Bayer AG had filed a $2 billion settlement plan, 3.2.21, in hopes of settling further class action lawsuits against Monsanto over cancers caused by glyphosate. (1)
More than 90 law firms and 160 lawyers-including the National Trial Lawyers (NTL) group, which represents more than 14,000 aggrieved persons-have, however, filed opposition toward the proposal, which is considered unacceptable and unconstitutional. (2)
San Francisco Judge Vincent Chhabria, who had already expressed misgivings about an earlier large-scale settlement attempt, adjourned the hearing to consider the proposal until 12.5.21.
Monsanto-Bayer, an avalanche of class actions.
Monsanto-Bayer has collected, in recent years in the U.S., more than 125,000 class actions and several condemnations for compensation for serious and irreparable damage caused to humans and ecosystems by the release of glyphosate, PCBs and dicamba.
On 6/24/20 , the Corporation had announced the allocation of $10.9 billion, with the goal of settling in settlement 75% of the lawsuits then pending and 95% of those coming forward. Without acknowledging any of their own responsibility. (3)
First attempt at settlement plan
The first attempt by settlement plan – in addition to suspending any new legal action for 4 years – would have taken away from juries the evaluation of links between pesticides and disease, which Bayer would have wanted to entrust to a ‘class science panel‘ consists of 5 members, 2 of whom are appointed by the Corporation same.
In practice, if the panel had assessed that there was no causal connection between glyphosate exposure and the occurrence of non-Hodgkin’s lymphoma, the court would have been bound to apply that guideline, blocking any subsequent compensation action. Bayer then withdrew the proposal before the judge rejected it.
Second attempt at settlement plan
Monsanto-Bayer has tried again to curb class actions coming in the next four years with $2 billion. To translate into reparations of no more than, at ‘best’, $200,000 for each life snatched or afflicted by non-Hodgkin lymphoma (NHL) and other forms of cancer. No more than $10,000 in case of diagnosis prior to 2015.
Bayer’s proposed settlement plan, on the other hand, brings great benefit to its lawyers, with US$ 170 million in fees for its drafting. The grateful liars thus claim that the transactionwill ‘save thousands of lives‘ and provide substantial benefits to victims, including through facilitations in diagnostic care and non-Hodgkin’s lymphoma research programs.
2 billion hoax, spending chapters
The hypothetical agreement–submitted to the California District Court, 3.2.21–plans to distribute the 2 billion in various spending chapters, including:
– compensation fund, US$ 1.325 billion
– grants for access to diagnosis, US$ 210 million,
– settlement of lawsuits proposed after the 4 years after the agreement, US$ 200 million,
– Bayer’s lawyers, US$ 170 million,
– Non-Hopkins lymphoma research funding, US$ 40 million,
– costs of administration, scientific committee and collateral deposit, US$ 55 million.
The liquidation period, in Bayer’s intent, should be limited to 4 years from the approval of the agreement, with Bayer’s option to decide on an extension. In case of non-renewal, the Corporation will transfer a final settlement of US$200 million to the compensation fund.
Justice at the service of Monsanto-Bayer?
Monsanto-Bayer’s idea is to force those exposed to glyphosate who will develop cancer in the four years of the ‘special settlement’ to have to choose, within 150 days of the claim, whether:
– Expressly waive the transaction. In such a case, the injured party may sue only for compensatory damages, but not also for punitive damages, which in the U.S. court system have the most prominence, or
– automatically adhere to the terms of the class settlement pre-determined by Bayer (US$ 200 thousand per life or fatal disease, subject to exceptional circumstances), after demonstrating systematic exposure to glyphosate and related diagnosis,
– give up everything, settling for a $5,000 token in full settlement of all other claims.
#Let’sSaveBeans, Farmers, and the Planet. Let’s all sign for a poison-free Europe, at https://www.savebeesandfarmers.eu/ita. (5)
Dario Dongo and Giulia Orsi
Notes
(1) Tom Hals, Tina Bellon. Bayer reaches $2 billion deal over future Roundup cancer claims. Reuters. 3.2.21, https://www.reuters.com/article/us-bayer-glyphosate-idUSKBN2A32MX
(2) Carey Gilliam. Bayer’s class action settlement plan draws widespread outrage, opposition. USRTK. 10.3.21, https://usrtk.org/monsanto-roundup-trial-tracker/bayers-class-action-settlement-plan-draws-widespread-outrage-opposition/
(3) Dario Dongo, PCBs, glyphosate, dicamba. 11 billion from Bayer to settle class action lawsuits, GIFT(Great Italian Food Trade). 06/24/20, https://www.greatitalianfoodtrade.it/consum-attori/pcb-glifosato-dicamba-11-miliardi-di-dollari-da-bayer-per-chiudere-le-class-action
(4) Carey Gilliam. Bayer backs away from plan to contain future Roundup cancer claims. USRTK. 8.7.20, https://usrtk.org/monsanto-roundup-trial-tracker/bayer-backs-away-from-plan-to-contain-future-roundup-cancer-claims/
(5) Dario Dongo. #Savethebees! Save the bees, European citizens’ initiative. Égalité. 15.1.21, https://www.egalite.org/savethebees-salviamo-le-api-iniziativa-dei-cittadini-europei/
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law at the University of Bologna, now enrolled in the master of law of agri-food markets at the University of Turin. She is a practicing lawyer.
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