CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

Nov 2, 2019 San Francisco / CA / USA - Bayer offices located in Mission Bay District; Bayer AG is a German multinational pharmaceutical and life sciences company, one of the largest in the world

Bayer Accused of Scheme to Reverse Ruling on Roundup™

Accusations Fly in Roundup™ Appeal

As the class-action lawsuit against Bayer moves along, lawyers for the plaintiffs are accusing the company of a “Pay to Appeal” scheme. According to the plaintiffs’ lawyers’ letter to the court, the strategy by Bayer is to obtain a favorable ruling, which the attorneys say is manufactured and could erode the U.S. justice system if it is permitted.

The lawyers in question are helping to lead the litigation nationwide, contending that Roundup™ causes cancer. The letter they sent to the court was in response to a deal the company made to settle with a Georgia resident, John Carson. The letter, written by the plaintiff’s lawyers, was sent to the U.S. Court of Appeals in Atlanta and stated that “The court should reject this brazen manipulation of our judicial system.”

Signatories on the letter include plaintiffs Jennifer Moore and Brent Wisner, both of whom won verdicts against Bayer and settled with the company in their Roundup™ claims. However, if the case goes to the Supreme Court, and the court sides with the company, their trial victories could be jeopardized. 

One thing that was not revealed in the company’s letter to the court was that Carson had to pay a $100,000 penalty if he doesn’t appeal. The letter written by the plaintiffs’ lawyers says that this omission is misleading and addressed the deceptive nature of the appeal. The plaintiffs’ lawyers went on to say that Bayer was paying Carson to place an appeal and making threats if he does not do so. Dr. Carson has not responded to a request for comments, and his attorney has said they will not respond. The appeals case in question is Carson v. Monsanto Co., 21-10994.

Bayer Secures Confidential Settlement With Georgia Physician

Bayer reached a confidential settlement with physician John Carson of Georgia, who sued Bayer in 2017. Bayer asked the court to dismiss the case based on an exemption issue concerning the company’s duty to warn consumers about the herbicide’s cancer-causing potential. 

U.S District Court Judge R. Stan Baker ruled that the warning was unnecessary since the Environmental Protection Agency approved Roundup™. This could potentially stop new cases from being filed. The company already resolved multiple thousands of claims. After Baker’s ruling, Carson’s case proceeded based on the company’s negligence and the defective design of its product. 

Bayer offered to settle Carson’s claim if he appealed the exemption ruling in the district court case to an appellate court. As part of the deal, Carson would need to give back claims he won.

Appellate Courts May Differ

There is a strong likelihood moving forward that other appellate courts will differ on the exemption. When that happens, the case may end up in the Supreme Court; something Bayer is undoubtedly banking on. The exemption also narrowed Carson’s argument against Bayer. 

Bayer’s Plan

The exemption described above is useful for Bayer only in Carson’s case. However, if Carson appeals Baker’s ruling, it might move up the chain of appellate courts, beginning in Atlanta and eventually reach the Supreme Court. This could undermine future cases. By winning in the Supreme Court, a trickle-down effect would occur that could impact other courts. This could stem the tide of litigation against Bayer.

Bayer Claims Transparency

According to a statement made by the company, they believe they’ve been transparent about their desire to appeal the Roundup™ cases. The company stated that the settlement with the Georgia physician, which was performed through a voluntary agreement, is an appropriate way to appeal.

Bayer purchased Monsanto in 2018, the original owner of Roundup™, and litigation has been a serious problem for the company since then. The company has agreed to resolve the existing lawsuits over Roundup™ for up to $11.6 billion. So far, lawsuits have been filed by around 125,000 farmers and consumers.  Other claims are pending, with more filed almost every day.

Roundup™ Cancer Attorney

I’m Ed Smith, a Roundup™ cancer attorney. The number of claims rises almost daily due to Roundup™ use and its connection to cancer and other diseases. Because people didn’t know about the dangers of using this glyphosate-based herbicide, many have suffered from terrible diseases and died. You can find out if you are eligible to file a claim by calling me for free, friendly advice at (916) 921-6400 in California or (800) 404-5400 if you’re calling nationwide. I can also be reached online.

I’ve helped clients with wrongful death and injury cases and others since 1982. 

I’m included in those chosen as the top 1 percent of attorneys by membership with the Top 1 Percent and also belong to Million Dollar Advocates, which awards membership only to lawyers who have won a settlement or award of more than $1 million for their client.

By going to the pages that follow, you can learn more about my practice and how we’ve helped others:

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