Roundup Lawsuit Compensation – Millions Paid to Roundup Users

Bayer has paid millions of dollars to plaintiffs around the U.S. In addition, in 2020, it set aside nearly $10 billion to settle the then-pending thousands of lawsuits filed across the country which were consolidated into a class action in the Northern District of California, i.e., the Roundup Multi-District Litigation (RMDL).

Bayer has earmarked an additional $4.5 billion for future claims, although this is pending Bayer’s appeal to the U.S. Supreme Court in Monsanto v. Hardeman. In that appeal, which is a long-shot, Bayer is asking the Court to find that a federal insecticide labeling law preempts state law and therefore, all Monsanto lawsuits filed under state law are essentially void. The appeal is expected to fail, after the EPA filed a brief with the U.S. Supreme Court arguing that the federal law at issue does not preempt state law product injury claims in the Monsanto cases. In other words, the EPA is indicating that state-based Monsanto claims are allowed.

State Law Claims – Pennsylvania & New Jersey Roundup Lawsuits

Product Liability Claims in Roundup Lawsuits

Under state law, a product manufacturer may be held liable when its product causes injury. In the Roundup cases, the primary claim is that Monsanto failed to warn users of the risk between the product and cancer.

Time Limit to File a Roundup Lawsuit

Generally, the injured party in a product injury case, including those filed in Pennsylvania or New Jersey, has 2 years from the date of the injury to file a claim against the responsible party. The exact time period varies from state to state. Some states give plaintiffs up to 3 years to file product injury claims. If you fail to file your claim within the state-specific time limit, your claim will be barred.

However, in some cases, the discovery rule might apply. This rule allows a plaintiff to start the two year clock at a later date, i.e., when they reasonably should have learned of the link between the product and the injury.

In Roundup cases, the clock might start ticking on any one of these dates:

• the date you/loved one was diagnosed with cancer
• the date your loved one died
• the date you learned (or should have learned) about the link between Roundup and cancer

Philadelphia (State) Court Roundup Litigation

In May 2022, Philadelphia’s Complex Litigation Center consolidated nearly 100 lawsuits in a class action, In re Roundup Products Litigation. This class action includes typical claims against Monsanto, in addition to a claim against a Radnor, PA company, Nouryon, a global chemical company. The class action lawsuit claims that Nouryon manufactured a component in Roundup that makes it more toxic.