The judge said the request was ‘unreasonable’ and said it served Monsanto, which Bayer acquired in 2018, in exchange for Roundup users.
A U.S. judge has rejected Bayer’s $ 2bn class proposal to dismiss future lawsuits stating that Roundup weedkiller causes cancer, saying Wednesday that some parts of the system were “irrational”.
U.S. District Court judge Vince Chhabria in San Francisco said the request “could achieve more in Monsanto”, which Bayer earned $ 63bn in 2018, and “could achieve much less for Roundup users” who are currently healthy.
The agreement would have stopped suspending Roundup-linked cases to non-Hodgkin’s lymphoma (NHL) for four years and would have prevented Roundup users from seeking temporary relief for the duration of the trial.
Similarly, users can receive free and paid tests if they are diagnosed with non-Hodgkin’s lymphoma.
The development of a community-based program required people who were exposed to grass and who would become ill in the future.
Separately, Bayer has donated up to $ 9.6bn to address the strong claims by glyphosate defenders – the most commonly used in Roundup – for pre-existing conditions. The company’s chief executive told experts this month that the existing 90,000 complaints have been resolved and 30,000 are still being negotiated.
The company has said years of research has shown that Roundup and glyphosate are safe for people to use. Bayer did not immediately respond to a request for comment on the judge’s opinion.
‘There is no closing’
Bayer has been criticized by consumers for waging warfare in an attempt to increase the warning sign on Roundup or pull it off the herbicide market, which controls it in combination with other glyphosate drugs.
Chhabria had suggested that the warning sign could provide a solution for future cases, based on the assumption that Bayer had failed to warn consumers of Roundup linked to cancer.
Bayer called for the request to be one of the “bindings” to “close” the Roundup cases.
Leslie Brueckner, a Public Justice lawyer, who opposed the request, said the ruling was important for public health and said the risk of serious damage could force Bayer to change.
Chhabria’s law means the company is facing multiple charges, he said.
“As long as Roundup remains in the market, Bayer will continue to be prosecuted by Roundup victims who receive the NHL,” Brueckner said. “That doesn’t mean shut down.”
The four-year plan would include nearly millions of users and gardeners in the classroom and provide them with medical tests up to $ 200,000 if diagnosed with non-Hodgkin’s lymphoma.
The Chhabria six-page law has set out to question the value of medical care, with 10 to 15 years remaining between the appearance and onset of cancer cases.
He added that most applicants would expect to pay $ 60,000 or less and that an apology would not be available after the process.
Classroom lawyers said in a hearing last week that Bayer could extend the deal and offer additional fines.
The judge also asked how Roundup users could be fully informed of the status that would hold them accountable in the future if they made an NHL.
“Mere mere mistakes will not protect the union,” Chhabria said.