by Carey Gillam
Anticipation is building around the belief that there could soon be an announcement of at least a partial settlement of U.S. lawsuits pitting thousands of U.S. cancer patients against Monsanto Co. over allegations the company hid the health risks of its Roundup herbicides.
Investors in Bayer AG, the German company that bought Monsanto in 2018, are keeping a close eye on the status of three trials currently still on the docket to get underway this month. Six trials were initially set to take place in January, but three have recently been “postponed.” Sources say the postponements are part of the process of obtaining an overall settlement with several plaintiffs’ attorneys who have large numbers of cases pending.
The three trials still on the docket for this month are as follows: Caballero v. Monsanto, set to start Jan. 17 in Contra Costa Superior Court in California; Wade v. Monsanto, set to start Jan. 21 in St. Louis City Circuit Court in Missouri; and Cotton v. Monsanto, scheduled for Jan. 24 in Riverside Superior Court in California.
A hearing scheduled for today in the Caballero case was called off, but another hearing is set for Thursday before the trial gets underway Friday, according to court filings. Possibly underscoring the fluidity of the situation, at least one of the key witnesses expected to testify in the case has been told he will not likely be needed, according to a source close to the litigation.
In St. Louis, Monsanto’s former hometown, the court calendar calls for the Wade trial to get underway in front of Judge Elizabeth Byrne Hogan a week from today, said court spokesman Thom Gross.
Plaintiffs’ attorney Mike Miller, who represents plaintiff Kathleen Caballero as well as multiple plaintiffs in the Wade trial, said he was looking forward to the trials for these “victims of Monsanto’s deceit.” Miller said rumors that his trials would be postponed are false and he fully intends for the trials to go forward.
Miller and other attorneys involved in the litigation have declined to answer questions about a potential settlement.
But analysts who follow Bayer say that settlement discussions are looking at a potential deal for $8 billion to settle current cases with $2 billion set aside for future needs.
After losing three out of three trials and facing thousands of claims by cancer victims who allege their diseases were caused by exposure to Monsanto’s glyphosate-based herbicides, Monsanto’s German owner Bayer AG has been working for months to avoid any additional trials. Bayer was successful in delaying several trials slated for late 2019 and the three that were planned for January before being postponed. Two of those cases involved children stricken with non-Hodgkin lymphoma and the third was brought by a woman suffering from non-Hodgkin lymphoma.
There are many complicating factors hindering resolution of the litigation, including the fact that plaintiffs’ attorneys with no connection to the plaintiffs’ leadership team continue to advertise for new clients to add to the pool, thus potentially thinning the payouts for plaintiffs who have been awaiting their day in court for years.
In working toward a settlement Bayer is hoping to appease investors unhappy with the mass tort liability Bayer took on in acquiring Monsanto, and hopes to avoid more publicity surrounding damning evidence that was introduced during the previous trials indicating that Monsanto knew of the cancer risks of its weed killing products but failed to warn consumers. The revelations have triggered outrage around the world and prompted moves to ban the glyphosate-based herbicides.
Earlier this month the town of Dennis, Massachusetts announced it will no longer allow use of the herbicide glyphosate on town-owned property. It is one of a number of communities in the Cape Cod area that have recently said they will restrict or ban glyphosate herbicides use. Numerous other cities and school districts around the United States have said they are looking at, or have already decided to, ban or restrict the use of glyphosate-based herbicides.
Internationally, Vietnam and Austria have said they will ban glyphosate while Germany has said it will ban the chemical by 2023. French leaders also have said they are banning glyphosate-based herbicides.
The Environmental Protection Agency (EPA) has sided with Monsanto and Bayer in saying there is no evidence to support claims that glyphosate-based herbicides can cause cancer.