Proposed Partial Roundup Settlement May Fall Apart

While Bayer AG and Monsanto have reportedly agreed on a tentative resolution with a half dozen law firms representing thousands of plaintiffs, the prospective resolution is unlikely to bring the litigation to a close as thousands of filed and served lawsuits will remain unresolved. Without a comprehensive resolution that treats each of the cancer patients who have meritorious claims with parity, any possible resolution should be viewed as only a partial fix that buys some time for Bayer AG and Monsanto, while leaving uncertainty for remaining plaintiffs and potentially creating additional liability for Bayer AG and Monsanto, according to Dallas attorney Majed Nachawati of the Fears Nachawati Law Firm.

Any attorney or law firm taking a leadership role in a prospective resolution that would treat cancer patients differently or less than fair could face exposure to malpractice claims and ethics complaints, Mr. Nachawati said. Conversely, a proposed resolution that includes very little to no financial relief for plaintiffs would leave little if any incentive for an agreement to be reached. If such a flawed agreement is made, the remaining law firms would continue to move toward trial in state and federal courts across the nation. Some, including Mr. Nachawati, whose firm represents more than 4,000 individuals in Roundup-related litigation, have indicated that a resolution must treat each cancer patient equally, and a national settlement will not matter if tens of thousands of clients remain with trials coming this year and well into the future.

“Cancer victims have to be treated the same and if they’re not, we’re ready, willing and fully motivated to go to trial,” Mr. Nachawati told the Wall Street Journal in the March 13, 2020, article “Bayer Advances Toward Resolving Roundup Litigation.”

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