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Consolidation approved for lawsuits against Syngenta and Chevron over herbicide

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A U.S. judicial panel has ordered the pretrial consolidation of dozens of lawsuits against Syngenta and Chevron over allegations that paraquat weed killer, which has been used widely around the world for more than 50 years, causes Parkinson’s disease.

The U.S. Judicial Panel on Multidistrict Litigation said that “to date, 77 actions and potential tag-along actions are pending in sixteen different districts,” and they all involve “common factual issues concerning the propensity of paraquat to cause Parkinson’s Disease.” The cases will include “complex scientific and regulatory issues,” the panel said.

“Centralization will eliminate duplicative discovery; avoid inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary,” the panel stated in its order.

The panel determined the cases will be transferred to the federal court in the Southern District of Illinois and assigned to U.S. Judge Nancy Rosenstengel for handling.

Lawyer Majed Nachawati, whose firm is among those representing hundreds of plaintiffs suing Syngenta and Chevron, applauded the decision, and said the litigation is “monumentally important.” It was Nachawati’s firm that requested the MDL.

Syngenta, a Swiss company owned by a larger Chinese chemical company, developed and markets the paraquat-based Gramoxone brand, while Chevron has been a distributor of Syngenta’s paraquat products in the United States.

The formation of the paraquat multidistrict litigation (MDL) underscores the legal threat Syngenta faces in the litigation.  An MDL was also formed for the lawsuits filed against Monsanto over allegations that its Roundup weed killers cause non-Hodgkin lymphoma; ultimately tens of thousands of people sued the company for such claims and Monsanto’s owner, Bayer AG, is now facing settlement payouts of more than $10 billion.

Syngenta said in a statement that it agrees with the decision to coordinate the various federal lawsuits before one judge.

“This will help the parties and the courts proceed in a timely and efficient way,” the company said.

Chevron did not respond to a request for comment.

Used since the ’60s

Paraquat has been used in the United States since 1964 as a tool to kill broadleaf weeds and grasses. Farmers often use paraquat before planting crops or before those crops emerge. It has long been known to be extremely dangerous to anyone who ingests even a small amount, and regulators have issued warnings and placed restrictions on its use because of poisoning risks.

The body of science showing links between Parkinson’s disease and paraquat is less clear, having evolved over time. The EPA does not currently confirm a causal link to Parkinson’s disease. But many scientists say the research showing causation is robust.

Several scientific studies have linked paraquat to Parkinson’s, including a large study of U.S. farmers jointly overseen by multiple U.S. government agencies.

The Agricultural Health Study (AHS), which is backed by numerous U.S. agencies and researchers, has found that “exposure to agricultural pesticides may increase a person’s risk of developing Parkinson’s disease.” And in 2011, AHS researchers reported that participants who used paraquat or another pesticide were “twice as likely to develop Parkinson’s disease” as people who were not exposed to those chemicals.

Syngenta maintains that newer and better research, including by AHS scientists, has discounted a tie between paraquat and Parkinson’s.

In addition to the cases brought on behalf of people suffering from Parkinson’s, additionally, a class action lawsuit was filed in federal court in Iowa on May 3 by a law firm representing people who fear they may get the disease in the future.

The suit seeks “equitable relief in the form of medical monitoring, including, but not limited to, the costs of diagnostic testing” for farmers and others exposed to paraquat who are allegedly at “increased risk” for Parkinson’s, according to the legal filing.

Settlement rumors

What was supposed to be the first trial over allegations that Syngenta’s paraquat causes Parkinson’s has been delayed multiple times and the parties may be nearing a settlement, according to sources close to the case.

The trial in the case of Hoffman V. Syngenta is pending in St. Clair County Circuit Court in Illinois and has had multiple trial dates set and then cancelled, the most recent earlier this month.

The lawyer for the plaintiffs in that case had pronounced publicly that he had internal Syngenta documents that would expose the company’s alleged knowledge of connections between paraquat and Parkinson’s.

But Syngenta steadfastly has denied any such evidence exists.

“Syngenta has great sympathy for the health issues faced by the plaintiffs and others suffering from the debilitating effects of Parkinson’s disease,” the company’s statement reads.  “We care deeply about the health and well-being of farmers and are dedicated to providing them safe and effective products. There is no credible evidence that Paraquat, which has been widely used for more than 55 years, causes Parkinson’s disease.  No peer reviewed study, including the largest study which involved 38,000 farmers, has ever concluded Paraquat causes Parkinson’s disease.  The EPA and other government authorities have extensively analyzed this issue and similarly found no evidence that Paraquat causes Parkinson’s disease. The facts simply do not support the Plaintiffs’ allegations, and we intend to defend this product and our legal position vigorously in court.”

