Committee on April 30. Although a planned Senate committee vote on HB 2763 was postponed and not yet rescheduled, the bill still has a chance of passing.

This development highlights the influence of lobbying dollars, with the Missouri legislature seemingly prioritizing the interests of a multinational corporation over its own citizens.

The Roundup MDL saw a resurgence of activity, with over 100 new Roundup cancer lawsuits added since the start of the year. Currently, the total number of pending cases stands at 4,281.

A Roundup wrongful death trial in Delaware resulted in a hung jury after three days of deliberation. This mistrial follows two monumental losses for Bayer in St. Louis and Philadelphia totaling nearly $4 billion in damages.

Another Roundup trial in Arkansas concluded in a defense verdict for Bayer.

The 11th US Circuit Court of Appeals dismissed Bayer’s claim that federal guidelines for pesticide labeling should negate the need for state-mandated cancer warnings on Roundup products. This ruling weakens Bayer’s defense strategy and might push the company towards settling a greater number of lawsuits.

Monsanto faces a major setback in the Roundup litigation with a $2.25 billion verdict in the McKivison trial, indicating a potential shift towards settling cases. Additionally, Monsanto’s legal tactics, including challenging judges and introducing new experts, have been criticized and seen as irrational, while the scope of litigation expands with new trials and a nationwide class-action lawsuit in Canada.

Monsanto faced a new trial in California and suffered a significant legal defeat in Philadelphia, where a jury awarded over $3.4 million to a woman with NHL, linking her cancer to Roundup weed killer exposure. This marked Monsanto’s fifth consecutive loss in such cases, with the jury finding the company’s conduct negligent and reprehensible.

Monsanto is appealing a $175 million verdict in a Pennsylvania court over alleged failure to warn about Roundup’s carcinogenic risks, arguing judicial bias and procedural errors. In a separate case, Monsanto settled a discrimination lawsuit by agreeing to eliminate immigration status considerations in future Roundup settlements.

The San Diego jury awarded $332 million in the Dennis Roundup cancer case, signaling a major shift in expectations for future litigation settlements. In a separate case, the Philadelphia jury awarded $175 million to plaintiffs in the Caranci case, with more details pending. These verdicts come amid increased legal and scientific examination of glyphosate.

The McCostlin lawsuit against Monsanto was dismissed after the plaintiff’s expert testimony failed to sufficiently demonstrate that Roundup caused the plaintiff’s non-Hodgkin lymphoma, marking Monsanto’s ninth consecutive legal victory. The case was perceived as weak from the outset, suggesting a strategic pattern by Monsanto to contest less formidable lawsuits. However, expectations are shifting towards the upcoming Philadelphia case, where a substantial verdict or a significant confidential settlement is anticipated.

There are 4,222 active Roundup cancer lawsuits in federal court in California, a slight increase from the 4,212 Roundup cases in July. While Bayer, the owner of Monsanto, had proposed a $10.9 billion settlement for about 100,000 existing claims, a court decision has prevented them from settling all future Roundup lawsuit cases for an additional $2 billion.

New plaintiffs joined existing Roundup lawsuits, increasing the federal case count to 4,193, with the peak number previously reaching 4,630. Bayer also settled environmental deception claims related to Roundup. On June 15, 2023, Bayer agreed to a $6.9 million settlement with the New York Attorney General.

Two significant events occurred: Monsanto secured its seventh straight court victory in St. Louis, Missouri, against a plaintiff named Sharlean Gordon. Also, 4,176 cases remained pending in California’s federal multidistrict litigation (MDL).

Monsanto celebrated its fifth back-to-back court win in St. Louis, Missouri.

Judge Vince Chhabria of San Francisco ruled against Bayer’s offer of $2 billion meant to resolve future Roundup cancer claims.

Bayer proposed a hefty $10.9 billion settlement to close about 100,000 existing Roundup lawsuits.

A jury in California state awarded a staggering $2 billion to a plaintiff claiming harm from Roundup.

Another California jury awarded $80 million to a different plaintiff in a Roundup case.

A California state jury granted $289 million to a plaintiff alleging injuries from Roundup use.