Litigant Torts

Monsanto, the original manufacturer of Roundup, and Bayer, its successor, have faced over 100,000 lawsuits, with settlements reaching approximately $11 billion by May 2022. Despite the considerable settlements, around 30,000 lawsuits remain, some of which are grouped into multidistrict litigation (MDL) in California for efficient resolution of common issues.

Recent court rulings have called on the Environmental Protection Agency (EPA) to reassess its stance on Roundup’s harm to people and the environment. Additionally, Bayer has failed to provide adequate warnings about the potential cancer risks from Roundup, as decided by the 11th Circuit in July 2022.

Several high-profile cases have led to significant verdicts in favor of plaintiffs, although Bayer has also had some victories. Key considerations for successful lawsuits have been the plaintiff’s exposure to Roundup, the onset of cancer post-exposure, and the company’s failure to provide sufficient warnings about potential carcinogenic risks.

Those considering filing a lawsuit against Bayer would need to demonstrate an injury, such as a non-Hodgkin’s lymphoma diagnosis, and its association with Roundup exposure. The process involves sharing extensive personal and medical information. Each state has its statute of limitations for product liability lawsuits, generally ranging between two and four years.

Additionally, those who were required to use Roundup at their workplace might also be able to file a claim against their employer, especially if they were not provided with adequate safety equipment or training.

The Roundup lawsuits have crucial implications for stakeholders, particularly Monsanto, Bayer, and legal firms. The significant financial liabilities and potential regulatory impacts necessitate the need for stakeholders to stay abreast of ongoing developments in this high-profile litigation landscape.