U.S. judge OKs refunds for customers in suit that says Monsanto masked Roundup's cancer risks

A federal judge has tentatively approved small refunds for customers in a lawsuit accusing Roundup's manufacturer of hiding cancer risks.

According to a recent story by Bob Egelko in The San Francisco Chronicle, buyers of the weed killer in recent years would be eligible for 20% refunds. 

The amount would be minuscule, however — between 50 cents and $33, depending upon the amounts of 19 versions of the herbicide purchased "during a period determined by the statute of limitations in their state."

Gillian Wade

As an example, the story cites California, the state in which the ruling jurist, U.S. District Judge Vince Chhabria of San Francisco, resides. 

There, Egelko's article quotes Gillian Wade, a lawyer for the plaintiffs, as saying, the judgment would mean a refund based on "one product per year for the last five years if they no longer have a receipt or other proof of purchase, and more products if they have such documentation."

The proposed settlement calls for Bayer, the parent company of Monsanto, the giant agribusiness that makes Roundup, to pay between $23 million and $45 million, depending on the claims. Of that amount, the Chronicle story says, "up to 25% would go to attorneys for legal fees and costs, and the rest to customer refunds."

Despite Chhabria's ruling, which seemingly validates the nationwide settlement of the lawsuit accusing Monsanto of false advertising, the company continues to describe the product "as perfectly safe."

Egelko's story notes that Monsanto still cites the weed killer's "approval since 1991 by the U.S, Environmental Protection Agency. But the International Agency for Research on Cancer, an arm of the World Health Organization, classified the herbicide's main ingredient, glyphosate, as a probable cause of human cancer in 2015. And the EPA has now offered to allow California to place cancer warning labels on Roundup sold in the state."

The settlement is separate from the tens of thousands of suits filed against Monsanto and Bayer by people diagnosed with cancer after spraying Roundup, the world's most popular weed killer, on their crops. San Francisco Bay Area juries alone already have awarded damages of $133 million in three of those cases, and just recently the U.S. Supreme Court denied review of Monsanto's appeal of the award to one of the plaintiffs, Edwin Hardeman, a former school groundskeeper in Benicia who was diagnosed with non-Hodgkin's disease in 2015.

Chhabria's ruling, the judge emphasized, doesn't hinder any customer's right to sue for any illness or other harm caused by the weed killer.

He is scheduled to finalize his approval of the refunds in January.

Information on other lawsuits related to diseases can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

30,000 suits against weed-killer still in play

Bayer, parent of Monsanto, agrees to pay $10 billion to thousands who claim Roundup caused their cancer

Bayer AG has unexpectedly agreed to pay $10 billion in cancer settlements in regard to the world's most widely used weed-killer.

According to a story by Hannah Denham in The Washington Post, the German company, the world's largest seed and agrochemical maker that had merged with agribusiness giant Monsanto in a $63 billion deal, "will allocate between $8.8 billion and $9.6 billion to resolve the current Roundup litigation."

That will cover "75 percent of the 125,000 current filed and unfixed claims that the product leads to non-Hodgkin's lymphoma" — meaning that some 30,000 suits remain unsettled.

Judge Vince Chhabria

In addition, Bayer "will also pay $1.25 billion for a separate class agreement for potential future claims, which will be subject to approval in the U.S. District Court for the Northern District of California by Judge Vince Chhabria," Denham's piece reports.

Although agreed to, the settlements have yet to be signed and sealed.

At the time of the 2018 merger, and since, Monsanto has "maintained that glyphosate — the active weed-killing ingredient in Roundup — had a history of safe use, and Bayer has echoed that since its acquisition."

In 2015, however, the International Agency for Research on Cancer, an arm of the World Health Organization, proclaimed that the herbicide was "probably carcinogenic to humans."

Details of the settlements became public today, only one day after U.S. District Judge William Shubb, ignoring the verdicts of three California juries against Monsanto, had issued a permanent injunction against the state's requiring a warning label on the pesticide.

Plaintiffs in those cases had won nearly $300 million. Monsanto, however, will continue to appeal all of them, and the settlements — which involved negotiations with 25 different law firms — do not apply to any of the three.

Lawyers for the plaintiffs, according to EcoWatch, an environmental website, had “argued that the [Environmental Protection Agency's earlier] insistence that Roundup does not cause cancer is spurious since there was evidence the company had unduly influenced the federal agency and had ‘ghost-written’ purported research studies on the product’s safety.” 

EcoWatch strongly suggested that the settlement, one of the largest ever in U.S. civil litigation, came about because of "the spate of lawsuits and their legal fees [that made Bayer] lose 40 percent of its value."

The plaintiffs also alleged, the website's story said, that “Bayer manipulated studies and deceived the scientific community to make glyphosate seem safer than it actually is, according to Reuters.”

The Post article noted meanwhile that "Bayer said that the settlement was a unanimous decision from the company's board of management, supervisory board and input from the special litigation committee, adding that the settlement doesn't mean an admission of liability or wrongdoing."

The piece indicated further that "chief executive Werner Baumann said in a statement that the action allows the company to 'bring a long period of uncertainty to an end.'" 

More information on court cases alleging that products cause disease can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.