Bayer is in the process of negotiating a possible settlement that could end thousands of Roundup and cancer link lawsuits. However, cancer develops over a long period of time, and this long timeline could throw a wrench in Bayer’s plans to neatly wrap up the issue of Roundup’s alleged connection to cancer.

Reuters reports that over 18,400 people claim that they developed non-Hodgkin’s lymphoma as a result of exposure to Roundup, Bayer’s popular herbicide. Bayer acquired Roundup — and the legal troubles that came with it — when it acquired Monsanto, the maker of the herbicide.

After Bayer acquired Monsanto, Resilience reported that the company suffered “buyer’s remorse” after its Monsanto acquisition. Amidst claims of a Roundup and cancer link, Bayer’s stock fell $38 billion in value in mere months after the deal went through. 

Now, Bayer is attempting to handle these problems, in the form of a settlement made with thousands of individuals who claimed that they developed cancer after using or being exposed to Roundup. However, the settlement deal may not put the issue to bed as hoped.

Previously, Reuters reported that a Bayer mediator stressed that the company’s attempt to settle the Roundup lawsuits had not reached the high sum of $8 billion. 

Reuters says that Beyer’s chief executive said that settling the Roundup and cancer link lawsuits with a “financially reasonable” settlement should only be on the table if Bayer can end all Roundup litigation.

However, this may not be possible. The Roundup lawsuits claim that Roundup can cause non-Hodgkin’s lymphoma, a type of cancer that takes around 10 years to develop. So, even if Bayer does settle many Roundup cancer lawsuits now, more may surface in the years to come, making Bayer’s choice to settle the current lawsuits possibly less than financially reasonable.

Additionally, Reuters goes on to highlight that settlements for litigation of this kind usually involve the company setting up a fund to compensate people who present a valid claim for having been allegedly affected by the product in question.

People who accept benefits from these funds largely waive their right to file other litigation against the company. However, settlement funds run out, and if more people develop cancer in the coming years and claim that their cancer was caused by Roundup, the funds may run out by the time they make their claim, says Reuters. This means that these people could continue to pursue litigation against Roundup, reportedly.

Additionally, Reuters says that experts note that pointing to the nature of an alleged connection between Roundup and cancer gets complicated — Reuters says that Loyola Law School Professor Adam Zimmerman notes that experts have not yet associated a “signature disease” with Roundup — as has been the case in other cancer litigation. According to Zimmerman, this makes it difficult to predict if Bayer will be found liable for cancer developments, says Reuters.

Though many companies may try to seek settlement deals to bring costly litigation to an end, in this case, Bayer may continue to face more costs and time-consuming litigation, even if the company does choose to end thousands of Roundup cancer lawsuits in a settlement deal. The company may face more litigation than is foreseeable right now.

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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