Another delay for trial set to examine allegation that Syngenta weed killer causes Parkinson’s

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A highly anticipated first-ever trial pitting a group of farmers against the global agricultural giant Syngenta AG over allegations that Syngenta’s paraquat weed killer causes Parkinson’s disease has been delayed again and may not take place at all, according to sources close to the case.

The trial in the case of Hoffman V. Syngenta was scheduled to start June 1 in St. Clair County Circuit Court in Illinois before Associate Judge Kevin Hoerner. Previously it was set to begin May 10, and prior to that it had a trial date in April.

The cancellation of the June 1 trial date came amid speculation that the parties are deep into settlement talks. No new trial date has yet been set, according to a St. Clair County Circuit Court clerk.

The plaintiffs in the case developed Parkinson’s after repeated exposure to paraquat products, specifically Syngenta’s widely used Gramoxone brand. Three of the original plaintiffs in the case have died, including plaintiff Thomas Hoffman.

The trial was to be livestreamed by Courtroom View Network, and plaintiffs’ attorney Steve Tillery had vowed to unveil decades of internal corporate documents he said would show Syngenta knew its paraquat-based weed killer causes Parkinson’s disease, a disorder that impacts nerve cells in the brain and  leads in advanced cases to severe physical debilitation and often dementia and death.

Tillery would not respond to a request for comment, and a Syngenta spokesman also declined to comment.

Also named as defendants in the case are Chevron Phillips Chemical Co., formed as a joint venture between Chevron USA and Phillips 66. Chevron helped distribute Syngenta’s products in the United States. Illinois agricultural cooperative Growmark is also a defendant for its role in supplying paraquat products.

There are currently at least 20 lawsuits filed in multiple state and federal courts across the country on behalf of plaintiffs who have been diagnosed with Parkinson’s and claim Syngenta’s paraquat weed killers are to blame.

The caseload is expected to grow rapidly, and on Thursday the U.S. Judicial Panel on Multidistrict Litigation heard arguments on a motion filed by the Texas-based law firm of Fears Nachawati asking that pending paraquat lawsuits be consolidated for pretrial proceedings in the Northern District of California, the same federal court where Roundup litigation was consolidated.

Additionally, a class action lawsuit was filed in federal court in Iowa on May 3. The suit seeks “equitable relief in the form of medical monitoring, including, but not limited to, the costs of diagnostic testing” for farmers and others exposed to paraquat who are allegedly at “increased risk” for Parkinson’s, according to the legal filing.

Several scientific studies have linked paraquat to Parkinson’s, including a large study of U.S. farmers jointly overseen by multiple U.S. government agencies.

Farmers use paraquat in the production of many crops, including corn, soy and cotton. The Agricultural Health Study (AHS) said it found that “exposure to agricultural pesticides may increase a person’s risk of developing Parkinson’s disease.” In 2011, AHS researchers reported that “participants who used paraquat or rotenone were twice as likely to develop Parkinson’s disease as people who didn’t use these chemicals.”

Syngenta argues that newer and more robust research, including by AHS scientists, has discounted a tie between paraquat and Parkinson’s.

Trial pitting farmers against Syngenta delayed until June

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A highly anticipated first-ever trial pitting a group of farmers against the global agricultural giant Syngenta AG over allegations that Syngenta’s paraquat weed killer causes Parkinson’s disease has been delayed until June, the parties involved said on Saturday.

The trial was set to begin Monday, livestreamed by Courtroom View Network, but a continuance was ordered setting a new trial date for June 1. A spokesman for the plaintiffs’ legal team said the delay was not due to any settlement efforts, but due to “a combination of scheduling and Covid issues.”

The case is titled Hoffman V. Syngenta and is set for a bench trial in St. Clair County Circuit Court in Illinois before Associate Judge Kevin Hoerner.

The plaintiffs are farmers who developed Parkinson’s after repeated exposure to paraquat products, specifically Syngenta’s widely used Gramoxone brand, and the spouses of those farmers. Three of the original plaintiffs in the case have died, including plaintiff Thomas Hoffman.

Parkinson’s is a disorder that impacts nerve cells in the brain and  leads in advanced cases to severe physical debilitation and often dementia and death.

Experts in the study and treatment of Parkinson’s warn that the disease is on the rise. One such expert, Dutch neurologist Bastiaan Bloem, predicts the number of people suffering from Parkinson’s will double to more than 13 million in the next 20 years.

Bloem is one of many scientists who blame exposure to paraquat as among multiple risk factors for developing Parkinson’s.

Also named as defendants in the case are Chevron Phillips Chemical Co., formed as a joint venture between Chevron USA and Phillips 66. Chevron helped distribute Syngenta’s products in the United States. Illinois agricultural cooperative Growmark is also a defendant for its role in supplying paraquat products.

