Bayer AG had submitted a settlement plan of 2 billion dollars, on 3.2.21, in the hope of defining further settlements class action against Monsanto for tumors caused by glyphosate. (1)
Beyond 90 law firm and 160 lawyers - including the group of National Trial Lawyers (NTL), representing over 14.000 offended people - have however presented opposition to this proposal, which is considered unacceptable and unconstitutional. (2)
San Francisco judge Vincent Chhabria, who had already expressed concerns about a previous large-scale settlement attempt, postponed the hearing to examine the proposal until 12.5.21.
Monsanto-Bayer, an avalanche of class action
Monsanto-Bayer has collected, in recent years in the USA, over 125 class action and several convictions for compensation for serious and irreparable damage caused to humans and ecosystems by the dispersion of glyphosate, PCBs and dicamba.
the 24.6.20 la Corporation had announced the allocation of 10,9 billion dollars, with the aim of settling 75% of the lawsuits then pending and 95% of those coming. Without acknowledging any responsibility. (3)
First attempt at settlement plan
The first attempt di settlement plan - in addition to suspending any new legal action for 4 years - would have removed from the juries the assessment of the links between pesticides and diseases, which Bayer would have wanted to entrust to aclass science panelIt is made up of 5 members, 2 of which are appointed by Corporation same.
In practice, if he panel had assessed the absence of a causal connection between exposure to glyphosate and the appearance of non-Hodgkin's lymphoma, the court would have been bound to apply this orientation, blocking any subsequent compensatory action. Bayer then withdrew the proposal before the judge rejected it.
Second attempt at settlement plan
Monsanto-Bayer has tried again to put the brakes on class action arriving in the next 4 years with 2 billion dollars. This translates into compensation of no more than, at the 'best', $ 200 for each life torn or plagued by non-Hodgkin lymphoma (NHL) and other forms of cancer. Not more than $ 10 in the case of a diagnosis prior to 2015.
Il settlement plan proposed by Bayer, on the other hand, is of great benefit to its lawyers, with US $ 170 million in drafting fees. The grateful liars thus claim that the transaction 'will save thousands of lives'and will provide victims with substantial benefits, including through subsidies in diagnostic assistance and research programs on non-Hodgkin's lymphoma.
2 billion mockery, the expense items
The hypothesis of agreement - submitted to the California District Court on 3.2.21 - plans to distribute the 2 billion in various spending items, including:
- compensation fund, US $ 1,325 billion
- grants for access to diagnostics, US $ 210 million,
- settlement of lawsuits proposed after 4 years from the agreement, US $ 200 million,
- Bayer's attorneys, US $ 170 million,
- Non-Hopkins Lymphoma Research Funding, US $ 40 million,
- administration, scientific committee and security deposit costs, US $ 55 million.
The settlement period, in Bayer's intentions, it should be limited to 4 years from the approval of the agreement, with Bayer having the right to decide on an extension. In case of non-renewal, the Corporation will transfer a final settlement of US $ 200 million to the compensation fund.
Justice in the service of Monsanto-Bayer?
The idea of Monsanto-Bayer is to force those exposed to glyphosate who will develop cancer in the four years of the 'special clearance' to have to choose, within 150 days of the complaint, if:
- expressly renounce the transaction. In this case, the injured party will be able to act only for compensatory damages, but not also for the punitive ones that have the greatest importance in the US judicial system, or
- automatically adhere to Bayer's pre-established class transaction conditions (US $ 200 for each life-threatening or life-threatening illness, except in exceptional circumstances), after demonstrating systematic exposure to glyphosate and related diagnosis,
- give up everything, settling for a token of $ 5 in balance and removal of all other claims.
#Saveoleapi, farmers and the planet. Let's all sign up for a poison-free Europe, come on https://www.savebeesandfarmers.eu/ita . (5)
Dario Dongo and Giulia Orsi
Footnotes
(1) Tom Hals, Tina Bellon. Bayer reaches $ 2 billion deal over future Roundup cancer claims. Reuters. 3.2.21/XNUMX/XNUMX, https://www.reuters.com/article/us-bayer-glyphosate-idUSKBN2A32MX
(2) Carey Gilliam. Bayer's class action settlement plan draws widespread outrage, opposition. USRTK. 10.3.21, https://usrtk.org/monsanto-roundup-trial-tracker/bayers-class-action-settlement-plan-draws-widespread-outrage-opposition/
(3) Dario Dongo, PCB, glyphosate, dicamba. 11 billion dollars from Bayer to close the class actions, GIFT (Great Italian Food Trade). 24.06.20/XNUMX/XNUMX, https://www.greatitalianfoodtrade.it/consum-attori/pcb-glifosato-dicamba-11-miliardi-di-dollari-da-bayer-per-chiudere-le-class-action
(4) Carey Gilliam. Bayer backs away from plan to contain future Roundup cancer claims. USRTK. 8.7.20, https://usrtk.org/monsanto-roundup-trial-tracker/bayer-backs-away-from-plan-to-contain-future-roundup-cancer-claims/
(5) Dario Dongo. #Savethebees! Let's save bees, an initiative of European citizens. Egalité. 15.1.21, https://www.egalite.org/savethebees-salviamo-le-api-iniziativa-dei-cittadini-europei/
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law at the University of Bologna, now enrolled in the master of law of agri-food markets at the University of Turin. She is a practicing lawyer.
, che rappresentano oltre 14.000 persone offese - hanno però presentato opposizione verso tale proposta, considerata inaccettabile e incostituzionale. Il giudice di San Francisco Vincent Chhabria, che aveva già espresso perplessità su un precedente tentativo di transazione su larga scala, ha rinviato al 12.5.21 l’udienza per esaminare la proposta.){kind=link}