Order shines light on proposal that could limit monetary damages in cancer lawsuits linked to weedkiller
SAN FRANCISCO, Oct. 20, 2021 /PRNewswire/ -- A panel of judges has shut the door on an attempt by Bayer (OTCMKTS: BAYZF) and its Monsanto subsidiary to quietly settle a group of lawsuits under terms that threatened to restrict much larger multidistrict litigation (MDL) over the herbicide Roundup, potentially affecting thousands of cancer victims and even those not yet diagnosed.
The Oct. 8 ruling by the Judicial Panel on Multidistrict Litigation relates to a group of lawsuits focusing on Monsanto's failure to warn consumers who simply purchased the products. But important terms of the settlement could potentially extend to lawsuits filed by cancer victims. In its order, the judicial panel transferred the lawsuits and the proposed settlement to U.S. District Judge Vince Chhabria in San Francisco, who presides over the larger cancer-related MDL. Judge Chhabria has twice rejected settlements proposed by Monsanto.
Trial lawyer Majed Nachawati of Dallas-based Fears Nachawati law firm, which represents thousands of individuals who have developed non-Hodgkins lymphoma after exposure to Roundup, called Monsanto's action a cynical attempt to circumvent Judge Chhabria.
"Judge Chhabria has the experience and knowledge to handle these lawsuits fairly, and Monsanto is scared of that," Mr. Nachawati said. "This gambit shows the lengths that this company will go to limit access to justice for those sickened by exposure to Roundup."
Click here to see video of Mr. Nachawati discussing the developments.
The order notes that defendants like Monsanto are bound by law to inform the panel about such "tag along" litigation and had not done so in this case. The judges ordered Monsanto to make sure the panel is aware of any other such cases.
To date, three bellwether trials have produced multimillion-dollar verdicts, finding that exposure to the glyphosate-based weedkiller caused cancer. All three verdicts have been affirmed on appeal.
The multidistrict litigation is In re: Bayer Roundup Products Liability Litigation, case number 3:16-md-02741.
Fears Nachawati Law Firm represents individuals in mass-tort litigation, businesses and governmental entities in contingent litigation, and individual victims in complex personal injury litigation. One of the largest and most diverse products liability law firms in the nation, Fears Nachawati was ranked No. 1 nationally in products liability filings in federal court over the past three years, according to Lex Machina. For more information visit https://www.fnlawfirm.com.
SOURCE Fears Nachawati Law Firm