There are currently at least 20 lawsuits filed in multiple state and federal courts across the country on behalf of plaintiffs who have been diagnosed with Parkinson’s, and claim Syngenta’s paraquat weed killers are to blame.

Lawyer C. Calvin Warriner III, who is not involved in the Hoffman case but has other plaintiffs suing over the same issues, said he predicts “hundreds if not thousands of cases” will be filed in the next year because of “solid” scientific evidence linking paraquat to Parkinson’s.

Federal court rejects Syngenta’s bid to toss lawsuit over paraquat herbicide

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A federal judge has denied Swiss chemical company Syngenta’s effort to throw out one of a growing number of lawsuits alleging the company’s weed killing products cause Parkinson’s Disease. The decision offers a boost for the expanding number of law firms and plaintiffs making similar claims.

In an April 12 ruling, U.S. District Judge John Ross in the Eastern District of Missouri denied a motion filed by Syngenta and co-defendant Chevron that sought to dismiss a lawsuit brought by married Missouri couple Henry and Tara Holyfield.

“We were pleased that the court denied the motions to dismiss,” said Steven Crick, an attorney with the firm of Humphrey, Farrington & McClain who is representing the Holyfields. “We are also confident that the defendants’ efforts to dismiss or derail the case will continue.”

The lawsuit alleges Henry Holyfield developed Parkinson’s, a debilitating and incurable progressive nervous system disorder, due to his exposure to paraquat in his work as a crop duster. The suit alleges that paraquat was distributed “without adequate instructions on safe use” and “without instructions or warnings that the paraquat was dangerous to health and life and caused disease.”

Syngenta manufacturers and distributes paraquat-based Gramoxone, a widely used weed killer popular with American farmers but banned in more than 30 countries because it is known to be acutely toxic. Syngenta acknowledges the dangers of accidental poisoning associated with paraquat, and its products carry strict warning labels about precautions needed for safe use.

But the company has denied the validity of scientific research that has found associations between paraquat exposure and Parkinson’s Disease.

Chevron gained sales and distribution rights for Gramoxone paraquat product in the United States in an agreement with a Syngenta predecessor called Imperial Chemical Industries (ICI), which introduced paraquat-based Gramoxone in 1962. Under a license agreement, Chevron was granted rights to manufacture, use, and sell paraquat formulations in the U.S.

In their motion to dismiss the case, Syngenta and Chevron argued that the Holyfield claims were preempted by federal law governing regulation of paraquat by the Environmental Protection Agency (EPA).

“Paraquat has been heavily regulated by the EPA for decades under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)…” the motion states. “Through decades of scrutiny, the EPA’s judgment continues to be that paraquat is safe for sale and use so long as EPA-prescribed precautions are taken and instructions are followed. To ensure uniformity, FIFRA prohibits states from imposing any labeling requirements “in addition to or different from” FIFRA’s requirements and EPA-approved labels… But that is exactly what the complaint seeks to do.”

Judge Ross said the argument was flawed. FIFRA states that registration approval by the EPA “does not
constitute an absolute defense” to claims that a product was “mislabeled,” he wrote in his decision. Moreover, a 2005 U.S. Supreme Court ruling in a case titled Bates v. Dow Agrosciences established that the EPA’s approval of a product does not rule out claims of a failure to warn brought under state law.

“This Court is aware of no case since Bates in which a court has declined jurisdiction over a FIFRA-related claim pursuant to the doctrine of primary jurisdiction,” the judge wrote in his ruling. “The results of the EPA’s review of paraquat, moreover, will not dictate the success or failure of Plaintiffs’ claims.”

There are currently at least 14 lawsuits filed by eight different law firms in six different federal courts across the country. The lawsuits are all filed on behalf of plaintiffs who have been diagnosed with the neurodegenerative disorder, and they all allege exposure to Syngenta’s paraquat caused their conditions. Several other cases making the same allegations are pending in state courts as well.

Move to consolidate U.S. paraquat litigation as cases mount against Syngenta

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Lawyers suing Swiss chemical company Syngenta are asking a U.S. judicial panel to consolidate more than a dozen similar lawsuits under the oversight of a federal judge in California. The move is a telling sign of the expansion of litigation that alleges the company’s weed killing products cause Parkinson’s Disease.

According to the motion, filed April 7 by the Texas-based Fears Nachawati law firm with the U.S. Judicial Panel on Multidistrict Litigation, there are currently at least 14 lawsuits filed by eight different law firms in six different federal courts across the country. The lawsuits are all filed on behalf of plaintiffs who have been diagnosed with the neurodegenerative disorder, and they allege exposure to Syngenta’s weed killers made with a chemical called paraquat for the disease. Several other cases making the same allegations are pending in state courts.

