Why Do People Get Different Roundup Payment Amounts?
Tens of thousands of people who developed Non-Hodgkin’s Lymphoma (NHL) after using Roundup have filed lawsuits against its manufacturer, Bayer/Monsanto. While there have been massive settlements, the payment amounts that individual families receive can vary dramatically. It’s a common and understandable question: why does one person get a certain amount while a seemingly similar case gets a different one?
The answer is that settlement values are not random. They are driven by the specific facts and evidence of each individual case. At Walch Law, we help families navigate this complex process with clarity and compassion. Our consultations are always free and confidential, and you pay absolutely no fees unless we secure a financial recovery for you.
Core Drivers of Your Case’s Value
Several key factors determine the potential value of a California Roundup claim. A strong case requires solid evidence across multiple categories.
- Proof of Exposure: This is the foundation of your claim. We need to document how, where, and for how long you were exposed to Roundup or another glyphosate-based herbicide (GBH). A case involving a licensed agricultural applicator who sprayed Roundup daily for 20 years is generally stronger than a case involving intermittent residential use. We look for:
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- Duration and Frequency: How many years did you use it? How many days per year?
- Tasks: Were you mixing and spraying the chemical directly, or was your exposure from being nearby?
- Records: Purchase receipts, work records, applicator licenses, photos, and witness statements are all powerful evidence.
- Medical Diagnosis and Severity: A clear diagnosis of a specific subtype of Non-Hodgkin’s Lymphoma from a qualified oncologist is essential. The severity of your illness and the intensity of your treatment directly impact the value of your damages. Key factors include:
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- The specific NHL subtype.
- The stage of the cancer at diagnosis.
- The course of treatment (e.g., chemotherapy, radiation, stem cell transplant).
- Whether the cancer has recurred or progressed.
- Documented Damages: We work to calculate the full scope of your losses, which fall into several categories:
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- Economic Damages: These are the tangible financial losses, including all medical bills, travel costs for treatment, lost wages, and diminished future earning capacity.
- Non-Economic Damages: This compensates you for the immense physical pain, emotional suffering, and loss of enjoyment of life caused by the illness.
- Wrongful Death Damages: In cases where the victim has tragically passed away, the family can claim damages for their own losses, such as the loss of financial support and companionship.
- Strength of Causation: Your legal team must prove that Roundup exposure was a substantial factor in causing your NHL. This involves using expert medical opinions to link the exposure to the diagnosis and to rule out other potential causes. A strong “latency period” (the time between first exposure and diagnosis) that is consistent with the scientific literature strengthens the case.
- Age and Life Impact: The claimant’s age and circumstances play a significant role. A younger person with dependents who has lost decades of future income will have higher economic damages than a retiree. The need for future medical care and in-home assistance is also a major factor.
Legal and Procedural Factors That Influence Value
Beyond the core facts, legal procedures and program structures also affect the final payment.
- Jurisdiction and Venue: Where a case is filed—whether in state or federal court, and in which specific location—can matter. Different jurisdictions have different jury pools and procedural rules.
- Settlement Program Design: Many Roundup claims are resolved through large, structured settlement programs. These programs often use a matrix with different tiers of payment based on factors like age, severity of illness, and level of exposure.
- Extraordinary Circumstances Funds (ECF): Some settlement programs include special funds for cases with exceptionally severe injuries or unique circumstances, which can provide additional compensation above the standard matrix amount.
- Medical Liens and Offsets: Your net recovery is the amount you receive after all medical liens are paid. Health insurers, including Medicare and Medi-Cal, have a right to be reimbursed for the costs they paid for your cancer treatment. An experienced lawyer will aggressively negotiate these liens to reduce the payback amount, maximizing the money that goes into your pocket.
Why Two Similar Cases Can Still Have Different Outcomes
Even when two people have similar diagnoses and exposure histories, their case values can differ. This can be due to:
- Gaps in Records: One person may have meticulous work and purchase records, while another has to rely solely on witness memory.
- Differing Treatment Outcomes: One person might go into remission after one round of chemo, while another suffers a relapse and requires a stem cell transplant, leading to much higher damages.
- Confounding Factors: The defense may argue that other factors, like other chemical exposures or a family history of cancer, contributed to the illness.
- Credibility: How well a claimant and their witnesses present themselves in a deposition or at trial can impact how a jury perceives their case.
Evidence You Should Start Gathering Now
If you are considering a claim, begin collecting any documentation you can find:
- A timeline of your Roundup use.
- Receipts, invoices, or credit card statements showing purchases.
- Applicator licenses or training certificates.
- Letters from employers or photos/videos showing you using the product.
- A journal detailing your symptoms and treatment.
- All pathology reports and oncology records confirming your diagnosis.
- Pay stubs or tax returns to document lost income.
- Records from family members who provided caregiving services.
Deadlines and Next Steps
Strict deadlines, called statutes of limitation, apply to all personal injury claims. In California, the “discovery rule” generally means the clock starts when you were diagnosed with NHL and knew or reasonably should have known it could be linked to Roundup. Do not wait to seek legal advice. Do not give any statements to Bayer/Monsanto’s representatives or sign any releases. Continue with your medical treatment.
How Walch Law Helps
Navigating a complex mass tort claim is an overwhelming burden when you are also fighting a serious illness. Our team is here to lift that burden. We will:
- Conduct a thorough and free case screening.
- Help you build the evidence needed to prove exposure and damages.
- Engage our network of top medical and economic experts.
- Aggressively negotiate all medical liens to maximize your net recovery.
- Develop a strategic plan based on your specific case and the current state of the litigation.
- Provide compassionate, clear communication every step of the way.
If you or a loved one developed Non-Hodgkin’s Lymphoma after using Roundup, you deserve to know your rights. Contact Walch Law today for a free consultation to learn how we can help your family seek the justice and compensation you deserve.