Roundup Class Action Lawsuit – When will I Get Paid?

In 2013, the World Health Organization (WHO) announced that glyphosate – an active ingredient in the herbicide known as Roundup – may cause cancer, specifically non-Hodgkin’s lymphoma (NHL). Two years later, glyphosate was officially added to the WHO’s list of carcinogens, setting off a flurry of lawsuits against Bayer, who acquired Monsanto, the maker of Roundup, in 2018. Lawsuits continued for the next few years, and in 2019, a California state jury awarded approximately $2 billion to Alva and Alberta Pilliod, who claimed they contracted non-Hodgkin’s lymphoma due to long-term exposure to Roundup. The following year, an agreement was reached where $10 billion would be set aside in an effort to settle claims with the remaining victims.

If you are one of these victims, we know the frustration you’re dealing with as Roundup works through the massive number of lawsuits. You’ve probably asked yourself more than once:

• How long do I have to wait to get paid for my Roundup lawsuit?
• What can I do if I didn’t get my check yet?
• Should I hire a new lawyer if I have not gotten paid yet?

There are some important updates regarding Roundup settlements that we would like to share with you. This information will hopefully shed some light on the questions you have, but please keep in mind that this is general information that may or may not apply to your case. For specific information on the status of your case and your available legal options, please give us a call and speak with one of our attorneys.

How Much can I Expect when I Get my Settlement?

We know that many of you reading this article have filed a Roundup lawsuit already, or you’re a member of California’s Multi-district class action lawsuit against Bayer. But some of you may be looking into this process for the first time. It’s not too late to file a Roundup lawsuit, though you should act on this as soon as possible. Thousands of lawsuits are still waiting in the state courts, and we expect many more based on the number of calls we receive at our law firm. Regardless of where you are with your Roundup lawsuit, you may be interested to learn about Bayer’s system for calculating settlement awards.

Settlements for Roundup cases are based on a system of “points,” which are used to determine the severity of the victim’s injuries and the strength of their case if it goes to trial. Points are based on a series of factors, and each point has a value of so many dollars. Here are just some of the factors Bayer considers when calculating a settlement amount:

• Age at which you were diagnosed with NHL.
• The scope of treatment needed by the patient.
• Amount of exposure (most relevant to groundskeepers and gardeners, who would receive the highest settlements).
• Risk factors for NHL (the less risk factors you have, the more liability Roundup has in your cancer diagnosis).
• If the patient died from Roundup exposure (wrongful death compensation).

If you haven’t done so already, make sure to discuss these points with a personal injury lawyer. Our attorneys can help you decide on a fair settlement amount and take action on your behalf to recover your award. On the other hand, you may be in the group of pending lawsuits that are slowly being settled by Bayer. In that case, your biggest concern is “When will I get my money?”

Why haven’t they Offered me a Settlement?

So let’s start with the good news: as of May 2022, around 100,000 cases have been settled by Monsanto. That’s about 80% of all victims who have been compensated for the harm that was done to them. The bad news is, there are still around 30,000 cases left. That’s a lot of cancer patients and loved ones of Roundup victims who are still waiting for justice.

Of the remaining cases, over 4,000 have been filed in California as a multi- district litigation (MDL) lawsuit. If you are part of this Roundup class action lawsuit, you should hopefully receive your check by the end of this year. But timelines can be thrown off by unexpected circumstances, as we saw with the COVID crisis. That’s been one of the biggest factors in settlement delays within the last two years. Additionally, the pandemic has caused a huge backlog in the California courts, where Roundup trials have been on hold for a year or more. So if you’re not happy with Bayer’s offer and want to argue your case is court, that would certainly add to the amount of time before you get paid.

Another problem that’s caused payment delays is Bayer’s appeal to the U.S. Supreme Court. Since Roundup lawsuits began, Bayer has spent considerable time and money fighting back against the link between cancer and their best-selling herbicide. In fact, they’ve consistently argued that the product has been cleared by the Environmental Protection Agency (EPA), which concluded that glyphosate is not carcinogenic when products are used as directed on the label. Furthermore, the EPA does not require Bayer to warn about cancer risks from prolonged exposure to Roundup. This has been Bayer’s biggest defense in Roundup lawsuits, but their position has been threated recently by a recommendation from the Biden Administration.

