SAN FRANCISCO, March 5, 2021 /PRNewswire/ -- Cancer victims are asking a federal judge overseeing thousands of Roundup weed killer cancer lawsuits to reject a proposed settlement that would allow the glyphosate-based herbicide to remain on store shelves while shielding Bayer AG (OTCMKTS: BAYRY) from future cancer lawsuits.
A motion filed Thursday by trial lawyers at Dallas-based Fears Nachawati Law Firm shines a light on growing criticism of some plaintiffs' lawyers who have already negotiated with Bayer AG to obtain favorable settlements for their existing clients that – based on the proposed settlement – would not be available to individuals not yet diagnosed.
Under the proposed settlement described in the motion as "a one-way street" that benefits only Bayer, individuals filing a cancer claim after Feb. 3, 2021, could not participate in class-action litigation and seek punitive damages in litigation. Instead, they would be limited to compensation based on a multitiered formula.
The plaintiffs challenging the settlement include three individuals who were diagnosed with non-Hodgkin's lymphoma after exposure to Roundup and who had not filed a lawsuit by Feb. 3.
"It is fundamentally unfair, and at odds with basic due-process protections, to force someone to opt out now when she has no idea what her circumstances might be if she becomes injured," the motion states.
"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 millions of people exposed to Roundup," the motion states. "This is not a real lawsuit, but an effort to create an alternative dispute resolution mechanism in the guise of a class-action settlement."
"There is no good reason why the class is limited to those who have already been exposed when Monsanto has no intention of stopping the sale of Roundup, or changing its composition, so that thousands of individuals will continue to run the risk of contracting [non-Hodgkin's lymphoma] from Roundup through post-February 3, 2021 exposure. If this were a real lawsuit, why would any class representative (or class counsel) create a wholly artificial cut-off date and not include everyone who will be exposed to Roundup in the future?"
The multidistrict litigation (MDL) is In re Roundup Products Liability Litigation, case number 3:16-md-02741, in the U.S. District Court for the Northern District of California.
Dallas-based Fears Nachawati Law Firm represents more than 4,000 individual plaintiffs in active litigation against Bayer and continues to investigate new claims on behalf of those sickened after exposure to Roundup. For the past three years, the law firm was ranked number one nationally in product liability filings in federal court. For more information, visit https://www.fnlawfirm.com/.
Androvett Legal Media
SOURCE Fears Nachawati Law Firm