Bayer AG’s legal battle over its Roundup herbicide and other products has become one of the most significant product liability sagas in corporate history. Since acquiring Monsanto in 2018, Bayer has faced an avalanche of lawsuits, multi-billion-dollar jury verdicts, and mounting pressure from shareholders, regulators, and the public. Despite paying over $10 billion in settlements, the company continues to fight many claims — and new cases continue to be filed.
For New Mexico residents who have been exposed to Roundup or other Bayer products and suffered health consequences, understanding the current state of this litigation and your legal rights is essential. The fight is far from over, and individuals harmed by these products still have the opportunity to seek justice.
The Current State of Roundup Litigation
As of 2024, Bayer has faced more than 160,000 Roundup-related claims alleging that the herbicide’s active ingredient, glyphosate, causes non-Hodgkin lymphoma and other cancers. The litigation has proceeded on multiple fronts:
Multidistrict Litigation (MDL)
Thousands of federal Roundup cases were consolidated in a multidistrict litigation (MDL) proceeding in the Northern District of California before Judge Vince Chhabria. Bellwether trials in the MDL resulted in significant plaintiff verdicts, which helped drive settlement negotiations.
State Court Cases
Individual cases have also been tried in state courts across the country, with several resulting in substantial verdicts for plaintiffs. These state court proceedings continue, with new cases being filed regularly.
Bayer’s Settlement Strategy
In 2020, Bayer announced a $10.9 billion settlement to resolve approximately 100,000 pending Roundup claims. However, the settlement did not cover all existing cases, and it did not address future claims from individuals who may be diagnosed with cancer after using Roundup. Bayer’s attempt to create a class-action settlement for future claims was rejected by a federal judge in 2021, leaving the company exposed to ongoing litigation.
Bayer’s Continued Defense
Despite the settlements, Bayer has not admitted that Roundup causes cancer. The company continues to maintain that glyphosate is safe and that the scientific evidence does not support a causal link to cancer. Bayer has appealed several adverse jury verdicts and has pursued legal strategies aimed at limiting future liability, including seeking U.S. Supreme Court review of whether federal pesticide labeling laws preempt state-law failure-to-warn claims.
Why Bayer Continues to Fight
Bayer’s decision to continue fighting rather than settling all claims reflects several strategic considerations:
- Precedent — A definitive legal ruling that Roundup does not cause cancer, or that federal law preempts state failure-to-warn claims, could eliminate or significantly reduce future liability.
- Financial exposure — With potentially tens of thousands of additional claims from future cancer diagnoses, the total liability could far exceed what has already been paid.
- Regulatory landscape — The EPA has maintained that glyphosate is “not likely to be carcinogenic to humans,” which Bayer cites in its defense. However, this position has been challenged in court.
- Shareholder pressure — Bayer’s stock price dropped significantly after the Monsanto acquisition, and shareholders have demanded accountability for the mounting legal costs.
What This Means for New Mexico Consumers
Despite Bayer’s aggressive defense strategy, individuals who have been harmed by Roundup retain the right to file product liability claims. The fact that Bayer is fighting does not diminish the strength of individual claims — juries have consistently found in favor of plaintiffs when presented with the evidence.
New Mexico Product Liability Law
New Mexico provides strong protections for consumers harmed by dangerous products:
- Strict liability — Manufacturers are liable for injuries caused by defective products regardless of fault.
- Failure to warn — Products that lack adequate warnings about known risks are considered defective.
- Pure comparative negligence (NMSA § 41-3A-1) — Your recovery is reduced by your percentage of fault but never completely barred.
Statute of Limitations
New Mexico’s statute of limitations for personal injury claims is three years from the date the injury was discovered or should have been discovered (N.M. Stat. § 37-1-8). For cancer cases, this typically means three years from diagnosis or from when you learned of the connection to Roundup.
Other Bayer Product Liability Battles
Roundup is not Bayer’s only legal challenge. The company faces ongoing litigation related to:
- Essure birth control device — Thousands of claims from women who experienced severe complications
- Xarelto blood thinner — Lawsuits alleging inadequate warnings about uncontrollable bleeding risks
- PCB contamination — Environmental and health claims inherited from Monsanto’s decades of PCB manufacturing
Frequently Asked Questions
Is it too late to file a Roundup lawsuit?
Not necessarily. New cases continue to be filed, particularly by individuals who were recently diagnosed with cancer. The statute of limitations typically begins when you are diagnosed or learn of the connection between your cancer and Roundup. Consult an attorney to evaluate your specific situation.
Will Bayer’s appeals affect my case?
Bayer’s appeals of prior verdicts are separate from individual cases. While a favorable appellate ruling for Bayer could affect the legal landscape, it would not automatically dismiss pending individual claims. Your case will be evaluated on its own facts and merits.
What if Bayer goes bankrupt from all the lawsuits?
While Bayer has faced significant financial pressure, the company remains a large, profitable multinational corporation. Bayer has set aside substantial reserves for Roundup litigation and continues to operate profitably. Bankruptcy is not considered imminent, but even in such a scenario, claims would be addressed through the bankruptcy process.
How much compensation can I receive?
Compensation depends on the severity of your illness, medical expenses, lost income, pain and suffering, and other factors. Roundup verdicts have ranged from millions to billions of dollars, though individual settlements vary widely based on case-specific factors.
Contact Dominguez Law for a Free Consultation
The fact that Bayer continues to fight does not mean you should give up your right to seek justice. At Dominguez Law, we have the resources and determination to take on large corporations and fight for the compensation our clients deserve. If you or a loved one has been diagnosed with cancer after using Roundup or another Bayer product, we can help.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
