Roundup (Glyphosate) Cancer Cases: Key Documents & Analysis
(Scroll down to see documents. Also see our Roundup Trial Tracker for detailed updates.)
On June 24, 2020 Bayer AG said it will pay more than $10 billion to settle tens of thousands of U.S. claims brought against Monsanto over claims Roundup and other glyphosate herbicides sold by the company cause cancer.
The proposed resolution came two years after Bayer bought Monsanto for $63 billion.
The settlement has been mired in difficulties, and has not been finalized. While some law firms settling with Bayer had firm agreements, other firms did not and in a court hearing in August 2020 alleged that Bayer was reneging on terms of the settlement.
According to Bayer’s June 2020 announcement, the company was to pay $10.1 billion to $10.9 billion total to resolve roughly 75 percent of the claims by an estimated 125,000 people who allege exposure to Monsanto’s weed killers caused them to develop non-Hodgkin lymphoma. The deal includes plaintiffs who have retained attorneys with the intent to sue but whose cases have not yet been filed, Bayer said. A payment of $8.8 billion to $9.6 billion was earmarked to resolve the current litigation.
The remaining $1.25 billion was to be set aside to support potential future litigation settlements, the company said. The resolution of the future litigation has been stymied after U.S. District Judge Vince Chhabria rejected Bayer’s proposal that a science panel be established to determine whether or not its glyphosate-based herbicides cause non-Hodgkin lymphoma in place of jury decisions on that question.
The settlement plan came about a year after Judge Chhabria ordered Bayer/Monsanto to enter into mediation with plaintiffs’ attorneys.
Prior to the settlement, there were three trials, one in federal court and two in state courts. The federal trial was the case of Edwin Hardeman V. Monsanto. That trial was bifurcated at the request of Monsanto, limiting evidence jurors heard during a first phase to causation only. On March 19, 2019 a unanimous jury decision handed a first-round victory to Hardeman, as the six jury members found that Hardeman’s exposure to Roundup was a “substantial factor” in causing his non-Hodgkin lymphoma. On March 27, 2019 the jury returned a verdict of approximately $80 million, including punitive damages of $75 million. Judge Chhabria reduced the punitive damages awarded Hardeman to $20 million from $75 million, putting the total award at $25,313,383.02. Court/discovery documents are posted below for Edwin Hardeman V. Monsanto.
Click here for additional documents pertaining to combined MDL cases
Read internal Monsanto documents As part of the discovery process during the litigation that preceded the settlement, Monsanto had to turn over millions of pages of its internal records. The Monsanto Papers and other court records are shared below, including documents regarding the company’s ghostwriting of an important paper published in the year 2000, and how the company used that “independent” scientific literature to promote and defend its herbicides.
STATE COURT – Thousands of plaintiffs have made similar claims against Monsanto in state courts. The first trial in the Roundup litigation concluded on Aug. 10, 2018 with the jury ruling that Monsanto’s weedkiller was a substantial contributing factor in causing DeWayne “Lee” Johnson’s cancer, and ordering Monsanto to pay $289.25 million in damages, including $250 million in punitive damages. The judge reduced the punitive damages to $39 million in an order dated Oct. 22, 2018 which put the total verdict at approximately $78 million. Monsanto appealed, seeking to throw out the judgment, while Johnson cross appealed, seeking to reinstate the jury award. The California 1st District Court of Appeal sided with Johnson in finding there was ample evidence to prove his cancer was caused by exposure to Monsanto’s herbicides, but the court lowered his damage award to $20.5 million. The case number is A155940.
In August 2020, Johnson appealed to the California Supreme Court asking it to restore the $250 million in punitive damages awarded to him by a jury. Monsanto also appealed to the state supreme court, asking to throw out the verdict entirely.
The most recent trial was Pilliod V. Monsanto. On May 13, 2019, jurors returned a verdict awarding Alva and Alberta Pilliod $2 billion in punitive damages and $55 million in compensatory damages. The judge in the case then cut the total verdict to $86.7 million. Pilliod v. Monsanto was the first case in the California Roundup Judicial Council Coordination Proceedings (JCCP) and the third Roundup cancer case to proceed to trial. Monsanto appealed the verdict to the California 1st District Court of Appeal, case number A158228.
The Pilliods have filed a cross-appeal.
See details at this link.
