Cancer Victims Get Support From U.S. Solicitor General In Appeal of $80 Million Roundup Verdict

Mike Mozart via Flickr

The U.S. Solicitor General recently filed a brief in the US Supreme Court that will benefit cancer patients in the RoundUp litigation across the country. On the grounds that the claims in the complaint are not precluded by federal law, the Solicitor General requested the Supreme Court to dismiss a petition for certiorari filed by chemical company Bayer seeking review of a $80 million Roundup decision against Monsanto Corp. (which has since merged with Bayer).

The case at hand stems from a trial involving Roundup, in which Mr. Hardeman was awarded $80 million (later reduced to $25 million). Mr. Hardeman was diagnosed with diffuse large B-cell lymphoma, a kind of non-lymphoma Hodgkin’s (“NHL”), after spraying concentrated Roundup on a regular basis for 26 years. In February 2016, Hardeman filed a lawsuit against Monsanto, claiming that his cancer was caused by his long-term exposure to Roundup.

The significance of the shift in position is a good thing for customers. When the issue was before the Ninth Circuit two years ago, the Department of Justice, under President Donald Trump, sided with Bayer. Six amicus papers have been filed in support of the petition, including one from the United States. 

Brad Lakin said “We’re extremely pleased that the Solicitor General sided with RoundUp cancer victims.  The briefing will continue to allow us to fight for cancer victims who’ve used RoundUp and developed Non-Hodgkin’s lymphoma.”