Is It too Late to Bring a Monsanto Roundup Cancer Claim?
The answer is absolutely not. It is true that the most recent Roundup bellwether case was put on hold mid-trial. Rumors that Roundup’s owners, Bayer Monsanto, are considering a global settlement are also true. That doesn’t mean that others still can’t file a lawsuit.
The biggest impediment to bringing a late claim against Monsanto isn’t that the company will run out of money. What really concerns us are that patchwork of statutes of limitations around the country. Depending on when you developed cancer and where you live, it may already be too late.
First, let’s discuss the impact of settlement on late filed claims.
There are an estimated 40,000 pending lawsuits filed against Monsanto and / or its new parent, Bayer. There is evidence that the active ingredient in Roundup, glyphosate, causes non-Hodgkin’s lymphoma. While the company disputes those claims, juries in the first three cases have awarded cancer victims approximately $2.4 billion.
Since those jury verdicts, courts have reduced the verdicts to $190 million. The cases are under appeal. The most recent appeal was filed on February 10th. In that case, Bayer says the jury’s $2 billion verdict (reduced by the judge to $86 million) can’t be reconciled with science or the law. The company also says the victims’ lawyers engaged in “misconduct.”
The lawyers, of course deny the claims and say the court of appeals should uphold the verdict.
“Instead of acknowledging that a smart group of jurors thoughtfully and carefully considered the evidence, finding Monsanto both liable and malicious, Monsanto attempts to make this case about the attorneys. Let me be clear, there was no attorney misconduct. We won because the evidence and science showed not only that Roundup caused cancer, but that Monsanto (now Bayer) hid that risk from consumers for 40 years.”
Bayer has also received some help from the Trump administration. Recently the EPA reaffirmed that glyphosate is safe to use. The EPA is now at odds with the State of California and the World Health Organization.”
While Bayer is clearly fighting back, its makes sense for the company to try and settle. If Bayer were to lose all 42,000 cases and the average loss remained nearly $70 million per claim, the company would need well over $2 trillion to pay every claim.
The company has agreed to mediation. While those negotiations are confidential, we can share that discussions that the company would pay $8 billion to settle current claims and set aside $2 billion more for future claims.
If one were to assume that every claim was valid, 42,000 claims divided by $8 billion means an average settlement value of $190,000. Not every claim is valid and each claim is different. Many claims are probably not valid or are suing for injuries not well linked to glyphosate. (We have personally heard from people claiming a wide variety of ailments supposedly suffered because of Roundup. While we are sympathetic, without proper studies and medical experts we can’t make a case today for anything outside non-Hodgkin’s lymphoma.)
Each claim is also different. Some folks are in remission. Some victims unfortunately succumbed to their cancer. Some victims are young and supporting large families. Each case is different which is why these cases are being handled as a class action.
One reason to bring a case now is to get a free ride off any global settlement. No one is bound by any such settlement although an individual cancer victim should be prepared to spend several hundred thousands of dollars in costs (not legal) fees to take on the company in a one-on-one trial.
Looming Statute of Limitations for Roundup Claims
Obviously if you are diagnosed with cancer today, you have plenty of time to file a lawsuit. The time period in which to bring a lawsuit is called the “Statute of Limitations.” These laws vary widely from state to state. In some jurisdictions you may have 6 years to bring a claim. In others, it is just 1 year.
In most states, the countdown clock for filing a lawsuit starts when you knew or should have known that your cancer might have been caused by Roundup. Because of all the late night TV commercials, its hard to now argue that you didn’t know about glyphosate’s links to cancer.
This means that fence sitters need to act today. We don’t think Monsanto will run out of money. Our fear is that cancer victims will first run out of time.
The real X factor in settlement is how the courts will rule on the appeals and how future cases will be decided. Several consecutive trial losses by plaintiffs would cause the settlement value of the case to drop dramatically. Yet if the next cancer victim who goes to trial wins another billion dollar verdict, the case value increases dramatically.
There is Still Time to File Roundup Cancer Claims
If you or a loved one is suffering from non-Hodgkins lymphoma and regularly used of Roundup, you may be entitled to significant monetary damages. This includes damages for family members who have already passed because of their cancer. We know there are likely thousands of yet identified farmers, landscapers, groundskeepers, highway road crews and even home gardeners who have NHL and were regular users of Roundup. If you have been diagnosed and haven’t yet made a claim, act now.
Ready to see if you have a case? Contact us online, by email or by phone 202-800-9791. Cases accepted throughout the United States. All inquiries are kept strictly confidential. (We are a real law firm, not a non-lawyer owned lead generation service. Call us and speak with a lawyer familiar with Roundup cases.)