Roundup Cancer Class Action Lawsuit Update September 2024

The Roundup class action lawsuit involves significant legal challenges regarding the herbicide's potential cancer risks, primarily due to its active ingredient, glyphosate. Recent developments include an Oregon appellate court allowing expert testimony on EPA regulations, which had been excluded previously, and Bayer's continued lobbying to limit lawsuits through federal legislation. Plaintiffs have faced both victories and setbacks, such as a major Philadelphia verdict being reduced and a case dismissed due to the statute of limitations. The multidistrict litigation (MDL) in California has seen a slight increase in cases, while Bayer explores alternatives to glyphosate amid ongoing litigation and legislative efforts. Despite varying outcomes, including record verdicts and regulatory debates, the lawsuits highlight ongoing concerns about Roundup’s safety and the broader implications for legal and regulatory practices.

September 3, 2024:

• Monsanto Challenges Plaintiffs' Experts in Roundup MDL: In the Roundup MDL, Monsanto has filed a motion to exclude the testimony of seven plaintiffs' experts. The motion argues that the experts' opinions lack scientific validity and reliability, potentially undermining the plaintiffs' ability to prove their claims. Plaintiffs have submitted their responses to these motions, defending the admissibility of their experts' testimony.

August 22, 2024:

• New Trial in Philadelphia Roundup Litigation: The 5th Philadelphia Roundup trial has commenced in the case of Young v. Monsanto. Opening arguments began Monday, with plaintiffs aiming for their fourth win in five trials held in Philadelphia.

August 19, 2024:

• Bayer Wins Key Appellate Ruling on Roundup: A 3rd Circuit court ruling favors Bayer, stating that federal pesticide labeling regulations preempt state laws. The decision emphasizes that once the EPA approves a label omitting specific health warnings, state laws requiring those warnings are superseded. This ruling could significantly impact Roundup lawsuits, particularly those alleging inadequate warnings about cancer risks associated with the herbicide.

August 6, 2024:

• Roundup MDL Case Update: The Roundup MDL in California has seen a slight decrease in active cases, now at 4,311 out of a total of 4,890 filed. The parties propose creating Wave 9, the final wave, to manage remaining cases efficiently. Concerns about overburdened plaintiffs' counsel are raised, with challenges in assessing their capacity. Plaintiffs' counsel suggests terminating the current settlement program and transitioning to a mediation program, while Monsanto supports continuing the existing program. Disputes remain regarding plaintiffs' involvement in Daubert motions and the scope of expert testimony in the Beckfield case. The Hochstein case has been resolved and awaits dismissal upon settlement finalization.

July 24, 2024:

• Oregon Court Reverses Roundup Verdict, Allows Expert Testimony: In a significant win for plaintiffs, an Oregon appellate court reverses a jury verdict in a Roundup lawsuit, ruling that the trial court erred in excluding expert testimony on EPA regulations. The appellate court found that the testimony of Dr. Charles Benbrook, who was prepared to discuss the regulatory framework for pesticides and the EPA's evaluation process, was relevant and admissible. Monsanto's cross-appeal, arguing that the plaintiff's claims were preempted by FIFRA, was rejected by the court.

July 23, 2024:

• Bayer Lobbies for Federal Law to Limit Roundup Lawsuits: Bayer continues its efforts to limit Roundup lawsuits by lobbying Congress to include provisions in the upcoming farm bill that would restrict plaintiffs' ability to claim inadequate warnings about glyphosate's potential dangers. The proposed language would make EPA-approved labels on Roundup sufficient warnings, potentially preventing future litigation. Opponents criticize Bayer for attempting to influence legislation at the federal level after similar efforts failed in state legislatures.

July 18, 2024:

• Plaintiffs' Post-Trial Motions in Philadelphia Roundup Case Denied: A motion for a new trial in the Philadelphia Roundup case, following the plaintiff's loss on July 4th, is rejected. This marks the plaintiffs' only loss in Philadelphia, with three prior substantial verdicts totaling $3.5 million, $175 million, and $2.25 billion.

