Many of our clients have seen the Proposed class action Round-Up settlement.[i] Monsanto has cleverly named it the “Weedkiller” class action and left out the words “Roundup” and “settlement.”
What are the settlement amounts offered? Are residential users treated differently than commercial users?
Please remember, this is Monsanto’s proposed class action settlement. Nothing has been negotiated with the 52,000 plaintiffs. There are two classes of claimants:
- Residential- people who used it around their yard, spreading it with spray bottles.
- Commercial- these are landscapers, farmers, recreation employees and similar people who used large amounts or Roundup, often with large drums and with motorized sprayers.
Monsanto has unilaterally decided that a qualifying claim would get $6,000 to $165,000. The maximum a residential user can get is $40,000. These are the vast majority of claimants. These are “gross” settlement offers before deduction of attorney fees, litigation expenses, court and administrative costs and medical insurance liens. All government (Medicare, Medicaid, VA) and private insurance companies can take up to 40% of the settlement value which comes from the plaintiff’s portion.
Plaintiffs’ trial verdicts have been much larger.
Has the Class Action Settlement Been Approved?
No. There have been many objections. Ultimately a judge must approve the proposed plan and all potential claimants must vote on accepting the plan. There may need to be 99% of voters approving the plan, or there will be no settlement offer.
Do I Have to Participate in a Settlement Plan? Can I Opt-Out and Continue Litigating?
If a class action is approved, then you will need to take proactive action to elect to participate or opt-out of the plan. That is a personal decision that can be evaluated with your loved ones and counsel.
Is Non-Hodgkin Lymphoma the Only Qualifying Claim?
At this time, yes. The settlement considers two types of non-Hongkin lymphoma:
- Indolent: non-aggressive with no medical treatment. These claims get a much smaller settlement amount.
- Aggressive: this requires treatment.
What Happens Next? How Do I Stay Informed?
There is nothing that can be filed now. While Monsanto has a public site, there will be plenty of news stories that will update developments. Consulting with an attorney will provide a source of current information, including what type of documentation would be required inside or outside of a settlement plan.
Sources
[i] https://www.weedkillerclass.com/Home/Index
