On June 24, 2020, Bayer announced a series of agreements that will substantially resolve major outstanding Monsanto litigation, including U.S. Roundup™ product liability litigation. The U.S. Roundup™ resolution will bring closure to approximately 75% of the current Roundup™ litigation involving approximately 125,000 filed and unfiled claims overall. The resolved claims include all plaintiff law firms leading the Roundup™ federal multi-district litigation (MDL) or the California bellwether cases, and those representing approximately 95% of the cases currently set for trial, and establish key values and parameters to guide the resolution of the remainder of the claims as negotiations advance.
- The company will make a payment of $8.8 billion to $9.6 billion to resolve the current Roundup™ litigation, including an allowance expected to cover unresolved claims, and $1.25 billion to support a separate class agreement to address potential future litigation.
- Those participating in the settlement will be required to dismiss their cases or agree not to file.
- The range of $8.8 billion to $9.6 billion covers both the agreements already signed and those that are still under negotiation.
- The separate class agreement includes the establishment of a class of potential future plaintiffs and the creation of an independent Class Science Panel. The Class Science Panel will determine whether Roundup™ can cause non-Hodgkin’s lymphoma (NHL), and if so, at what minimum exposure levels.
- The agreed funding for the class agreement is capped at $1.25 billion and will support research into treatment of NHL, NHL diagnostic programs in underserved areas, and assistance payments to class members who develop NHL before the Class Science Panel’s determination and are eligible on a need basis for assistance during that period.
- The Roundup™ class agreement provisions are subject to approval by Judge Vince Chhabria of the U.S. District Court for the Northern District of California, who presides over the MDL. This process will include notice to potential class members who will be given a 150-day period to opt out of the settlement.
- Customers, including farmers and other professional users who depend on glyphosate-based herbicides for their livelihoods, will see no change in the availability of Roundup™ products under the agreements.
- The three cases that have gone to trial – Johnson, Hardeman and Pilliod – will continue through the appeals process and are not covered by the settlement.
Read Bayer’s statement on the settlement here.
Learn more about the settlement here.