July 11, 2024:

• MDL Judge Raises Concerns Over Plaintiff Firms' Caseloads: In the California Roundup MDL, Judge Chhabria expresses concerns about plaintiffs' lawyers potentially taking on more cases than they can effectively litigate, prompting a request for a joint case management statement addressing this issue.

July 4, 2024:

• Philadelphia Roundup Case Dismissed: A Philadelphia Roundup trial, set to begin the following week, was voluntarily dismissed by the plaintiff after the trial judge dismissed nine out of ten counts in the case due to the statute of limitations expiring. The plaintiff, whose family member had been diagnosed with Non-Hodgkin's Lymphoma (NHL) in 2014 and passed away in April 2020, had filed a wrongful death claim within the statute of limitations. However, the accompanying survival action, which seeks damages for the pain and suffering of the deceased before their death, was not filed within the required timeframe. The plaintiff's arguments regarding the lack of awareness about Roundup's potential to cause cancer, the continued use of Roundup after the diagnosis, and the potential presence of dementia in the deceased did not sway the judge's decision. The plaintiff now intends to appeal the ruling.

July 1, 2024:

• Roundup MDL Case Count Increases: The Roundup MDL in California, managed by Judge Vince Chhabria, has seen a slight uptick in cases since June, going from 4,285 to 4,305.

June 26, 2024:

• Bayer Lobbies to Limit Roundup Lawsuits: Bayer is actively lobbying Congress to pass legislation limiting Roundup lawsuits. This includes a provision in the farm bill that would restrict plaintiffs' ability to claim they were uninformed about the herbicide's health risks.

June 20, 2024:

• Court Ruling Undermines Roundup Cancer Claims: In a setback for plaintiffs suing Monsanto and Bayer, alleging that Roundup causes cancer, a California federal judge dismissed a key study often cited in over 170,000 cases as "junk science." U.S. District Court Judge Vince Chhabria rejected the testimony and research findings of Luoping Zhang, a toxicology professor at UC Berkeley, stating that his methodology was flawed and unreliable. Zhang's meta-analysis, which attempted to link glyphosate (the active ingredient in Roundup) to cancer, was deemed insufficient as it relied on other studies rather than producing new, conclusive research. The judge also noted that Zhang's findings failed to account for exposure to other chemicals, among other flaws. This ruling is considered a major victory for Bayer and could have far-reaching implications for the ongoing Roundup litigation.

June 12, 2024:

• New Jersey Supreme Court Denies Roundup Class Action: The New Jersey Supreme Court rejects a request to designate Roundup litigation against Monsanto Co. and Bayer AG as multicounty litigation, citing insufficient case numbers. Roundup cases will continue to be filed in the appropriate counties.

June 7, 2024:

• MDL Judge Questions Plaintiff Firms: The Roundup MDL judge expresses concerns that some plaintiffs' firms may be taking on excessive caseloads to settle them quickly for minimal amounts, potentially neglecting clients' best interests.

June 5, 2024:

• Roundup Verdict Reduced to $400 Million: A Philadelphia Court of Common Pleas judge reduces a $2.25 billion Roundup verdict to $400 million.

June 19, 2024:

• Renewed push from Bayer to sheild itself from lawsuits: Bayer AG is ramping up efforts to protect itself from lawsuits alleging its Roundup weedkiller causes cancer and other health issues. Despite denying glyphosate's cancer-causing properties, Bayer faces around 170,000 legal cases and has set aside $16 billion for settlements. The company argues that continuing legal battles is unsustainable and is advocating for legislative measures that would shield pesticide makers from cancer-related claims if their products meet EPA standards. This move has sparked debate among lawmakers, with concerns raised about impacts on farmer choices and Bayer's potential market withdrawal. Bayer is actively promoting laws in Missouri, Iowa, and Idaho to prevent claims that it failed to warn about Roundup's cancer risks.

June 3, 2024:

• 6 New Cases Added to Roundup MDL: The number of cases in the Roundup multidistrict litigation (MDL) grew slightly in May, with only 6 new roundup lawsuits filed. This brings the total number of cases in the MDL to 2,285.

May 8, 2024:

• New Roundup Lawsuit Filed in Delaware: A new Roundup class action lawsuit was filed in Delaware state court, adding to the ongoing Roundup litigation. The plaintiff suffers from Cutaneous T Cell Lymphoma, a subtype of non-Hodgkin lymphoma (NHL).

