Outcry grows over deal that would allow Bayer AG to continue selling cancer-causing herbicide while shielding it from future cancer claims
Bayer AG (OTCMKTS:BAYRY)
SAN FRANCISCO, CA, UNITED STATES, March 5, 2021 /EINPresswire.com/ — A new court challenge is asking the federal judge overseeing thousands of Roundup weed killer cancer lawsuits to reject a proposed settlement that would allow Roundup maker Bayer AG (OTCMKTS: BAYRY) to continue selling the glyphosate-based herbicide while shielding it from future cancer lawsuits.
The motion filed Thursday by trial lawyers at Dallas-based Fears Nachawati Law Firm raises numerous questions about the proposal and highlights growing criticism of plaintiffs’ lawyers who have already negotiated with Bayer AG to obtain favorable settlements for their existing clients that would not be available to individuals not yet diagnosed. The motion describes the deal as “a one-way street that provides no benefits and imposes many burdens.”
Under the proposed settlement, individuals who were exposed to Roundup but had not filed a cancer claim by Feb. 3, 2021 would not be allowed to participate in class-action litigation and seek punitive damages in litigation and instead could only obtain compensation based on a multitiered formula. The challenge is filed on behalf of four plaintiffs – including three diagnosed with non-Hodgkin’s lymphoma – who have been exposed to Roundup and had not filed a lawsuit by Feb. 3. Bayer acquired the ownership rights to Roundup when it purchased Monsanto in 2018.
“It is fundamentally unfair, and at odds with basic due-process protections, to force someone to opt out now when she has no idea what her circumstances might be if she becomes injured,” the motion states.
“This proposed settlement is opposed by those most familiar with the litigation of cases involving dangerous products like Roundup because they recognize that this proposal would benefit Monsanto and class counsel at the expense of millions of people exposed to Roundup,” the motion states. “This is not a real lawsuit, but an effort to create an alternative dispute resolution mechanism in the guise of a class-action settlement.”
“There is no good reason why the class is limited to those who have already been exposed when Monsanto has no intention of stopping the sale of Roundup, or changing its composition, so that thousands of individuals will continue to run the risk of contracting [non-Hodgkin’s lymphoma] from Roundup through post-February 3, 2021 exposure. If this were a real lawsuit, why would any class representative (or class counsel) create a wholly artificial cut-off date and not include everyone who will be exposed to Roundup in the future?”
The multidistrict litigation (MDL) is In re Roundup Products Liability Litigation, case number 3:16-md-02741, in the U.S. District Court for the Northern District of California.
Dallas-based Fears Nachawati Law Firm represents more than 4,000 individual plaintiffs in active litigation against Bayer and continues to investigate new claims on behalf of those sickened after exposure to Roundup. For the past three years, the law firm was ranked number one nationally in product liability filings in federal court. For more information, visit https://www.fnlawfirm.com/.
Source: EIN Presswire