“The cases are excellent candidates for coordinated pretrial proceedings because they arise from the same poisonous toxin causing the same crippling disease resulting from the wrongful conduct of the same three defendants,” the Fears Nachawati brief in support of its motion states. “Movant expects that the number of similar cases filed in state and federal courts across the country will expand rapidly.”

The motion seeks transfer specifically to Judge Edward Chen in the U.S. District Court for the Northern District of California.

Majed Nachawati, a partner with the Fears Nachawati firm, said the firm was still investigating the size and scope of the overall litigation but believes the paraquat litigation against Syngenta “will be significant and material in nature…”

“Very soon, there is going to be litigation in dozens of federal courts across the country,” Nachawati said.

The plaintiffs’ lawyers will be seeking internal corporate documents as well as depositions of corporate officials related to the “testing, design, labeling, marketing, and safety of paraquat herbicides,” along with corporate research and evaluations of the toxicity and safety of its paraquat products.

The Miller Firm of Virginia, which helped lead the Roundup cancer litigation against Monsanto that resulted in an $11 billion settlement with Monsanto owner Bayer AG, is among the law firms joining in the paraquat litigation. The Miller firm supports the effort to consolidate the federal actions in California, where thousands of Roundup cases were also consolidated for pretrial proceedings, according to the firm’s lead attorney Mike Miller.

“We are confident that science strongly supports the causal connection between paraquat and the devastation of Parkinson’s disease,” Miller said of the motion. “The Northern District of California is well equipped to handle these cases.”

The cases against Syngenta also name Chevron Phillips Chemical Co. as a defendant. Chevron distributed and sold Gramoxone paraquat products in the United States starting with an agreement with a Syngenta predecessor called Imperial Chemical Industries (ICI), which introduced paraquat-based Gramoxone in 1962. Under a license agreement, Chevron had the right to manufacture, use, and sell paraquat formulations in the U.S.

Syngenta and Chevron have denied the allegations.

Syngenta says that its paraquat products have been approved as “safe and effective” for more than 50 years and it will “vigorously” defend the lawsuits. Syngenta is owned by China National Chemical Corporation, known as ChemChina.

Scientific studies

Parkinson’s is an incurable progressive disorder that affects nerve cells in the brain, leading in advanced cases to severe physical debilitation and often dementia. Many Parkinson’s experts say the disease can be caused by a range of factors, including exposure to pesticides such as paraquat, as well as other chemicals.

Several scientific studies have linked paraquat to Parkinson’s, including a large study of U.S. farmers jointly overseen by multiple U.S. government agencies. That 2011 research reported that people who used paraquat were twice as likely to develop Parkinson’s disease as people who did not use it.

“Numerous epidemiological and animal studies have linked paraquat to Parkinson’s disease,” said Ray Dorsey, a professor of neurology and director of the Center for Human Experimental Therapeutics at University of Rochester in New York. Dorsey is also the author of a book about prevention and treatment of Parkinson’s Disease.

“The evidence linking paraquat to Parkinson’s disease is probably the strongest of any pesticide commonly used,” he said.

Some studies have not found any clear links between paraquat and Parkinson’s and Syngenta asserts that the most recent and authoritative research does not show a connection.

Indeed, a study published in 2020 found connections between some other pesticides and Parkinson’s, but no strong evidence showing paraquat causes the disease.

Upcoming trial

One case filed in a state court is scheduled to go to trial next month. Hoffman V. Syngenta is slated for trial May 10 in St. Clair County Circuit Court in Illinois. A status conference is scheduled for the end of this month.

Missouri lawyer Steve Tillery, who is representing the plaintiffs in the Hoffman case as well as several other plaintiffs in other paraquat lawsuits, said despite Syngenta’s assertions to the contrary, he has accumulated evidence that includes internal company records showing Syngenta has known for decades that its product causes Parkinson’s Disease.

“They shouldn’t be selling this product, said Tillery. “This chemical should be off the market.”

Bayer’s class action settlement plan draws widespread outrage, opposition

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(Updated March 10 to include judge’s order delaying hearing until May 12)

More than 90 law firms and more than 160 lawyers have notified a federal court judge overseeing U.S. Roundup litigation that they oppose Monsanto owner Bayer AG’s $2 billion plan to settle future claims the company expects to be brought by people diagnosed with cancer they blame on use of Monsanto’s herbicide products.

In recent days, nine separate objections to the plan and four amicus briefs have been filed with the U.S. District Court for the Northern District of California, letting Judge Vince Chhabria know the extent of opposition to the proposed class settlement. Chhabria has been overseeing thousands of Roundup cancer lawsuits in what is called ‘multidistrict litigation’ (MDL).

