If you have cancer and think it may be related to Roundup, the popular weed killer, don’t procrastinate in filing a claim. Ditto if a loved one recently passed away and she or he was exposed to Roundup.
[Post Updated November 2019] Following May’s record $2 billion jury verdict, we believe Bayer is moving to settle the remaining 42,700 cases. Thousands of cancer victims claim the active ingredient in Roundup, glyphosate, caused users to suffer from aggressive blood and bone cancer. And many experts agree.
Bayer Ready to Settle
Combine the recent jury verdict of $2 billion with recent verdicts of $289 million and $80 million, and its game over for Bayer. We believe a Roundup settlement is imminent.
Worse, the $2 billion verdict came on the heels of the company’s annual shareholder meeting that was held in April in Germany. At the meeting stockholders handed management a massive no confidence vote. Bayer is the owner of Monsanto, the maker of Roundup and similar weed killers.
This post was first written on May 17th, 2019. We were sure that the company was getting ready to talk settlement. In fact, we were so convinced that we issued a press release. The only sound we heard afterwards was crickets.
Monsanto continued to make loud noises in the press and courts. But discuss a global Roundup settlement? That was the quiet before the storm. In fact, it is still pretty quiet and Monsanto still claims it will fight. But we were right.
Roundup Settlement Talks
Monsanto is quietly making noises that it wants to settle. It simply can’t afford to fight 42,700 cases nationwide and a growing number in Canada and Australia. (We wouldn’t be surprised if there are folks in other countries too.)
Why the sudden change of heart? Because investors are getting mad. Bayer, owner of Monsanto, missed its earnings forecast. And that caused the stock price to slide. Overnight the value of the company dropped by billions of dollars. Since the lawsuits began, Bayer lost 30% of its value.
During a recent call with investors, Bayer CEO Werner Baumann claimed the company is willing to settle. If the price is right, of course.
While how much Bayer is willing to pay is certainly a big issue, we think the ticking time bomb is all the other ailments tied to glyphosate, the active ingredient in Roundup. Investors won’t be happy to settle thousands of Non-Hodgkins lymphoma cases only to have new evidence establish links with other cancers and diseases.
Baumann has to walk the tightrope. That means continuing to claim Roundup is safe and show willingness to fight while showing shareholders he is willing to try to get these cancer cases behind the company. And if that isn’t enough juggling the company is working with a court appointed mediator, Ken Feinberg.
One year ago, Bayer acquired Monsanto for $63 billion. Today the company is facing an estimated 42,700 lawsuits just in the United States. Most of the lawsuits say users of Roundup were subsequently diagnosed with non-Hodgkin’s lymphoma, an aggressive form of cancer. The active ingredient in Roundup, glyphosate, has also been linked to other forms of cancer including myeloma and leukemia (although there have been no successful lawsuits as to the latter).
New studies now suggest exposure to Roundup may also cause NASH (nonalcoholic fatty liver disease) and other serious medical conditions.
Although we believe the company has already begun the process of exploring settlement, publicly the company still says it will fight.
We first reported in May that the company was exploring a global Roundup settlement after the judge overseeing the consolidated Roundup litigation vacated a May trial date in would have been the next bellwether trial*. That was a telltale sign that Bayer and Monsanto were not expecting a victory and instead are trying to prevent a fourth and possibly fatal trial verdict. Already the company has lost $30 billion in market value and that was before the missed earnings.
Bayer Monsanto can’t sustain another major defeat.
*A bellwether trial is a test case intended to try a hotly contested issue. Judges and litigants use them to see how juries will react to a case. Because there are an estimated 13,400 Monsanto Roundup cancer cases pending, it becomes impractical to try every single case.
As part of the order delaying the next bellwether trial then scheduled for May 20th, U.S. District Court Judge Vince Chhabria ordered the parties to participate in a “confidential mediation.” One more sign that Bayer is quietly seeking a way out before facing bankruptcy.
After two postponements already this year including the one above, a third postponement was announced in October. The latest postponement which effectively stops anymore trials in 2019 should give the parties room to breathe. Whatever breathing room Bayer Monsanto has, it isn’t likely to last very long.
Two more cases are set to begin in California state court after the first of the year. And a federal trial is also set to begin in February in California. Hot on the heels of those three cases are six more cases scheduled in Missouri, Montana, Hawaii, Nebraska, Illinois and North Carolina. Absent proof of serious progress in negotiations, we don’t anticipate all these cases will be continued.
What Are Roundup Non Hodgkin’s Lymphoma Cases Worth?
Some analysts believe the cases could be resolved for a total $2.5 billion. We think that is pie-in-the-sky crazy talk by Wall Street. With almost 43,000 cases filed, that is just $58,000 per case. Cancer victims . and their families are worth far more and thus far juries have sent that message with huge verdicts.
We see the number more in line with $22 billion and have no intention of compromise. Part of the reason for such disparate settlement numbers is the growing number of cases.
The total number of Roundup lawsuits in the United States doubled in just a couple months. Using an average settlement value of $500,000 (the minimum we think is fair and also possible), the total cost to settle is $21.5 billion today.
In late October, the company reiterated that it is engaging “constructively” in global settlement talks. The company isn’y conceding that its glyphosate products are unsafe, however. The company continues to pursue appeals and make public claims that its Roundup weedkiller does not cause cancer.
From our own front row seat, we can only say that the parties are still far apart.
The heaviest users of Roundup are farmers, groundskeepers, landscapers, nursery workers and golf course greenskeepers. Home owners who regularly used Roundup or similar formulated herbicides are also at high risk says Mahany.
Roundup Cancer Patients – Take Action Today
With a global settlement probably in the works, we urge anyone who has cancer and was exposed to Roundup or who recently lost a loved one to step forward. If Bayer can work out a global settlement, their business can probably survive. But if you are suffering from lymphoma, we don’t recommend waiting any longer before filing a lawsuit.
The train is leaving the station, don’t be left behind. Even if you are not sure if your cancer was caused by exposure to a herbicide, give us a call.
Need more information? Start with our Roundup cancer victims claims page. Ready to see if you have a case? Contact us today online, by email or by phone 414-704-6731 (direct). We take cases nationwide. The consultation is confidential, free and without any obligation.
We know you have choices when seeking a lawyer. That is why you won’t see us advertising for these cases. To us it is quality and individual representation, not a race to see who can sign up the most cases. Give us a call.