What Is The Roundup Lawsuit Payout?
Payouts are underway in MDL 2741 Roundup Products Liability Litigation. As of December 15, 2021, only about 4,000 lawsuits remain in this multidistrict litigation (MDL), according to the U.S. Judicial Panel on Multidistrict Litigation (JPML). There are no known settlement amounts as of January 2022.
These lawsuits allege that Bayer AG and subsidiary Monsanto manufacture and distribute Roundup weedkiller despite the increased risk of developing certain types of cancer-primarily non-Hodgkin’s lymphoma. In the three MDL bellwether trials, the juries awarded plaintiffs significant compensation and punitive damages.
Unlike class action lawsuits, where all plaintiffs receive a relatively equal share of the pot, settlements in multidistrict litigation work differently. Each plaintiff’s case is evaluated, and they receive individual settlement offers, or the defendants offer agreements in levels. This is sometimes called a tiered settlement.
To calculate the settlement value of each case, a third-party administrator considers the facts and then scores the plaintiff based on them. Considerations in the Roundup litigation include:
- The type of non-Hodgkin’s lymphoma
- Details about their diagnosis
- The severity of their cancer
- The required treatment
- Their documented exposure to glyphosate
- Other risk factors for developing this type of cancer
Of course, plaintiffs do not have to accept a settlement offer based on this scoring. They can continue to demand an agreement they believe is reasonable, which is what has occurred with many of the remaining Roundup cases. Bayer AG claims to have settled about 96,000 of the original 125,000 cases against them.
While it may seem like this litigation is coming to an end, there may still be time to act. The courts are requiring Bayer AG and Monsanto to establish a fund for:
- Those who have a non-Hodgkin’s lymphoma diagnosis but have not taken action
- Those who have exposure but do not yet have cancer
If you or a loved one used a glyphosate herbicide, you should pay close attention to this case. If you already have a non-Hodgkin’s lymphoma diagnosis, it is time to discuss your options with an attorney. They can help you prove:
- You had long-term or major exposure to glyphosate.
- You received a non-Hodgkin’s lymphoma diagnosis.
- There is a link between this herbicide and your cancer.
- You suffered significant physical, emotional, and financial harm.
Injuries You Suffered
Cancer can cost hundreds of thousands of dollars to diagnose and treat. In addition, there are ongoing care and monitoring costs for at least the first five years following diagnosis and treatment. In addition, expenses related to travel for treatment, renting a wheelchair and other equipment, building ramps, and other costs add up quickly.
These expenses may be recoverable through a Roundup lawsuit. Your mass tort lawyer can help you gather medical bills, receipts, and other proof to support your claim.
Income/Wages You Lost
If you were working at the time of your diagnosis, you likely had to take significant time away from your job. Going on extended leave is common with any type of cancer diagnosis and treatment. This is especially true if your job requires extensive hands-on labor, such as lawn maintenance, agriculture, landscaping, and other professions where glyphosate herbicides are commonly used.
You may be able to get information about your missed pay from your employer, or your legal team will help you document the lost income your family experienced.
Pain and Suffering
Pain, suffering, and other intangible losses are more difficult to put a price on than medical bills or missed paychecks. However, they are a significant source of stress when battling cancer. You deserve to recover compensation for your mental and emotional suffering in addition to physical and financial damages.
Your RoundUp Lawsuit lawyer will know how to put a fair value on your pain and suffering losses and demand fair compensation for them during settlement negotiations.
To date, punitive damages have played a significant role in Roundup lawsuits that went before a jury. This includes all three bellwether trials in MDL 2741 heard in San Francisco. While it was later reduced on appeal, one jury even awarded two plaintiffs $1 billion each in punitive damages.
Punitive damages do not compensate plaintiffs for their expenses or losses incurred. Instead, they penalize the defendant for their particularly bad behavior. When a large multinational corporation such as Bayer AG commits negligence, a fine worth several thousands of dollars will not be enough to teach them a lesson and deter others from the same behavior.
This is why juries often opt for multi-million dollar punitive awards in high-profile lawsuits against large corporations. Punitive damages are only available at trial and are awarded by juries.
Roundup Settlement Amounts: What Can Victims Expect?
It is difficult to know what victims can expect from settlement negotiations in the Roundup lawsuits. While settlements have apparently taken place, there are no public announcements, and we do not know enough to establish a range for them at this time.
What we do know is that juries agreed with the plaintiffs and determined there was strong evidence to show:
- There is a link between glyphosate-based weed killers and non-Hodgkin’s lymphoma.
- Ongoing or significant exposure to Roundup is a causative factor in cancer development.
- Bayer AG and other manufacturers failed to warn consumers adequately.
- The companies acted negligently by continuing to manufacture and distribute dangerous and defective products.
