What Is The Payout For A Roundup Lawsuit? July 2024
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What Is The Payout For A Roundup Lawsuit? July 2024
Summary
- Roundup lawsuits remain active with no new settlements as of June 2024.
- You can still file a claim and receive funds from the global settlement.
- Plaintiffs receive more funds but risk more with individual lawsuits.
Roundup, a common herbicide used by the general public and commercial growers, has been under scrutiny for many decades for harm caused to the environment and users’ health. Developed by Monsanto and acquired by Bayer in 2018, Roundup has been linked to severe illnesses, including several types of cancer and neurological disorders.
In the last several years, the public has made many efforts to draw attention to the regulation of Roundup. Victims have also sought compensation for the medical conditions they suffered as a result of its use.
Has Anyone Received Money From the Roundup Lawsuit?
Yes. Over 100,000 individuals received compensation from Roundup lawsuit settlements. The Roundup settlement checks issued so far have totaled billions of dollars. These amounts arose from jury verdicts, negotiated agreements, and court-mediated resolutions.
Receiving money from Roundup lawsuit settlements typically involves several stages. It starts with filing a claim and presenting evidence. Then, a plaintiff or their attorney negotiates with Bayer’s legal counsel. Finally, the court overseeing the case approves any payouts or settlements.
What Is the Average Payout for a Roundup Lawsuit?
Calculating the Roundup lawsuit settlement amounts per person is complicated due to a few factors. First, if you join a class action lawsuit, the individuals in the class will not divide the class settlement equally. For example, if you have a class of 100 people that wins $100 million, that does not guarantee each person will receive $1 million.
Instead, those funds will be divided according to each person’s losses. The family of someone who died might receive more than someone whose cancer responded to chemotherapy.
Second, many of those who received a Bayer Roundup settlement must agree to keep the terms confidential. Companies involved in this mass tort do this to prevent lawyers from knowing the potential amount of Roundup settlement checks. Bayer likely hopes the uncertainty will cause injured victims and lawyers to hesitate in filing a claim.
Third, Bayer deliberately followed a strategy of fighting only its most robust cases. This strategy resulted in wins for Bayer in nine out of 18 trials. If you average the amounts paid, you end up with many zeros when you account for the risk of losing.
Roundup Lawsuit Settlement Amounts per Person
What is the average payout for a Roundup lawsuit? The caveats above make this impossible to answer. However, you can look at the “global” settlement and several individual damage awards to understand the possible outcomes of your Roundup case.
The Roundup lawsuit settlement amounts cover a wide range. Some individuals (including the very first individual to sue Monsanto) were awarded settlements in the millions, while others received a few thousand dollars for their illnesses. To date, over 100,000 Roundup cases have been resolved, and over 4,000 are pending.
The first case alleging Roundup-related injuries happened in California. A school groundskeeper who came into regular contact with Roundup developed terminal non-Hodgkin’s lymphoma. In 2018, a jury awarded him $39 million in compensatory damages and $250 million in punitive damages for a total award of $289 million.
This loss by Monsanto (purchased by Bayer that same year) foreshadowed two more losses in California courts. Alva and Alberta Pilliod alleged that they both developed non-Hodgkin’s lymphoma due to regularly applying Roundup on three properties they owned. In 2019, a jury awarded them over $2 billion, although the judge in the case reduced the damage award to $87 million.
In a separate California case that year, a jury awarded a property owner over $80 million, although the trial court reduced the award to $20 million to avoid Constitutional issues. The victim developed non-Hodgkin’s lymphoma after using Roundup on his property for over 20 years.
After those verdicts, Roundup plaintiffs hit a dry spell for about four years. To avoid these eye-popping headlines, Bayer only went to trial in cases it thought it could win. The result was eight consecutive wins between 2021 and 2023. Many of these cases involved questionable links between the victims’ illnesses and Roundup.
Global Class Action Settlement
Bayer’s winning streak was somewhat deceptive. While Bayer was winning these cases, it simultaneously offered a “global settlement” to end 100,000 claims in a class action lawsuit against it. The $10.9 billion Roundup class action settlement included $9.6 billion to resolve the pending cases and $1.25 billion to deal with future cases.
The settlement averaged $96,000 per plaintiff in the pending cases. However, Bayer set up a complex point system to allocate these funds based on several factors, including:
- Victim’s age
- Cancer type
- Treatment outcome
- Earning capacity
Victims in the lower tier might only receive a few thousand dollars, while those in the higher tier might receive a few hundred thousand dollars.
Recent Successes
Victims do not need to accept the global settlement. Those who think they can get more can still pursue individual lawsuits. As of June 2024, the company still has 4,285 cases pending in the multi-district litigation in the North District of California and 40,000 active Roundup suits over. There have been no settlements so far, and trials continue in these cases.
Since 2023, Roundup victims prevailed in six out of seven trial verdicts. The most recent verdict in January 2024, a Pennsylvania man won $2.25 billion after a jury connected his non-Hodgkins lymphoma to 20 years of Roundup use on his property.
Successful verdicts may continue for two reasons. One is that Bayer might have run out of weaker cases to take to trial, so it is trying and losing stronger cases.
Two, victims likely feel encouraged by the class action settlement. Bayer settled its class action lawsuit because it knew it could get hit with a significant damage settlement. Individual plaintiffs are making the same calculation when they bypass the certainty of the global settlement.
How Much Will I Get From My Roundup Settlement?
The amount of your settlement depends on the losses you suffered. It also depends on the route you take to get there.
If you take the class action settlement, your settlement depends on a table of factors that places you into a settlement tier. The top tier receives a few hundred thousand dollars.
If you file a lawsuit, you can recover much more, possibly tens or hundreds of millions of dollars. But you could also lose your lawsuit and recover nothing.
When Will I Get My Roundup Settlement Check?
You can apply for your class settlement now. However, Bayer will issue checks once all claims are settled. You may have to wait two to three years to receive your check.
If you file an individual lawsuit seeking more, you could face years of litigation before your case settles. Once that occurs, Bayer will likely require you to sign a nondisclosure and settlement agreement. It may take time to negotiate those terms and arrange for signatures. You will receive a check once that occurs.
Roundup Lawsuit Eligibility & Requirements
Anyone who developed non-Hodgkin's lymphoma or other types of cancer after exposure to Roundup is eligible to file a Roundup lawsuit. These individuals include those who used Roundup in their professional or personal capacity:
- Farmworkers
- Farmers
- Landscapers
- Groundskeepers
- Gardeners
- Garden center workers
- Homeowners
Moreover, the family members of victims, particularly those who have lost a loved one due to diseases associated with Roundup exposure, can file a lawsuit on behalf of the deceased.
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