A federal appeals court has upheld previous findings that Bayer AG’s Monsanto Roundup weed killer caused a California man’s non-Hodgkins lymphoma cancer.
Attorneys with Dallas-based Fears Nachawati Law Firm say the decision ‘deals a blow to efforts by Bayer AG to push through a flawed settlement of thousands of pending cancer lawsuits.’
“This resounding victory for cancer victims could not have come at a worse time for Bayer as it tries to steamroll plaintiffs into accepting a flawed and unfair settlement,” said Fears Nachawati co-founder Majed Nachawati. “Everyone now has a better understanding of the value of these cases and the exposure Bayer faces if it does not reach a fair settlement and resolve all outstanding lawsuits.”
Friday’s ruling stems from a 2019 jury verdict finding that plaintiff Edwin Hardeman developed non-Hodgkins lymphoma after exposure to Roundup. The verdict included $5 million in compensatory damages and $75 million in punitive damages, which were later reduced to $20 million.
The ruling has implications for Bayer’s efforts to settle more than 90,000 pending cancer lawsuits, which have drawn criticism from thousands of plaintiffs. Among other things, the settlement would allow Bayer to continue selling Roundup but limit legal options for individuals diagnosed with cancer in the future. A hearing on the settlement is set for May 19.
“We now have a federal appellate court supporting evidence that Roundup causes cancer and that Bayer had a duty to warn consumers,” Mr. Nachawati said. “Shareholders need to know that these lawsuits will not stop until Bayer makes a meaningful settlement offer.”