Bayer’s $7.25B Roundup Settlement Faces Challenge as Cancer Victims Object to Deal

Bayer’s proposed $7.25 billion Roundup settlement is facing its first formal objections after lawyers representing 13 cancer patients asked a Missouri state court not to approve the deal and argued that the dispute should instead be heard in federal court.

The objectors filed a notice of removal in a Missouri federal court on Friday, contending that the case belongs there rather than in state court. They had already filed objections to the proposed settlement in state court on Thursday, describing the agreement as the product of “collusion” between Bayer and class action lawyers who stand to receive $675 million in legal fees.

The settlement, proposed in February, seeks to resolve nearly all lawsuits alleging that Bayer’s widely used weedkiller Roundup causes cancer through a new class action filed in Missouri state court. Judge Timothy Boyer granted preliminary approval in March and is expected to consider final approval of the settlement in early July.

Bayer is currently facing around 65,000 claims in US state and federal courts from plaintiffs who allege that they developed non-Hodgkin lymphoma and other forms of cancer after using Roundup at home or at work. The German pharmaceuticals and crop science company acquired Roundup when it bought Monsanto in 2018. Bayer has consistently maintained that decades of scientific studies have shown glyphosate — the key ingredient in Roundup — is safe and does not cause cancer.

Chris Seeger, one of the class action lawyers who negotiated the agreement, said the settlement would guarantee compensation at a time when a pending US Supreme Court ruling could threaten the ability of cancer victims to pursue successful claims.

“We welcome the opportunity to answer these objections at the July 9 final fairness hearing and remain confident in this agreement, which is backed by firms representing the vast majority of Roundup claimants,” Seeger said.

A spokesman for Bayer’s Monsanto unit said the removal notice had no merit because the class action was properly before a Missouri state court, where the overwhelming majority of claims had been filed. He added that the company remained confident the settlement would ultimately be approved.

The extent of support for the settlement remains unclear, although additional objections are expected before the June 4 opt-out deadline. Robin Greenwald of Weitz & Luxenberg said on Friday that her firm, which represents around 2,000 Roundup clients, intended to file objections on behalf of many of those clients.

In Thursday’s filings, the objecting plaintiffs criticised several aspects of the settlement, arguing that the Missouri state court lacked the authority to bind citizens from other US states. They also claimed Bayer’s “draconian” opt-out procedures were designed to trap claimants who wished to continue pursuing their lawsuits in court.

The removal notice filed on Friday is unusual because US federal rules generally allow defendants — not plaintiffs — to move cases to federal court. However, the objectors argued that they were effectively the real defendants because Bayer and the class action lawyers were working together on a settlement that would restrict their legal rights.

“This class action was filed not to litigate active claims but to launder a liability-management scheme through the courts,” the objectors wrote. “If the Objector Defendants aren’t defendants, then this case is the Named Plaintiffs and Monsanto versus nobody.”

Seeger dismissed the removal request as a “baseless delay tactic that should be promptly denied”.

The objectors also cited remarks made by US District Judge Vince Chhabria, who is overseeing thousands of consolidated Roundup lawsuits in federal court.

During an April hearing, Chhabria said he had “grave concerns” about the legality of the state court settlement and the process through which it was brought before a state court judge for fast-track approval.

While some law firms have opposed the settlement, many firms representing large numbers of Roundup claimants have indicated support for the agreement. Bayer has said it requires near-universal backing from current plaintiffs before proceeding, as it seeks finality in the long-running litigation.

The company has continued to face Roundup-related lawsuits despite paying about $10 billion in 2020 to settle most of the cases pending at the time.

The state court case is King v Monsanto, City of St Louis Circuit Court, No. 2622-CC00325.

The federal removal case is King v Boylan et al, US District Court for the Eastern District of Missouri, No. 26-cv-00813.

 

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