Bayer Proposes $7.25 Billion Settlement to Resolve Roundup Cancer Lawsuits

In TAMPA, Fla. (The Hill), Monsanto has agreed to a substantial $7.25 billion settlement with thousands of plaintiffs who claim that exposure to its Roundup weedkiller led to the development of cancer.

This tentative class action settlement aims to address both existing and future claims from individuals who have been exposed to Roundup and subsequently diagnosed with non-Hodgkin lymphoma.

Currently, the agreement awaits judicial approval to become finalized.

Christopher Seeger, an attorney representing the plaintiffs, hailed the settlement as “a historic step” that seeks to deliver justice and financial compensation to countless individuals nationwide who developed non-Hodgkin lymphoma due to Roundup exposure, according to his written statement.

Bill Anderson, CEO of Bayer, which owns Monsanto, said in a written statement that the settlement provides an “essential path out of the litigation uncertainty and enables us to devote our full attention to furthering the innovations that lie at the core of our mission: Health for all, Hunger for none.”

The agreement comes as the Supreme Court has agreed to review whether some pesticide exposure claims, including some linked to Roundup, are not legally sound because they are preempted under federal pesticide laws.

That case, which was taken up at Bayer’s request and supported by the Trump administration, is still expected to proceed. While a Roundup claim is at the center of that case, it could apply to pesticides across the board.

Meanwhile, Seeger told reporters that more than 40,000 people could be covered by the proposed settlement.

But the settlement would eliminate some of the risk from an eventual Supreme Court ruling. Patients would be assured of receiving settlement money even if the Supreme Court rules in Bayer’s favor. And Bayer would be protected from potentially larger costs if the high court rules against it.

In 2020, Bayer agreed to a separate $10 billion settlement related to non-Hodgkin lymphoma claims.

A Bayer official noted on a media and shareholder call that the 2020 settlement was a short-term, limited settlement while the new proposed agreement was a long-term compensation program.

Settlement payouts to the sick would vary

More than 125,000 plaintiffs have lodged legal claims over Roundup since 2015, according to the settlement documents. Few have gone to jurors, with 13 verdicts for Bayer and 11 for plaintiffs, including a $2.1 billion award by a Georgia jury last year. Others already have been resolved through separate settlements, including two recent ones that would take care of about 77,000 of the claims, the court documents said.

The newly proposed nationwide settlement is designed to address most of the remaining lawsuits, as well as any additional cases brought in the coming years by people who were exposed to Roundup before Tuesday. If too many plaintiffs opt out of the proposed settlement, Bayer said it reserves the right to cancel it. But Bayer did not specify how many opt-outs would have to occur.

The deal calls for Bayer to make annual payments into a special fund for up to 21 years, totaling as much as $7.25 billion. The amount of money paid out to individuals would vary depending on how they used Roundup, how old they were when diagnosed and the severity of their non-Hodgkin lymphoma.

An agricultural, industrial or turf worker exposed at length to Roundup would receive an average of $165,000 if they were diagnosed with an aggressive form of the illness while younger than age 60, according to the proposed settlement. Meanwhile, a residential Roundup user diagnosed between the ages of 60-77 with a less aggressive form of the illness would receive an average of $20,000. And those diagnosed at age 78 or older would get an average of $10,000.

“No settlement can erase a diagnosis, but this agreement is designed to ensure that both today’s and tomorrow’s patients have access to meaningful compensation,” said Seeger.

Whether that compensation seems meaningful to patients remains to be seen. Attorney Matt Clement, who represents about 280 Roundup plaintiffs, said he was surprised by the proposed settlement and expects a lot of his clients will opt out.

The proposed payouts “are exceedingly too small,” Clement said.

The Associated Press contributed to this report.

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