On Monday, the National Trial Lawyers (NTL) joined in the opposition on behalf of its 14,000 members. The group said in their filing with the court that they agree with the opposition that “the proposed settlement seriously endangers access to justice for millions of people in the proposed class, would prevent Monsanto’s victims from holding it accountable, and would reward Monsanto in numerous respects.”

The group reiterated in its filing the fear that if Bayer’s proposed settlement is approved, it will set a dangerous precedent for plaintiffs in future, unrelated cases: “It will hurt the proposed class members, not help them. This type of settlement would also provide an untenable template for other corporate tortfeasors to avoid appropriate liability and consequences for their conduct… the proposed class settlement is not how a ‘system of justice’ works and thus such a settlement should never be approved.”

The $2 billion proposed settlement is aimed at future cases and is separate from the $11 billion Bayer has earmarked to settle existing claims brought by people alleging they developed non-Hodgkin lymphoma (NHL) due to exposure to Monsanto’s weed killers. The people impacted by the class settlement proposal are individuals who have been exposed to Roundup products and either already have NHL or may develop NHL in the future, but who have not yet taken steps to file a lawsuit.

No punitive damages

One of the key problems with the Bayer plan, according to critics, is that everyone in the United States who meets the criteria as a potential plaintiff will automatically become part of the class and subject to its provisions if they do not actively opt out of the class within 150 days after Bayer issues notifications of the formation of the class. The notification proposed is not sufficient, the critics say. Moreover, the plan then strips those people – who may not even choose to be a part of the class – from the right to seek punitive damages if they do file a lawsuit.

Another provision garnering criticism is a proposed four-year “standstill” period blocking the filing of new lawsuits.

The critics also object to the proposed formation of a science panel that would act as a “guidepost” for an “extension of compensation options into the future” and to provide evidence about the carcinogenicity – or not – of Bayer’s herbicides.

The initial settlement period would run for at least four years and could be extended after that period.  If Bayer elects not to continue the compensation fund after the initial settlement period, it will pay an additional $200 million as an “end payment” into the compensation fund, the settlement summary states.

Struggling for a solution

Bayer has been struggling to figure out how to put an end to the Roundup cancer litigation since buying Monsanto in 2018. The company lost all three trials held to date and lost the early rounds of appeals seeking to overturn the trial losses.

Juries in each of the three trials found not only that Monsanto’s glyphosate-based herbicides such as Roundup cause cancer, but also that Monsanto spent decades hiding the risks.

The small group of lawyers who put the plan together with Bayer say it will “save lives” and will provide “substantial benefits” to people who believe they developed cancer from exposure to the company’s herbicide products.

But that group of lawyers stands to receive $170 million for their work with Bayer to implement the proposed plan, a fact critics say taints their involvement and objectivity. None of the lawyers involved in putting the class action plan together with Bayer actively represented any plaintiffs in the broad Roundup litigation before this point, the critics point out.

In one of the opposition filings, lawyers seeking a rejection of the proposed settlement wrote this:

“This proposed settlement is opposed by those most familiar with the litigation of cases involving dangerous products like Roundup because they recognize that this proposal would benefit Monsanto and class counsel at the expense of the millions of people exposed to Roundup.

“Although this Roundup MDL has been underway for over four years, and other Roundup cases have been litigated in state courts, the impetus for this engineered class action settlement does not come from lawyers who have been handling Roundup cases and believe that an alternative method for resolving them is essential. Instead, the lawyers who are behind this settlement – and it is surely the lawyers and not Roundup victims – are class-action lawyers who seek to impose their views on all those who have been exposed to Roundup, in exchange for a very large fee.

“But an even bigger winner here will be Monsanto, which will get a four-year stay of litigation by class members, who will also lose their right to seek punitive damages and be saddled with the results of an ill-conceived science panel. In exchange, class members will be shunted into an alternate compensation system that features modest payments, increased complexity, and high hurdles to qualify.”

Delay sought

Bayer’s settlement plan was filed with the court on Feb. 3, and must be approved by Judge Chhabria in order to become effective. A prior settlement plan submitted last year was scorned by Chhabria and then withdrawn.

A hearing on the matter was set for March 31 but the attorneys who put the plan together with Bayer have asked Judge Chhabria to delay the hearing until May 13, citing the breadth of the opposition they must address. The judge responded with an order resetting the hearing for May 12.

“These filings totaled more than 300 pages, in addition to more than 400 pages of attached declarations and exhibits,” the lawyers said their request for more time. “The objections and amicus briefs raise a host of issues, including, among other things, the overall fairness of the settlement, multiple constitutional attacks on the settlement and proposed advisory science panel, technical challenges to the notice program, attacks on the fairness of the compensation fund, and challenges to predominance, superiority, and the adequacy of class (and subclass) counsel.”

