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Missouri's first judge approves Bayer's Roundup $7.25 billion settlement

The judge of a state court in Missouri gave the initial approval on Wednesday for a $7.25 billion settlement that would resolve thousands lawsuits alleging Bayer Roundup weedkiller causes cancer.

Judge Timothy Boyer of St. Louis has given preliminary approval to a deal between a German?company? and attorneys who are seeking to represent people across the country who claim Roundup exposure is the cause of their non-Hodgkin lymphoma.

The agreement is designed to resolve the majority of the approximately 65,000 claims that are still pending before federal and state courts. Boyer refused to heed the request of other lawyers to delay his decision to allow them to review the agreement.

Boyer said the proposed payout was "significant", but he will hear from those affected before making a final decision at an August hearing.

Plaintiffs claim that Roundup’s active ingredient, glyphosate causes cancer and that they developed non-Hodgkin’s lymphoma or other types of disease after using it at home or in the workplace.

Bayer, who acquired Roundup as part of its $63 Billion purchase of Monsanto agrochemicals in 2018, said that decades of studies had shown Roundup and Glyphosate to be safe and not cause cancer. The proposed deal does not require Bayer's admission of liability or wrongdoing.

A COMPANY MAY BACK OUT

According to court records, the initial approval triggers an agreement provision that requires Bayer to pay $500,000,000 into a fund in 10 days, to cover costs like notifying the class members of the deal. It also opens up a window where class members can object to the deal and opt out.

The company may?backout if too many plaintiffs refuse to?participate. Bayer's Chief Executive Bill Anderson stated on a conference call with investors that Bayer requires "the vast majority" of plaintiffs to be involved.

Bill Dodero is Bayer's senior Vice President and General Counsel. In a press release, he said that the company was "confident" that the well-financed and long-term class settlement plan supported by plaintiffs' lawyers would be approved by the court.

Christopher Seeger, an attorney who helped negotiate the settlement, and is seeking to represent the entire class, stated in a press release that Boyer’s ruling was a significant step forward and came 'as the U.S. Supreme Court weighed a case which could have a major impact on the litigation. The U.S. Supreme Court will hear arguments late in April on a case which could severely limit litigation if the court agrees with Bayer and says that federal law regulates what pesticide manufacturers put on their labels. The company claims that the state court claims that it failed warn about Roundup’s risks were barred because the US Environmental Protection Agency has not found such a risk and does not require such a warning.

Future Claims Covered

The settlement, if approved, would create a program that pays claimants over a period of 21 years. It is meant to settle claims for both those who have already sued as well as those who were exposed before the agreement was made and who are diagnosed with cancer in the future.

Two groups of lawyers representing more than 20 000 Roundup claimants urged Boyer not to grant preliminary approval. They expressed concern about the way the deal would restrict the ability to sue people who had been exposed to Roundup, but had not yet developed cancer.

Boyer stated on Wednesday that if lawyers need more time, they can ask for it during the approval procedure.

Paul Napoli is one of the attorneys who expressed concerns over the deal. In a statement, his firm said that it was "concerned" about how this decision would unnecessarily lengthen the claims process, and delay the justice and fair compensation for the thousands of people who have been injured by Monsanto Roundup.

(source: Reuters)