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Bayer AG in negotiation to potentially settle thousands of lawsuits claiming Roundup (a weed killer produced by the company) causes cancer, but some legal professionals said the cases raises unusual questions that may prevent a peaceful settlement. Over 18,000 plaintiffs claiming Roundup weed cleaner causes cancer non-Hodgkin’s lymphoma.
In the Roundup litigation, Bayer has lost three U.S jury trials to date. Roundup says they are appealing the decisions, and its active ingredient glyphosate is safe for human use and not carcinogenic. Legal professionals summarized many obstacles the company may face on the way to settlement.
Is glyphosate a lethal chemical?
Glyphosate is an active ingredient found in several pesticides, including Roundup. Farmers usually would instead use Roundup on their various crops because it kills weeds without damaging the plant, which means better profit margins. However, the International Agency for Research on Cancer (IARC) in 2015 stated that glyphosate might cause cancers. The report noted that glyphosate might cause cancers in laboratory mice and rats.
Why is Roundup litigation different from other product cases?
The settlements involving medical devices, drugs, or consumer goods usually result in the addition of a recall, warning label, or the outright discontinuance of the particular product. Generally, these steps close the door to future litigation, making settlement risks and costs predictable. Roundup has never been pulled off the market, and the company has invested in research to develop an alternative to glyphosate.
It takes an average of 10 years for Non-Hodgkin’s lymphoma to emerge, increasing the likelihood of lawsuits after the current litigation has been settled. Product liability settlements usually include a cut-off date for a future lawsuit and need to be appropriately funded for a court to approve the agreement. However, as long as Roundup continues to be sold without changes, more lawsuits may follow.
Could the company add a cancer warning?
The U.S Environmental Protection Agency that regulates pesticides reject such warning and have repeatedly found glyphosate to be safe. The agency said any cancer warning as the result of glyphosate constitutes a misleading statement. However, the plaintiff’s lawyers claim they would insist that a cancer warning label is added as part of the settlement.
How could the company settle the litigation?
To settle product liability, companies usually set up a fund, and the parties outline the criteria both current, and future plaintiffs must meet to receive compensation. However, in Bayer lawsuit, the plaintiffs could be divided into groups depending on the disease length, severity, and frequency of weed killer use. However, it could take months for lawyers to reach an agreement about how to compensate claimants who used the weed killer and have yet to be diagnosed with non-Hodgkin’s lymphoma.
YourCaseWorth.com can help
YourCaseWorth.com is currently investigating the cases of Non-Hodgkin’s lymphoma all over the United States, if you or a loved one used Monsanto’s Roundup for personal or commercial use, contact us today. In regards to Bayer lawsuit, we continue to accept new cases involving people who have non-Hodgkin lymphoma after being exposed to Monsanto’s Roundup. We can help you hold the company accountable for its failure to warn you that glyphosate is carcinogenic.