The lawyers who filed the proposed plan said they could use the additional time before the hearing “to engage with objectors” to “streamline or narrow the issues that need to be contested at the hearing.”

Deaths continue

Amid the arguments over Bayer’s proposed settlement, plaintiffs continue to die. In what is referred to as a “Suggestion of Death,” lawyers for plaintiff Carolina Garces filed a notification with the federal court on March 8 that their client had died.

Several plaintiffs suffering from non-Hodgkin lymphoma have died since the start of the litigation in 2015.

Bayer makes new $2 billion plan to head off future Roundup cancer claims

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Monsanto owner Bayer AG said Wednesday it was attempting again to manage and resolve potential future Roundup cancer claims, laying out a $2 billion deal with a group of plaintiffs’ attorneys that Bayer hopes will win approval from a federal judge who rejected a prior plan last summer.

Notably, the deal calls for Bayer to seek permission from the Environmental Protection Agency (EPA) to add information on the labels of its glyphosate-based products such as Roundup that would provide  links to access to scientific studies and other information about glyphosate safety.

Additionally, according to Bayer, the plan calls for establishment of a fund that would compensate “qualified claimants” over a four-year program; setting up an advisory science panel whose findings could be used as evidence in potential future litigation; and development of research and diagnostic programs for medical and/or scientific research into the diagnosis and treatment of non-Hodgkin lymphoma.

The plan must be approved by U.S. District Judge Vince Chhabria of the U.S. District Court for the Northern District of California. Chhabria has been overseeing the Roundup multidistrict litigation.

Bayer said qualifying class members over the next four years would be eligible for levels of compensatory awards based on guidelines set forth in the agreement. The “settlement class” refers to people who were exposed to Roundup products but have not yet filed a lawsuit claiming injury from that exposure.

Settlement class members would be eligible for compensation between $10,000 and $200,000, Bayer said.
According to the agreement, the distribution of the settlement fund would break out as follows:
* Compensation Fund – At least $1.325 billion
* Diagnostic Accessibility Grant Program – $210 million
* Research Funding Program – $40 million
* Settlement Administration Costs, Advisory Science Panel Costs, Settlement Class Notice Costs, Taxes,
and Escrow Agent Fees and Expenses – Up to $55 million
The proposed settlement plan for future class action litigation is separate from the settlement agreement Bayer made with lawyers for tens of thousands of plaintiffs who have already brought claims alleging exposure to Roundup and other Monsanto glyphosate-based weed killers caused them to develop non-Hodgkin lymphoma.
Bayer has been struggling to figure out how to put an end to the Roundup cancer litigation since buying Monsanto in 2018. The company lost all three trials held to date and lost the early rounds of appeals seeking to overturn the trial losses.
Juries in each of the trials found not only that Monsanto’s glyphosate-based herbicides cause cancer but also that Monsanto spent decades hiding the risks.

A death and a settlement as Bayer continues trying to end Roundup litigation

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Seven months after Bayer AG announced plans for a sweeping settlement of U.S. Roundup cancer litigation, the German owner of Monsanto Co. continues to work to settle tens of thousands of claims brought by people suffering from cancer they say was caused by Monsanto’s weed killing products. On Wednesday, one more case appeared to find closure, though the plaintiff did not live to see it.

Lawyers for Jaime Alvarez Calderon, agreed earlier this week to a settlement offered by Bayer after U.S. District Judge Vince Chhabria on Monday denied summary judgment in favor of Monsanto, allowing the case to move closer to a trial.

The settlement will go to Alvarez’s four sons because their 65-year-old father, a longtime winery worker in Napa County, California, died just over a year ago from non-Hodgkin lymphoma he blamed on his work spraying Roundup around winery property for years.

In a hearing held in federal court Wednesday, Alvarez family lawyer David Diamond told Judge Chhabria that the settlement would close out the case.

After the hearing, Diamond said Alvarez had worked in the wineries for 33 years, using a backpack sprayer to apply Monsanto’s glyphosate-based herbicides to sprawling acreage for the Sutter Home group of wineries. He would often go home in the evenings with clothing wet with herbicide due to leaks in the equipment and weed killer that drifted in the wind.  He was diagnosed in 2014 with non-Hodgkin lymphoma, undergoing multiple rounds of chemotherapy and other treatments before dying in December 2019.

Diamond said he was happy to settle the case but has “400 plus” more Roundup cases still unresolved.

He is not alone. At least half a dozen other U.S. law firms have Roundup plaintiffs they are seeking trial settings for in 2021 and beyond.

