Bayer AG is facing a new legal challenge to its proposed $7.25 billion settlement related to claims that its glyphosate-based weedkiller Roundup herbicide caused non-Hodgkin lymphoma, a type of blood cancer. A coalition of 14 law firms representing nearly 20,000 plaintiffs has asked a Missouri court to intervene in the agreement, arguing that the deal may not adequately compensate affected individuals. The firms also requested a 60-day extension before the court considers preliminary approval, arguing that the scale and terms of the settlement require a broader examination.
In their filing, the lawyers wrote, “It is hard to escape the impression that the proposed settlement would give Monsanto everything it desires – a near-complete release of liability for Monsanto and its parent company, Bayer AG – while giving inadequate consideration to many putative class members.” The settlement proposes payments ranging from $10,000 to $165,000 for individuals diagnosed with or who may develop the disease.
The law firms also raised concerns that the compensation structure favors occupational users, such as farmers, over residential users. According to their motion, a farmer diagnosed with aggressive illness before age 60 could receive about $165,000, while a presidential claimant with similar circumstances might receive roughly $40,000. Bayer responded that it anticipated debate over the proposal.
In a statement, the company said, “We remain confident that the long-term and well-financed proposed class settlement plan, which is supported by plaintiff law firms representing thousands of potential class members, is fair to all claimants, and warrants approval by the court.” Meanwhile, the U.S. Supreme Court is scheduled to hear arguments in April on whether federal law limits failure-to-warn claims related to glyphosate products.