April 29, 2024:

• New Trial Begins in St. Louis: A new trial kicks off in St. Louis, Missouri. Three plaintiffs are suing Bayer, alleging their illnesses are linked to exposure to Roundup weedkiller.

April 6, 2024:

• Missouri Verdict Reduced: A Missouri judge reduced a jury award in a Roundup case from $1.56 billion to $611 million for the three involved plaintiffs.

March 19, 2024:

• Bayer Seeks Alternative to Glyphosate: In light of the ongoing litigation, Bayer has announced they are exploring alternatives to glyphosate, the active ingredient in Roundup.

January 26, 2024:

• Record Verdict in Philadelphia: The largest Roundup cancer verdict to date was awarded in Philadelphia. The jury granted $2.25 billion to a plaintiff who developed NHL after using Roundup for two decades. This included $250 million in compensatory damages and a record-breaking $2 billion in punitive damages.

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RoundUp weed killer's health risks and link to various types of cancer

Most sheds or garages have that one bottle known for its weed-killing powers: RoundUp. It's easy to spot, ready to use when those stubborn weeds invade your garden or cracks in the concrete. However, this common herbicide is also the subject of extensive debate, due to its active ingredient, glyphosate, and the subsequent safety concerns, health risks, and legal challenges it has sparked.

The power and problems of glyphosate

RoundUp stands out in the weed control game because of glyphosate. This chemical works by stopping a crucial enzyme plants need to grow, which is why RoundUp can keep places like driveways, patios, and farmlands clear of weeds. But glyphosate's effectiveness comes with a caveat: there's a heated debate about whether it's safe to use, with various forms of cancer being reported by those exposed to it over long periods.

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Health hazards tied to RoundUp weed killer

The acute effects of glyphosate might include respiratory irritation, but it's the potential chronic impacts that have led to legal action. Prolonged exposure to RoundUp has been associated with several types of cancer, such as:

• Non-Hodgkin's Lymphoma (NHL): A cancer affecting the lymphatic system, a critical part of the immune system.

• Leukemia Variants: Including Chronic Lymphocytic Leukemia (CLL), which targets blood and bone marrow.

• B-Cell Lymphoma: Another lymphatic system cancer, this time focusing on B cells that help fend off infections.

• Mantle Cell and Follicular Lymphoma: Subtypes of NHL, each with unique effects on health.

These potential risks have led to numerous lawsuits, with plaintiffs claiming their health suffered due to inadequate warnings about RoundUp's potential dangers.

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The cancer conundrum: Does RoundUp really cause it?

While the EPA has been hesitant to directly link glyphosate to cancer, other organizations and studies, including one from the University of Washington, suggest a strong connection. The study indicated that glyphosate exposure could raise the risk of developing non-Hodgkin's lymphoma by 41%.

Additionally, the CDC's findings that most Americans have traces of RoundUp in their systems underscore the herbicide's pervasive use.

Legal weeds: RoundUp's Class Action lawsuit landscape

When Bayer took over Monsanto in 2018, they also took on the legal challenges related to RoundUp. These include claims from individuals who developed health issues after using the product. While many lawsuits have been settled, some cases have seen juries side with plaintiffs, awarding significant damages for failure to warn about cancer risks.

The most notable of these is the recent January 26, 2024 verdict in Philadelphia, where a jury awarded over $2 billion in punitive damages to John McKivison, a landscaper diagnosed with non-Hodgkin’s lymphoma after using RoundUp for 20 years. This marks the largest RoundUp cancer verdict so far. 

The clock is ticking: Filing a RoundUp Class Action cancer lawsuit

If you've used RoundUp and later developed non-Hodgkin’s lymphoma or another related cancer, you might consider a lawsuit against Bayer. But time is of the essence, as each state has a statute of limitations that dictates how long you have to take legal action. This period generally starts when you're diagnosed or when you first suspect a link between your condition and RoundUp.

This is where seeking legal help comes in. By filing a lawsuit, affected individuals can potentially receive compensation for their suffering and financial losses.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.

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