Roundup litigation is slowing down. Bayer has won its first verdict in a Roundup-related case, and the company is taking another case to the United States Supreme Court while handling additional claims and settlements on a case-by-case basis. To prevent future litigation, Bayer has also started phasing out glyphosate, the probable human carcinogen, and plans to replace the chemical with alternative active ingredients by 2023.
The future of Roundup litigation largely depends on the results of the Hardeman case in the Supreme Court. Bayer has consistently lost trials by jury and lost 3 appeals in a row, including one in the federal 9th U.S. Circuit Court of Appeals, in which the appeals court ruled in favor of California resident and Roundup user Edwin Hardeman.
While Bayer waits on a decision from the Supreme Court, the company has left countless claims outstanding, forcing some claimants to pursue their day in court. If the Supreme Court decision is unfavorable, Bayer plans to engage in aggressive settlement negotiations to prevent future litigation. The company has even set aside billions of dollars to settle claims that have not yet been filed.
Will Bayer Win?
Historically, Bayer has been unsuccessful in Roundup litigation. However, the company’s luck may be changing. In October 2021, Bayer won its first verdict when a California Jury rejected the Roundup cancer link in a case involving a child with non-Hodgkin’s lymphoma.
Although Bayer is clearly hopeful the rest of its litigation will be this favorable, some opponents argue that the case was a long shot, to begin with. In this lawsuit, a mother filed a claim on behalf of her autistic son, arguing that the weed killer she used in her Los Angeles yard led to his diagnosis with non-Hodgkin’s lymphoma. The jury rejected the woman’s claim, but they did not necessarily reject the overall link between Roundup and cancer.
As legal experts explain:
“a child exposed to Roundup for a period of time doesn’t have as strong a case as a groundskeeper exposed to it for years.”
Bayer won this one case, but it is impossible to say what will happen in the U.S. Supreme Court – or in future cases. Still, some claimants may be more willing to settle after seeing that Roundup cases are “no longer a cakewalk.”
Can Claimants Still Come Forward?
Yes. Casey Law Offices encourages anyone who has been diagnosed with non-Hodgkin’s lymphoma after using Roundup weed killer to come forward immediately. The litigation may have changed pace, but it is far from over.
Any claimant who has not accepted a settlement is eligible for compensation, whether their case goes to trial or settles as part of Bayer’s plan to close Roundup litigation.
If you have been diagnosed with non-Hodgkin’s lymphoma after years of Roundup use and want to know more about your rights and legal options, please do not hesitate to contact our attorneys today.
Casey Law Offices has more than 25 years of experience and a proven track record of success.
Call us at (414) 272-5564 for personalized legal services and a free initial consultation.
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