Roundup was a herbicide manufactured by Monsanto, a company that was acquired by Bayer in 2018 for $63 bllion. It was by far the most popular herbicide on the U.S. market, with over 75 percent market share. In 2023, Monsanto discontinued selling Roundup.
The key ingredient of Roundup was glyphosate, a chemical that the International Agency of Research on Cancer (“IARC”) has classified as “possibly carcinogenic to humans.” Specifically, individuals exposed to Roundup over several years run a significant risk of contracting non-Hodgkin’s lymphoma.
Paragon is aware of seven substantial verdicts in favor of plaintiffs that have sued Monsanto for the harm they have suffered from their use of Roundup:
- In 2019, a California state court awarded Mike Dennis $7 million in compensatory damages and $325 million in punitive damages.
- In 2020, in California state court Dewayne Johnson obtained a verdict of $39.3 million in compensatory damages and $250 million in punitive damages. The California Court of Appeal reduced the compensatory damages to $10.253 million, and the punitive damages to an equal amount, totaling $20.5 million (Cal. App. 5th 434).
- In 2021, in California federal court, Edwin Hardeman was awarded over $5 million in compensatory damages and $75 million in punitive damages. The trial court reduced the punitive award to $20 million, and the Ninth Circuit of the U.S. Court of Appeals affirmed the verdict (997 F.3d 941). The trial judge stated that “Monsanto was more concerned with tamping down safety inquiries and controlling public opinion around Roundup than it was in ensuring that its product was safe.” The appeals court stated that the trial judge “faulted Monsanto for not putting cancer warning labels on Roundup products and argued that it was a ‘choice that reflects reckless disregard for human health. It is a choice that Monsanto made and today is their day of reckoning.’ ”
- In 2021, in California state court, Alva and Alberta Pilliod were awarded $55 million in compensatory damages and over $2 billion in punitive damages. The court reduced the total award (compensatory and punitive damages combined) to $87 million, and the California Court of Appeal affirmed that award. The trial judge stated that Monsanto made “continuous efforts to impede, discourage, or distort the scientific inquiries about glyphosate and those actions were reprehensible and showed a conscious disregard for health.”
- In October 2023, Ernest Caranci won a verdict of $175 million.
- In 2023, a Missouri state court awarded three plaintiff a total of $61.1 million in compensatory damages and $1.5 billion in punitive damages.
- In January 2024, a Pennsylvania jury awarded John McKinnon $2.2 billion in total damages.
It’s important to note, of course, that Monsanto has won many of the lawsuits filed by other plaintiffs, and that for some of the cases listed above, it’s possible that Monsanto will prevail on appeal.
Around October 2023, Monsanto reached an approximately $11 billion settlement with most plaintiffs, and approximately 80 percent of Roundup claims have been settled. Given the long latency of non-Hodgkin’s lymphoma, Roundup will be a viable case type for at least the next decade.