Big Win for Roundup Injury Victims

In August 2021, Bayer petitioned the U.S. Supreme Court to reverse the California court’s decision to award $25 million to Edwin Hardeman. This was a pivotal moment for Roundup cases for two reasons:

• If the California court’s decision is reversed, Bayer will be able to limit their liability in future Roundup cases.
• The reversal will affect the amount of compensation for plaintiffs with on-going lawsuits, since Roundup’s role in their cancer diagnosis will be significantly reduced.

Knowing the gravity of their decision, the Supreme Court asked the Biden Administration for their input. The administration’s Solicitor General Elizabeth Prelogar, recommended that the Court dismiss Bayer’s petition. In her recommendation, she cited Bayer’s argument regarding federal laws, which allowed for labeling that did not include cancer risks. Prelogar stated, “EPA’s approval of labeling that does not warn about particular chronic risks does not by itself preempt a state-law requirement to provide such warnings.”

According to Prelogar, states are allowed to require certain information on product labels, and federal guidelines do not take away that right. So Bayer cannot declare that EPA rules – specifically the Federal Insecticide, Fungicide and Rodenticide Act – preempt California’s “failure to warn” laws.

Bayer hasn’t given up, and it remains to be seen how the Supreme Court will handle their petition. While they wait for the Court’s decision, Bayer has put a hold on the remaining 30,000 lawsuits that are still waiting to be settled. We regret having to deliver bad news in the midst of this victory, but this may be another reason why your payment is help up. We here at Normandie Law Firm are keeping a close eye on this situation and doing all we can to reassure scared and frustrated clients. Hopefully, you’re receiving the same empathy and guidance from your own attorney. If not, you may have thought about your legal options, including your right to change lawyers.

Changing lawyers during a lawsuit is a big decision that requires careful thought and consideration. Our lawyers can assist you with this dilemma and help you make the best choice for your needs. Contact our office and schedule a free second opinion with one of our attorneys.

Our Recent Verdicts and Settlements

Should I Look for Another Lawyer?

This is a hard enough question during any lawsuit, but it’s even more complicated when you’re a Roundup victim. If you’re part of the remaining 30,000 claimants, there’s a good chance you’ll receive your check in the upcoming months. Then again, you have to consider Bayer’s hold on payments until they hear back from the U.S. Supreme Court. So if your issue is mainly about the long wait time as a class action member, that on its own may not be a good reason to change lawyers.

On the other hand, if you’ve filed a lawsuit on your own and it’s been months, maybe even a year or more, with no progress, that’s something you should definitely look into. Again, these lawsuits are complicated and there may be legitimate reason for the lack of action. But your lawyer should be contacting you on a regular basis, or returning your calls in a timely manner. If a week or more goes by before they contact you, or you have to keep calling before they answer your question, that’s not a good sign.

You may have other concerns that speak to your lawyer’s incompetence, or lack of commitment to you as a client. If you’d like some clarity on these issues, please come and see us for a free second opinion. During this consultation, one of our Roundup lawsuit attorneys can review your lawyer’s work to see how your case is being handled. If there are major concerns, they can advise you of your legal options, including the right to change lawyers. If you’d like to transfer your case to our firm, we’ll take of the necessary details, like notifying the court and your current attorney.

Don’t wait to speak to a lawyer if you’re unhappy with the way you’re being treated. Contact Normandie Law Firm and schedule a free second opinion consultation.

Help from a Roundup Lawsuit Attorney

Frankly, the ups and downs in the Roundup saga over the past 9 years have been astounding for us as lawyers. But the ones most affected by the twists and turns are victims, who are struggling with the daily losses brought on by cancer. We hope that the U.S. Supreme Court will keep this in mind as they decide on the fate of Bayer’s latest petition. In the meantime, we’ll continue fighting for the rights of Roundup victims and doing all that we can to bring them the compensation they’re entitled to.

Whether you’re in the middle of a lawsuit or looking into filing a lawsuit, our lawyers are here for you with the compassion and sound legal advice that you deserve. You also deserve high quality representation without having to worry about legal fees. That’s one thing you won’t have to deal with, even if you’re coming to us from another law firm. Under our Zero fee guarantee, there is no upfront cost to you at any point. Once we recover your injury award, our fees are paid directly by Bayer. And if we fail to win your case, there is no cost to you whatsoever since we only get paid if you get paid.

To learn more about how we can help you as a Roundup victim, please don’t hesitate to give us a call. We hope to see you soon during a free initial consultation or free second opinion.