Bayer, the parent company of the weed-killer brand Roundup, was dealt a major blow in federal court last week. The case pertained to the plight of a California man, who in 2019, was awarded $25 million after the courts ruled he contracted non-Hodgkin lymphoma as a direct cause of his use of Roundup.
Roundup had originally claimed that it gave adequate warning of the cancer risks associated with its product, but after Bayer asked the 9th U.S. Circuit Court of Appeals in San Francisco to bar similar lawsuits from going to trial and to instead lean on a settlement deal, they rejected the company’s argument. This failed appeal will have a major impact on the cases of future plaintiffs. Here’s what you need to know:
Roundup Cases Mounting
Thus far, there are 125,000 claims that have been made regarding Roundup and its link to cancer. As a result, Bayer has committed $9.6 billion in order to help settle the cases, drawing a potential end to the major class-action lawsuit. Bayer had even proposed to set aside $2 billion more to preemptively settle future cases related to Roundup and its link to cancer. Until last week, the follow-up deal was on pace to go through, on the assumption that Bayer would win its appeal, but now it’s unlikely that they’ll receive the preliminary approval necessary this week for the controversial future settlement to be accepted.
Loss of Momentum
The failed appeal represents a major blow to Bayer’s momentum. The company had done its best to get ahead of any impending litigation, and had written a clause into their settlement deal that paused any lawsuits against them for four years. If someone rejected their offered compensation and sued, they would not have been allowed to seek punitive damages.
The new ruling has the potential to shape the way every Roundup case is litigated moving forward. Now there’s proof that these claims are viable in the tort system – meaning that more people are likely to fight for their day in court than take a settlement agreement.
Contact Gokal Law
Have you been impacted by Roundup or a similar product? We’ve got your back. Contact Alison Gokal of Gokal Law Group, Inc. Our team will diligently investigate your claims, interview witnesses, and give you the support you need to win your case. The sooner you contact us, the more effective we are at getting you the justice you deserve.
Gokal Law Group is a family firm that treats our clients as if they were our own flesh and blood. We fight for our clients as we would our own children, sisters, brothers, and parents. We are our clients’ Warriors, fighting to bring them justice and right the wrongs they have endured.
Each attorney has a specific practice area for which they are tried, tested, and battle-ready. Each has vast years of experience in their practice area, providing them the knowledge, skills, and vision to fight and win. Learn more about Gokal Law Group.