Federal Court/Discovery Documents
- letter from David Diamond.pdf (10.01.20)
- Order re redacted letter.pdf (09.22.20)
- Letter from Wagstaff to court re Bayer settlement.pdf (09.22.20)
- case management plan re settlement.pdf (09.17.20)
- Wagstaff notice to court of final settlement.pdf (09.14.20)
- Wagstaff Letter.pdf (09.14.20)
- Moore Group executes final deal with Bayer.pdf (09.14.20)
- Baum Hedlund tells court it has final deal with Bayer.pdf (09.14.20)
- Death-certificate-of-plaintiff.pdf (09.09.20)
- Amended complaint upon death of plaintiff Marie Dinner.pdf (09.09.20)
State Court Documents
Winston, et al v. Monsanto
- Monsanto objection to special master rulings on Fleishman Hillard documents.pdf (10.16.19)
- Monsanto objections to special master ruling on FTI Consulting documents.pdf (10.07.19)
- Motion for trial setting hearing.pdf (10.07.19)
- Monsanto objection to special master rulings re documents.pdf (10.04.19)
- PLAINTIFFS+MOTION+FOR+MULTIPLE+PLAINTIFF+TRIAL+SETTING.pdf (10.03.19)
- Judge denies trial in county.pdf (10.02.19)
- Motion for Trial Setting 19SL-CC04115.pdf (09.24.19)
- Judge's order transferring Winston plaintiffs to county.pdf (09.13.19)
- plaintiffs-return-to-writ-petition-re-Winston-3.pdf (09.09.19)
- plaintiffs-return-to-writ-petition-re-Winston-3.pdf (09.09.19)
Reporting & Analysis
- Roundup Trial Tracker blog, by Carey Gillam (USRTK) (frequently updated)
- Emails show Monsanto orchestrated GOP effort to intimidate cancer researchers (The Intercept) (8.23.19)
- Emails Reveal Science Publisher Found Papers On Herbicide Safety Should Be Retracted Due to Monsanto Meddling (USRTK) (8.23.19)
- Revealed: how Monsanto’s ‘intelligence center’ targeted journalists and activists (The Guardian) (8.8.19)
- Documents Reveal Monsanto Surveilled Journalists, Activists & Even Musician Neil Young, Democracy Now! (8.9.19)
- I’m a journalist. Monsanto built a step-by-step strategy to destroy my reputation (The Guardian) (8.9.19)
- Monsanto’s campaign against U.S. Right to Know: key themes and documents (USRTK) (8.8.19)
- Bayer/Monsanto Silencing Journalists, Activists, and Scientists, (Real News Network) (8.13.19)
- Monsanto Considered “Legal Action” Against Neil Young, New Report Shows (Pitchfork) (8.10.19)
- How Monsanto manipulates journalists and academics (The Guardian) (6.2.2019)
- Bayer’s Shady PR Firms: The “Monsanto File” scandal and more revelations about PR tactics (USRTK) (5.21.19)
- Ticking time bomb? Cancer lawsuits mount for Monsanto over glyphosate (France 24 TV) (5.14.19)
- The EPA is meant to protect us. The Monsanto trials suggest it isn’t doing that (The Guardian) (5.7.19)
- Who’s paying for Monsanto’s crimes? We are (The Guardian) (3.30.19)
- Jury finding upends Bayer’s Roundup defense strategy: experts (Bloomberg) (3.20.19)
- Monsanto: Roundup substantial factor in man’s cancer, jury finds in key verdict (The Guardian) (3.19.19)
- Des études sur le glyphosate révisées secrètement par Monsanto (ICI.Radio-Canada.ca) (2.21.19)
- Glyphosate : comment Monsanto mène sa guerre médiatique, Par Stéphane Foucart et Stéphane Horel (Le Monde) (1.31.19)
- Bayer Pursued Monsanto Despite Weedkiller Suits and Executive Concerns, by Ruth Bender (WSJ) (11.25.2018)
- ‘Troubling allegations’ prompt Health Canada review of studies used to approve popular weed-killer, by Gil Shochat (CBC) (11.11.18)
- ‘The World is Against Them’: New Era of Cancer Lawsuits Threaten Monsanto, By Sam Levin and Carey Gillam (Guardian)(10.8.18)
- The Monsanto Papers, By Stephanie March (Australian Broadcasting Corporation) (10.8.18)
- Monsanto’s Role In Roundup Safety Study is Corrected by Journal, By Joel Rosenblatt, Peter Waldman and Lydia Mulvany (Bloomberg) (9.26.18)
- A Story Behind the Monsanto Cancer Trial — Journal Sits on Retraction, By Carey Gillam and Nathan Donley (Environmental Health News) (8.22.18)
- Les “Monsanto Papers”, à la base de la controverse sur le glyphosate, by Stéphane Foucart (Le Monde) (8.11.18)