3 Roundup Suits Cleared for Massachusetts Remand

3 Roundup Suits Cleared for Massachusetts Remand

Introduction

The U.S. District Judge overseeing coordinated pretrial proceedings for Roundup non-Hodgkin’s lymphoma lawsuits across the federal court system has denied a motion to dismiss three cases originally filed in the District of Massachusetts.

This decision paves the way for the cases to proceed to trial in about two weeks if settlements are not reached. Bayer and its Monsanto subsidiary have grappled with over 167,000 lawsuits nationwide, alleging inadequate warnings about the cancer risk associated with Roundup. The litigation surged in 2015 after the World Health Organization's International Agency for Research on Cancer labeled glyphosate in Roundup a probable carcinogen. Despite paying over $10 billion in settlements, Bayer and Monsanto face ongoing jury trials and new claims.

The judge's pretrial order rebuffed Monsanto's attempt to exclude plaintiffs' expert witnesses' testimony in the Massachusetts lawsuits. This move was pivotal, as it could have left the cases without evidence linking Roundup's exposure to the plaintiffs' illnesses, potentially leading to dismissal. However, the judge deemed Monsanto's arguments against the expert witnesses scientifically unfounded.

The ruling impacts lawsuits filed in June 2019 and January 2020. The first plaintiff developed B-cell type non-Hodgkin’s lymphoma after Roundup use, while the second was diagnosed with positive B-cell lymphoma consistent with chronic lymphocytic leukemia. The third plaintiff was diagnosed with mantle cell lymphoma, all allegedly due to Roundup exposure.

Each plaintiff plans to rely on expert medical testimony to establish the causal link between Roundup and lymphoma. With the motion to exclude testimony denied, the judge plans to issue a suggestion of remand for the cases to return to the District of Massachusetts if settlements are not reached.

Hundreds of Roundup claims are consolidated before a federal judge in California, with many primed for remand to different federal district courts. Additionally, numerous cases are pending in state courts nationwide, including Missouri, Pennsylvania, New Jersey, and California, where non-Hodgkin’s lymphoma lawsuits are slated for trial in the near future.

In summary, the denial of Monsanto's motion to dismiss signals the progression of Roundup litigation, with affected plaintiffs poised to pursue their claims in court if settlements are not achieved.