Since buying Monsanto in 2018, Bayer has been struggling to figure out how to put an end to the litigation that includes more than 100,000 plaintiffs in the United States. The company lost all three trials held to date and has lost the early rounds of appeals seeking to overturn the trial losses. Juries in each of the trials found that Monsanto’s glyphosate-based herbicides do cause cancer and that Monsanto spent decades hiding the risks.

In addition to efforts to resolve claims currently pending, Bayer also hopes to create a mechanism for resolving potential claims that it could face from Roundup users who develop non-Hodgkin lymphoma in the future. Its initial plan for handling future litigation was rejected by Judge Chhabria and the company has yet to announce a new plan.

New glyphosate papers point to “urgency” for more research on chemical impact to human health

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Newly published scientific papers illustrate the ubiquitous nature of the weed killing chemical glyphosate and a need to better understand the impact exposure to the popular pesticide may be having on human health, including the health of the gut microbiome.

In one of the new papers, researchers from the University of Turku in Finland said that they were able to determine, in a “conservative estimate,” that approximately 54 percent of species in the core of the human gut microbiome are “potentially sensitive” to glyphosate. The researchers said they used a new bioinformatics method to make the finding.

With a “large proportion” of bacteria in the gut microbiome susceptible to glyphosate, the intake of glyphosate “may severely affect the composition of the human gut microbiome,” the authors said in their paper, which was published this month in the Journal of Hazardous Materials.

The microbes in the human gut include a variety of bacteria and fungi and are believed to impact immune functions and other important processes. Unhealthy gut microbiomes are believed by some scientists to contribute to a range of diseases.

“Although data on glyphosate residues in human gut systems are still lacking, our results suggest that glyphosate residues decrease bacterial diversity and modulate bacterial species composition in the gut,” the authors said. “We may assume that long-term exposure to glyphosate residues leads to the dominance of resistant strains in the bacterial community.”

The concerns about glyphosate’s impact on the human gut microbiome stem from the fact that glyphosate works by targeting an enzyme known as 5-enolpyruvylshikimate-3-phosphate synthase (EPSPS.) This enzyme is critical to the synthesizing of essential amino acids.

“To determine the actual impact of glyphosate on the human gut microbiota and other organisms, further empirical studies are needed to reveal glyphosate residues in food, to determine the effects of pure glyphosate and commercial formulations on microbiomes and to assess the extent to which our EPSPS amino acid markers predict bacterial susceptibility to glyphosate in in vitro and real-world scenarios,” the authors of the new paper concluded.

In addition to the six researchers from Finland, one of the authors of the paper is affiliated with the department of biochemistry and biotechnology at Rovira i Virgili University, Tarragona, Catalonia, in Spain.

“The consequences for human health are not determined in our study. However, based on previous studies… we know that alterations in the human gut microbiome may be connected to several diseases,” University of Turku researcher Pere Puigbo said in an interview.

“I hope that our research study opens the door to further experiments, in-vitro and in the field, as well as population-based studies to quantify the effect the use of glyphosate has on human populations and other organisms,” Puigbo said.

Introduced in 1974

Glyphosate is the active ingredient in Roundup herbicides and hundreds of other weed killing products sold around the world. It was introduced as a weed killer by Monsanto in 1974 and grew to become the most widely used herbicide after Monsanto’s introduction in the 1990s of crops genetically engineered to tolerate the chemical. Residues of glyphosate are commonly found on food and in water. Consequently, residues are also often detected in the urine of people exposed to glyphosate through either diet and/or application.

U.S. regulators and Monsanto owner Bayer AG maintain there are no human health concerns with glyphosate exposure when the products are used as intended, including from residues in the diet.

The body of research contradicting those claims is growing, however. The research on the potential impacts of glyphosate on the gut microbiome is not nearly as robust as the literature associating glyphosate to cancer, but is an area many scientists are probing.

In a somewhat related paper published this month, a team of researchers from Washington State University and Duke University said that they had found a correlation between the levels of bacteria and fungi in the gastrointestinal tracts of children and the chemicals found in their homes. The researchers did not look at glyphosate specifically, but were alarmed to find that children with higher levels of common household chemicals in their bloodstream showed a reduction in the amount and diversity of important bacteria in their gut.

Glyphosate in urine

An additional scientific paper published this month underscored a need for better and more data when it comes to glyphosate exposure and children.

The paper, published in the journal Environmental Health by researchers from the Institute for Translational Epidemiology at the Icahn School of Medicine at Mount Sinai in New York, is the outcome of a literature review of multiple studies reporting actual values of glyphosate in people.

The authors said they analyzed five studies published in the last two years reporting glyphosate levels measured in people, including one study in which urinary glyphosate levels were measured in children living in rural Mexico. Of 192 children living in the Agua Caliente area, 72.91 percent had detectable levels of glyphosate in their urine, and all of the 89 children living in Ahuacapán, Mexico, had detectable levels of the pesticide in their urine.

