One of the core values of the American justice system is for a jury to decide the outcome of a case. This includes not just criminal trials but also civil ones. This balanced system ensures that corporations like Bayer/Monsanto are accountable for wrongful actions. Many times class actions or mass torts are the only deterrents to stopping these harmful acts. Acts that can injure or kill hundreds of thousands of Americans. However, there is a troubling settlement plan with Bayer/Monsanto concerning non-Hodgkins lymphoma and Roundup use. The settlement will remove any future litigation decision from a jury and place it into a Bayer approved scientific panel. Incredibly, this proposal is backed by a select group of greedy class action attorneys and opens the door for pharmaceutical companies to prevent fair settlements for years to come.
The Roundup Settlement
Bayer acquired Roundup, the word’s most common pesticide when it purchased Monsanto (the original manufacturer) two years ago. After years of denying the non-Hodgkins lymphoma links of its popular weed killer, Roundup, Bayer began paying the price for their denials in the form of huge jury verdicts. In 2018, A jury awarded $289 million to a school groundskeeper. Then, another jury in 2019 awarded $2 billion to a couple who used Roundup for decades. The company still faces thousands of other claims. Therefore, it agreed to pay more than $10 billion to settle class-action lawsuits along with an additional $1.25 billion for any future cases.
The recent $10 billion settlement will dispose of many, but not all, current Roundup cancer cases. However, there are likely to be thousands of future cases. This is where Bayer and the attorneys in their pocket have devised a morally corrupt proposed class action plan to sabotage the right to a jury trial to all future Roundup victims.
Roundup Class Action Proposal Denies a Jury Trial for Future Claims
As part of the $1.25 billion proposed class action, there will be a moratorium on filing of future Roundup cases. Bayer would instead establish a five-member “expert” scientific panel. The panel will be the only determining factor in deciding if the active ingredient in Roundup, glyphosate, causes cancer. They will also explore the dangers of dosage and exposure levels. If the panel finds glyphosates as a carcinogen, Bayer cannot dispute this evidence for any future class actions. However, scarily, this scientific panel is the lone decision-maker as to the dangers of Roundup. This puts scientists and greedy attorneys, who very well could have financial incentives to side with Bayer, as the ones deciding the best interest of the future of hundreds of thousands of injured Americans instead of impartial jurors.
Also, Bayer is determined that the panel will not find a link. Bill Dodero, Bayer’s global head of litigation, said he was “confident” that the science panel in the class action settlement would find no link between Roundup and non-Hodgkin lymphoma.
“We want the discussion about science,” Dodero said. “And that’s what this whole settlement is meant to do: return the conversation to science. We think that’s where the parties’ debate is best served.”
This Roundup class action settlement gives Bayer the final word on Roundup, which is dangerous since it has said for decades that the product is safe. Plus, there are no plans for a market withdrawal of the product.
Diminished Compensation
Even if the scientific panel does find a link between glyphosate and non-Hodgkin’s lymphoma, class members could file their lawsuit but only for compensatory damages. They will not be able to receive punitive damages or medical monitoring. Punitive damages are extra awards by the court’s discretion when the defendant’s behavior is considered especially harmful. Last year, a jury awarded a couple $2.4 billion in punitive damages for their Roundup injuries. Bayer’s primary goal is to stop paying victims of their harmful product while still keeping it on the shelf. Greedy class action attorneys are allowing them the accomplish this.
Greedy Class Action Attorneys
Bayer has exploited three greedy class action firms. These firms do not have the experience or dedication that many attorneys like those at The Michael Brady Lynch Firm do. Instead, these attorneys are willing to accept a potential payment of $150 million in settlement fees while discounting the suffering of hundreds of thousands of Roundup victims all over America. Most of their clients are poor agricultural workers. Many do not know this proposal is a violation of the 7th Amendment’s right to a jury trial. Instead, lead plaintiffs counsel for the class action settlement pointed to the medical services received under the settlement while ignoring the damaging implications the scientific panel will have. Chances are their victims are clueless that this proposed class action settlement will spell the end of their future claim. Just as importantly, the class proposal could set a dangerous precedent in other ligations involving different dangerous drugs and products for years to come.
Ask Our Experts
This Roundup class action settlement shows the importance of having an experienced and knowledgable attorney. The nationally regarded attorneys at The Michael Brady Lynch Firm regularly receive co-counsel requests by firms across the country. This is due to our expertise in pharmaceutical and complex litigation. Hence when clients work with Lead Trial Attorney and founder Michael Brady Lynch or his team of knowledgeable associates, they know they will receive the utmost care and personal touch in their individual case.
Most of all, our law office is resourceful and dedicated to pursuing any compensation you are due. Because of this, we have received a high degree of peer recognition and professional achievement. This includes inclusion on numerous Plaintiff Steering Committees. We will take whatever legal measures are necessary when fighting for your rights to damages.
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