US Judge Slams Bayer's $7.25B Roundup Settlement as 'Filthy'
In a tense hearing on Thursday, US District Judge Vince Chhabria of the Northern District of California excoriated a proposed $7.25 billion class action settlement by Bayer to resolve Roundup cancer claims, calling it 'mind-boggling,' 'legally problematic,' and a 'filthy deal.' The settlement, filed in St. Louis Circuit Court on February 17, was arranged without public notice or a transcript of the meeting with the judge. Opposing plaintiffs' lawyers argue the deal enriches a select group of attorneys while offering minimal compensation—averaging $40,000 for residential users with aggressive non-Hodgkin lymphoma before age 60—and imposes 'onerous' opt-out procedures. Chhabria, who has overseen the multidistrict litigation since 2016 and rejected a prior $2 billion settlement in 2021, acknowledged 'major problems' but said he lacks authority to intervene, leaving challenges to Missouri appellate courts or the US Supreme Court. Bayer has paid over $11 billion to resolve more than 100,000 claims but still faces 60,000 unresolved cases. The company also seeks a Supreme Court ruling that federal law preempts state failure-to-warn claims, with oral arguments heard on April 27 and a decision expected this summer.
Key facts
- Judge Vince Chhabria called the proposed $7.25 billion settlement a 'filthy deal'.
- The settlement was filed in St. Louis Circuit Court on February 17 without public notice or a transcript.
- Opposing lawyers allege the deal enriches a select group of plaintiffs' attorneys while providing little benefit to cancer victims.
- Average payout for a residential user with aggressive non-Hodgkin lymphoma before age 60 is $40,000, before deductions.
- Chhabria said the opt-out procedure is 'bizarre' and puts people in a 'difficult position'.
- Bayer has paid over $11 billion to resolve more than 100,000 claims but still faces 60,000 unresolved cases.
- Chhabria rejected a prior $2 billion class action settlement in 2021.
- The US Supreme Court heard oral arguments on April 27 regarding federal preemption of failure-to-warn claims.
- The Supreme Court ruling is expected this summer, adding tension to the settlement timeline.
- The settlement requires plaintiffs to opt in or out before the Supreme Court ruling.
Entities
Institutions
- Bayer
- Monsanto
- Northern District of California
- St. Louis Circuit Court for the City of St. Louis
- US Supreme Court
- Environmental Protection Agency (EPA)
- The New Lede
- Reuters
Locations
- United States
- Northern District of California
- Missouri
- St. Louis
- City of St. Louis