Case Info
Roundup Weed Killer Linked to Cancer
Roundup is one of the most popular chemicals used in agriculture and gardening in the U.S. and around the world. It contains the weed killer, glyphosate, which has been designated by the World Health Organization (WHO) to cause certain types of cancer. Roundup was previously manufactured by chemical giant, Monsanto until the company was acquired by Bayer in 2018.
After many years of denial regarding glyphosate’s link to cancer, in 2017, following a number of new lawsuits filed against Monsanto, internal company emails were unsealed by a federal judge. The emails indicated that Monsanto knew about the likelihood that Roundup caused cancer and undertook drastic actions to conceal that information from the public, including pressuring governmental agencies to take part in a massive cover-up.
After the disclosures, the number of lawsuits against Monsanto skyrocketed. Monsanto was acquired by Bayer for $63 billion in 2018, meaning Bayer is now also a party to the litigation.
Several types of non-Hodgkins Lymphoma have been linked to use of Roundup including:
- B-Cell Lymphomas
- Diffuse Large B-Cell Lymphoma (DLBCL)
- Chronic Lymphocytic Leukemia/Small Lymphocytic Leukemia
- Follicular Lymphoma
- Marginal Zona Lymphoma
- Mantle Cell Lymphoma
- Hairy Cell Lymphoma
- T-Cell Lymphomas
- Anaplastic Large-Cell Lymphoma (ALCL)
- Angioimmunoblastic T-Cell Lymphoma (AITL)
Bayer is facing thousands of Roundup glyphosate lawsuits filed by people who have been diagnosed or had loved ones die after being diagnosed with cancer. Bayer has stated that they have reserved about $11 billion for resolution of Roundup cancer claims, later adding $2 billion for future claims which may be made.
Roundup Use
Roundup was introduced in the 1970s as a broad-spectrum herbicide, containing glyphosate. By 1980, it was the best-selling herbicide on the U.S. market and has seen use in large-scale agriculture including food production, landscape maintenance and was sold as a consumer product for home-gardeners and lawn care.
In agriculture, Roundup is used both as a weed-preventative and to remove vegetation so that produce can be harvested sooner and with less labor. For home users, the herbicide is sold in both bulk liquid form to mix, and in convenient spray bottles that are premixed and ready to use. Roundup is one of the most widely-advertised products in U.S. history and served as a flagship product for the multi-billion-dollar company Monsanto.
Pharmaceutical and health products giant, Bayer, acquired Monsanto in July 2018 for $63 billion. As part of the merger, Bayer assumed liability for hundreds of Roundup lawsuits against the company. Bayer announced in 2019 that they would be resolving an estimated 125,000 cases and had set aside about $11 billion for settlements.
Roundup Cancer Lawsuits Go to Trial
The first Roundup cancer lawsuit was filed by a gardener who had used Roundup in his work for many years and had been diagnosed with non-Hodgkin’s lymphoma. Dozens of lawsuits followed, and after the 2017 disclosures of Monsanto malfeasance were made, the number of lawsuits exploded to over 11,000. Federal lawsuits were consolidated into multidistrict litigation (MDL) in the U.S. District Court for the Northern District of California.
The first case went to trial in August of 2018, resulting in a $289 million award for landscaper Dewayne Johnson including $250 million in punitive damages and $39 million in actual or compensatory damages. The award was reduced to $79 million by the judge, including $40 million in punitive damages. The case has been appealed by Bayer and has not been decided.
This judgement was followed in February of 2019 in a lawsuit by Edwin Hardeman, who claimed that decades Roundup use on his property caused his non-Hodgkin’s Lymphoma. The California jury awarded Hardeman $80 million for his injuries, including $5 million in compensatory damages and $75 million in punitive damages. This was reduced to $26 million by the court, including $20 million in punitive damages. Though Bayer appealed the judgment, the award was upheld by the panel in May of 2021.
Most recently, a couple, Alva and Alberta Pilliod were awarded a collective $2 billion, or $1 billion each, including $55 million in actual or compensatory damages. Though the Hardeman case has been upheld on appeal, the Johnson and Pilliod cases are still under appeal under a separate judge. Experts have stated that the billion-dollar punitive award for Pilliod will likely be reduced to a more customary amount of one to four times the compensatory damages.
In 2019, Bayer estimated that claims number may reach as high as 125,000 cases and Federal Court Judge Vince Chhabria has stated that the company may be purposefully delaying settlement agreements to minimize and cap damages. Judge Chhabria is overseeing hundreds of cases and was the judge of record in the Hardeman case, which resulted in a settlement for the plaintiff. Prior results do not guarantee or predict a similar outcome in any future matter.
Monsanto Hides Cancer Link
Monsanto was accused of manipulating its own research which showed a link between glyphosate and cancer. Though the World Health Organization (WHO) had declared glyphosate to be a potential carcinogen, Monsanto continued to pressure U.S. governmental agencies like the U.S. Environmental Protection Agency (EPA) to refrain from publishing any negative information about Roundup. In fact, some evidence shows that the company acted as a ghost-writer for safety reports, press releases and other documents issued by the EPA.
Internal company emails show the company was involved in improper supervision and safety activities for years, including after world-wide acknowledgement of cancer risk had already begun. Despite these disclosures and lawsuit awards, Bayer still insists that the chemical is safe, and it is still being marketed and sold in the U.S.
World health groups and citizen advocacy organizations have indicated that they believe Roundup-related non-Hodgkin’s lymphoma is not the only problem caused by glyphosate. Some health advocates say that it may cause other illnesses, including several types of cancer, though no studies have emerged to show evidence. Current links to cancer include several types of non-Hodgkin’s Lymphoma including both B-cell Lymphomas and T-cell Lymphomas.
Roundup may also be a threat to people who have not even used the product, including children. Recently, a survey found high levels of glyphosate in a number of food products in U.S. grocery stores, including produce and packaged goods, like children’s cereal.
Filing a Roundup Cancer Lawsuit
Roundup lawsuits have not been limited to agriculture or farming professionals but have included regular consumers who used the products at home. Thus far, lawsuits have only included blood cancer types in the non-Hodgkin’s Lymphoma category, but some advocates say that other health threats may also be caused by Roundup.
Currently, known cancer links include:
B-Cell Lymphomas:
- Diffuse Large B-Cell Lymphoma (DLBCL)
- Chronic Lymphocytic Leukemia/Small Lymphocytic Leukemia
- Follicular Lymphoma
- Marginal Zona Lymphoma
- Mantle Cell Lymphoma
- Hairy Cell Lymphoma
T-Cell Lymphomas:
- Anaplastic Large-Cell Lymphoma (ALCL)
- Angioimmunoblastic T-Cell Lymphoma (AITL)