Laura Pennington  |  March 18, 2020

Category: Legal News

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Cancer Roundup hazardAs more individual cancer Roundup lawsuits have been filed by users who claim they’ve been affected, a shareholder wants to hold Bayer accountable. The shareholder who brought the lawsuit says that Bayer AG breached their duties of loyalty and prudence in making the purchase of Monsanto Co. in 2018. According to the shareholder who filed, the cancer Roundup connection is directly related to billions of dollars in damages the company will now face in liability.

The lawsuit was brought in New York County Supreme Court and names a few defendants, including the person who spearheaded the purchase of Monsanto and the chairman of Bayer. Within the lawsuit, the plaintiff claims that Bayer’s recent announcement of their own internal audit of acquisition issues is fraudulent and false and mirrors the bigger cover up.

What Is a Shareholder Derivative Claim?

The lawsuit was filed in what’s known as a shareholder derivative claim, which means that the shareholder files the suit on behalf of the total company against individuals inside the company who are accused of doing the company harm.

The suit also seeks the return of any funds that were paid out to law firms and banks as a result of the acquisition. At the 2019 annual meeting for shareholders, more than half in attendance said they were unhappy with how the Monsanto deal with sought and managed. The company lost about $40 billion in market value when Bayer acquired Monsanto.

Much of the market loss is attributed to plaintiff claims in cancer Roundup cases, in which users of Roundup say they were exposed to the dangerous active ingredient of glyphosate. Those lawsuit filers say that they were never informed about the high risk of getting cancer due to contacting or inhaling Roundup.

What Type of Cancer Is Linked to Glyphosate?

A growing number of consumers who have used Roundup haven’t just gotten cancer, but they have developed a very particular type of cancer known as non-Hodgkins lymphoma. While Monsanto continues to claim that glyphosate does not cause cancer, the early suits in the legal system seem to raise doubts about that.

According to the recently filed shareholder suit, the Monsanto purchase was completed just two months before the very first Roundup cancer trial concluded with a massive verdict against the company. Other trials have ended in similar fashion since then, even though judges did lower the verdict amounts after the fact.

Over 45,000 plaintiffs currently have pending lawsuits with similar allegations against the company. The litigation is still pending although there have been whispers of possible settlements in the near future because of the big liability the company faces from having so many lawsuits over this same issue.

While the company has continued to argue that Roundup is not only effective but safe for use, some other countries have already taken action to ban the active ingredient glyphosate as a result of concerns about its safety and the health problems associated with it.

Glyphosate is an herbicide found to be very effective at killing grasses and broadleaf plants. It is added to the leaves of plants to kill them. It has been registered for use in the U.S. since 1974 and is very popular in both commercial and residential settings. Many of the people who brought lawsuits against Bayer claim that they used Roundup over a long period of time and consistently enough that the glyphosate caused them to develop cancer.

If you or another person you know developed non-Hodgkins lymphoma and you think it is due to exposure to Roundup, you could be the latest plaintiff to add your lawsuit to the growing number of claims. Top Class Actions can assist you with finding an attorney to manage your claim.

If you or a loved one developed cancer after using Roundup as a farm worker or home gardener, you may have a legal claim. Legal migrant farm workers may also seek help. Learn more by filling out the form on this page for a FREE case evaluation.

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