Even when including additional studies, overall, there is sparse data regarding glyphosate levels in people. Studies globally total only 4,299 people, including 520 children, the researchers said.

The authors concluded that it is not currently possible to understand the “potential relationship” between glyphosate exposure and disease, especially in children, because data collection on exposure levels in people is limited and not standardized.

They noted that despite the lack of solid data about the impacts of glyphosate on children, the amount of glyphosate residues legally allowed by U.S. regulators on food has increased dramatically over the years.

“There are gaps in the literature on glyphosate, and these gaps should be filled with some urgency, given the large use of this product and its ubiquitous presence,” said author Emanuela Taioli.

Children are especially vulnerable to environmental carcinogens and tracking exposure to products such as glyphosate in children is “a pressing public health priority,” according to the authors of the paper.

“As with any chemical, there are multiple steps involved in evaluating risk, which include gathering information about human exposures, so that the levels that produce harm in one population or animal species can be compared to typical exposure levels,” the authors wrote.

“However, we have previously shown that data on human exposure in workers and the general population are very limited. Several other gaps in knowledge exist around this product, for example results on its genotoxicity in humans are limited. The continued debate regarding the effects of glyphosate exposure makes establishing exposure levels in the general public a pressing public health issue, especially for the most vulnerable.”

The authors said monitoring of urinary glyphosate levels should be conducted in the general population.

“We continue to suggest that inclusion of glyphosate as a measured exposure in nationally representative studies like the National Health and Nutrition Examination Survey will allow for a better understanding of the risks that glyphosate may pose and allow for better monitoring of those who are most likely to be exposed and those who are more susceptible to the exposure,” they wrote.

Bayer’s Monsanto headache persists

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The migraine that is Monsanto doesn’t appear to be going away anytime soon for Bayer AG.

Efforts at settling the mass of lawsuits brought in the United States by tens of thousands of people who claim Monsanto’s Roundup herbicides gave them cancer continue to inch forward, but are not addressing all outstanding cases, nor are all plaintiffs offered settlements agreeing to them.

In a letter to U.S. District Judge Vince Chhabria, Arizona attorney David Diamond said that representations made by the lawyers leading settlement talks with Bayer on behalf of plaintiffs did not accurately reflect the situation for his own clients. He cited a “lack” of “settlement-related experiences” with Bayer and he requested that Judge Chhabria advance several of Diamond’s cases forward for trials.

“Leadership’s representations regarding settlement do not represent my clients’ settlement
related experiences, interests or position,” Diamond told the judge.

Diamond wrote in the letter that he has 423 Roundup clients, including 345 who have cases pending before Chhabria in the multidistrict litigation (MDL) in the U.S. District Court for the Northern District of California. Alongside the MDL are thousands of plaintiffs whose cases are pending in state courts.

Diamond’s outreach to the judge followed a hearing late last month in which several of the leading firms in the litigation and lawyers for Bayer told Chhabria they were close to resolving most, if not all, of the cases before the judge.

Bayer has reached important settlements with several of the leading law firms who collectively represent a significant share of the claims brought against Monsanto. In June, Bayer said it would provide $8.8 billion to $9.6 billion to resolve the litigation.

But controversy and conflict have dogged the overall settlement offers.

Several plaintiffs represented by the large firms and who spoke on condition that their names not be used, said they are not agreeing to the terms of the settlements, meaning their cases will be directed into mediation and, if that fails, to trials.

After buying Monsanto in 2018, Bayer has been struggling to figure out how to put an end to the litigation that includes more than 100,000 plaintiffs. The company lost all three of the three trials held to date and has lost the early rounds of appeals seeking to overturn the trial losses. Juries in each of the trials found that Monsanto’s glyphosate-based herbicides, such as Roundup, do cause cancer and that Monsanto spent decades hiding the risks.

The company’s efforts to resolve the litigation have been stymied in part by the challenge of how to head off claims that could be brought in the future by people who develop cancer after using the company’s herbicides.

Problems Just Keep Mounting

Bayer has threatened to file for bankruptcy if it cannot quell the Roundup litigation and on Wednesday the company issued a profit warning and announced billions in cost cuts, citing a “lower than expected outlook in the agricultural market” amid other factors. The news sent shares in the company tumbling.

In reporting Bayer’s troubles Barron’s noted: “The problems just keep mounting for Bayer and its investors, who by now must be used to regular bouts of disappointing news. The stock has now fallen more than 50% since the Monsanto deal was closed in June 2018. “This latest update only adds to the case for the Monsanto deal being one of the worst in corporate history.”

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