Consider the verdicts, including the punitive damages, awarded in the first three bellwether cases in the Roundup MDL:
- Plaintiff: A school groundskeeper with non-Hodgkin’s lymphoma
- Jury award: $289.2 million
- Breakdown: $39.2 million in compensatory damages and $250 million in punitive damages
- Appeal: Won by plaintiff
- Plaintiff: Edwin Hardeman, who used Roundup for more than two decades on his 56-acre property and later developed non-Hodgkin’s lymphoma
- Jury award: $80.2 million, reduced by the judge to $25.2 million
- Breakdown: $5.2 million in compensatory damages and $75 million in punitive damages
- Appeal: Initial appeal was won by the plaintiff, but Bayer AG has asked the U.S. Supreme Court to consider
- Plaintiffs: A married couple who both developed non-Hodgkin’s lymphoma
- Jury award: $2.055 billion
- Breakdown: $37 million and $18 million in compensatory damages and $1 billion each in punitive damages
- Appeal: Award reduced to $87 million
These outcomes-and numerous verdicts outside the MDL – seem to have made Bayer AG realize it does not want to continue to allow these product liability cases to go to trial and have to pay such significant punitive awards. This is one reason why the company has begun offering settlements and asked the judge to approve a plan for current and future global settlements.
Roundup Settlement: More Than $10 Billion for Victims
Bayer AG and Monsanto claim to have settled many of the pending Roundup cancer lawsuits, with fewer than 30,000 remaining in total. However, we do not yet know the details of these settlements. According to NPR, the company has earmarked more than $10 billion to cover the litigation underway in three cases:
- MDL 2741, the RoundUp and glyphosate herbicides lawsuits
- Claims related to the herbicide dicamba
- Litigation regarding water contamination caused by polychlorinated biphenyl (PCB)
The largest of these three cases is, by far, the Roundup cancer lawsuits.
The Funds Are for Current and Future Plaintiffs
Per the NPR report, Bayer AG would use between $8.8 billion and $9.6 billion to settle current claims and pay litigation costs. Then, the company would earmark additional funds for possible future claims, which could come from:
- Those who are just receiving their cancer diagnosis
- Those with significant glyphosate exposure who will develop cancer in the coming years
- Those who worry about their cancer risk because of known exposure
However, the judge overseeing the MDL, U.S. District Judge Vince Chhabria, did not feel like the company’s plan offered enough time, compensation, or consideration for potential future claimants. He is concerned about the time given to report their diagnosis and how many plaintiffs might be eligible.
Roundup is the top-selling herbicide in the United States. At the same time, according to the American Cancer Society, non-Hodgkin’s lymphoma is among the most common cancers. About four percent of all people diagnosed with cancer in the United States each year have this form.
For this reason, the judge denied Bayer AG’s initial plan for creating a fund for future claims in 2021. This does not mean you do not have options for seeking compensation if you have not yet filed, though. Connect with an attorney well-versed in these cases to learn more about what you can do to hold Bayer AG and Monsanto legally liable.
Roundup Settlement Amounts: Potential Payouts for Victims
There is no way at this time to determine how much an individual might receive in a Roundup settlement. We do not have any information about possible settlements or details about those plaintiffs’ cases. In addition, there is no way to take an average payout and come up with an accurate estimate because of the way plaintiffs are scored for settlements as a part of a global agreement.
The unique facts of your case will determine how you are scored and how much Bayer AG and Monsanto may offer you. The details of your disease, exposure, and prognosis matter when it comes to assigning your case to a tier and calculating a possible settlement. As such, you may receive a settlement offer that varies from other plaintiffs because of:
- The severity of your non-Hodgkin’s lymphoma
- Your necessary treatment
- How your disease and treatment affected your life
- Your documented Roundup use
- The strength of the link between your glyphosate exposure and diagnosis
- Your economic and non-economic damages
While it is difficult to know what a settlement offer might look like in any individual case, you should not expect it to fall into the same range as the jury verdicts issued. The large payouts in the Roundup bellwether cases relied on punitive damages, which are generally only available at trial. In contrast, a global, tiered settlement agreement generally pays significantly less.
Did Roundup Cancer Settlements Happen?
There are several indications that Bayer AG and Monsanto have settled many of the lawsuits pending in the Roundup cancer case. However, there have not been any direct reports of settlements from plaintiffs in these cases.
Not only did Bayer AG report settling about 96,000 of the pending 125,000 claims during 2021, but a December 2021 report from Bloomberg cites the company as saying they reached agreements with 98,000 claimants. However, this leaves almost 30,000 outstanding cases, including the claims in the MDL against Roundup and Monsanto.
While it is likely that these settlements did take place and plaintiffs received compensation, that is all we can ascertain from these reports. To help us better understand future settlements, we would need to know:
- How much individuals received
- The severity of their illness
- Other details of their case
According to Bayer AG, the companies will not try to settle any of the remaining pending Roundup claims at this time. They have asked the U.S. Supreme Court to review one of the bellwether cases to determine if they will rule that some plaintiffs are demanding payouts beyond a reasonable amount based on the facts of their cases.
In addition, they believe that federal approval of the herbicide label could release them from owing punitive damages in some cases. In the Bloomberg report, a Bayer spokesman is quoted as saying an affirmative federal court ruling could “effectively and largely end” the pending litigation and prevent many future claims.
Talk to a Lawyer About Your Legal Options for Free Today
If you or a loved one used Roundup and later received a cancer diagnosis, you may have a valid claim against Bayer AG and Monsanto. Compensation may be available to you, and hiring a law firm could help you seek it. Call 800-874-8678 for your free consultation with an attorney who understands these cases.