California Personal Injury Lawyers Blog
Why Do Los Angeles Roundup Settlements Take So Long To Get? We get this question all the time from our Roundup clients and totally understand where you are coming from. The liability is clear, the money is available so why does it take so long to get your actual check?
If you or a loved one has filed a lawsuit after being diagnosed with cancer linked to Roundup weedkiller, you are likely facing a long and uncertain journey. One of the most common and frustrating questions plaintiffs ask is, “Why is my settlement taking so long?” The answer lies in the immense complexity of the litigation against a corporate giant like Bayer.
Understanding the factors that contribute to these lengthy timelines can help you set realistic expectations and appreciate the diligent work happening behind the scenes. At Walch Law, we will not only work to maximize your payout as fast as possible but can also help with loans and medical liens to help bridge the gap during this time for you. Call now to learn more.
The Sheer Scale of Mass Tort Litigation
Roundup lawsuits are not individual, isolated cases. They are part of a “mass tort,” which involves thousands of plaintiffs filing similar claims against a single defendant. When a product harms a large number of people in a similar way, the legal system consolidates these cases to handle them more efficiently. However, this consolidation also adds layers of complexity that slow down the process.
Instead of one lawyer negotiating with one company, you have a massive legal effort involving numerous law firms, plaintiffs, and court systems. Coordinating this effort, gathering evidence for thousands of cases, and developing a unified legal strategy takes a significant amount of time.
Navigating Multidistrict Litigation (MDL)
To manage the thousands of Roundup cases filed in federal courts across the country, the legal system uses a process called Multidistrict Litigation (MDL). All federal Roundup lawsuits have been consolidated into a single MDL in the Northern District of California.
The purpose of an MDL is to streamline the pretrial proceedings, including evidence discovery and legal arguments. A single judge presides over these initial phases, ensuring consistency and efficiency. While this avoids repeating the same steps in thousands of different courts, the MDL process itself is incredibly time-consuming.
Key phases of the MDL that contribute to delays include:
- Appointing Leadership: The court appoints a Plaintiffs’ Steering Committee (PSC) to lead the litigation on behalf of all plaintiffs. This committee makes key strategic decisions, coordinates discovery, and handles negotiations.
- Discovery: This is one of the longest phases. Lawyers for the plaintiffs must collect millions of pages of internal corporate documents from Bayer (and previously Monsanto). This includes everything from scientific studies and marketing materials to internal emails and memos. Reviewing this mountain of information to find evidence of negligence takes years.
- Depositions: Attorneys must depose key witnesses, including Bayer executives, scientists, and marketing personnel. These interviews are crucial for building the case but are often contentious and lengthy.
- Expert Testimony: Both sides rely heavily on expert witnesses—such as oncologists, epidemiologists, and toxicologists—to support their arguments. Identifying, vetting, and preparing these experts is a detailed and expensive process.
The Role of Bellwether Trials
Within the MDL, the court selects a small number of representative cases, known as “bellwether trials,” to go to trial. These trials are not intended to resolve every case, but rather to test legal arguments and see how juries respond to the evidence.
The outcomes of bellwether trials are critical for the settlement process. They help both sides gauge the strengths and weaknesses of their cases and estimate potential jury verdicts.
- If plaintiffs win significant verdicts, it puts pressure on Bayer to offer larger, more reasonable settlements.
- If Bayer wins, it may strengthen the company’s negotiating position and lead to lower settlement offers.
Each bellwether trial can take months to complete, and the appeals process can add years to the timeline. Because these trials are so influential, they must be meticulously prepared, which contributes to the overall delay.
The Complexity of Proving Causation
At the heart of every Los Angeles Roundup lawsuit is the need to prove “causation”—that exposure to glyphosate, the active ingredient in Roundup, was a substantial factor in causing the plaintiff’s cancer (typically non-Hodgkin’s lymphoma). This is a complex scientific argument that requires extensive evidence.
Your legal team at Walch Law must build a detailed case that includes:
- Exposure History: Documenting how, when, and for how long you were exposed to Roundup. This can involve tracking down purchase receipts, work records, and witness statements.
- Medical Records: A thorough review of your medical history is needed to establish a cancer diagnosis and rule out other potential causes.
- Expert Scientific Evidence: Your attorneys will use expert testimony to present the scientific literature linking glyphosate to cancer and explain to a jury how it can cause the specific type of cancer you developed.
Bayer, in turn, invests heavily in its own team of scientific experts to dispute this link. The “battle of the experts” is a central and time-consuming part of the litigation.
Negotiating with a Corporate Giant
Negotiating a global settlement with a multinational corporation like Bayer is a monumental task. Bayer is not just dealing with a few lawsuits; it is facing a multi-billion-dollar liability that affects its stock price and long-term financial health. As a result, the company’s legal strategy is to fight aggressively on every front.
The negotiation process involves several factors that cause delays:
- Valuing the Cases: Before a settlement can be reached, the parties must agree on how to value the claims. This involves creating a matrix that considers factors like the plaintiff’s age, the severity of the cancer, the level of exposure to Roundup, and the strength of the evidence.
- Corporate Approval: Any settlement offer must go through multiple layers of corporate approval at Bayer, involving its legal department, executive leadership, and board of directors.
- Securing Funding: Bayer has had to set aside billions of dollars to fund these settlements. Finalizing the financial arrangements for such a massive payout is a complex corporate undertaking.
- Future Claims: A major point of contention in negotiations is how to handle future claims—from people who have not yet been diagnosed with cancer but may be in the future. Bayer wants to resolve its liability once and for all, while plaintiffs’ attorneys want to ensure future victims have a path to compensation.
The Importance of Patience and Strong Legal Counsel With Walch Law
The road to a Roundup settlement is a marathon, not a sprint. The legal system moves slowly, and the complexities of mass tort litigation against a well-funded opponent add significant delays. While frustrating, this lengthy process is necessary to build the strongest possible case and secure the full and fair compensation you deserve.
The best Roundup law firms understands these challenges. At Walch Law, we are here for you every step of the way. The sooner you call us, the sooner we can get started working on a case for you.
While you wait, it is crucial to continue with your medical treatment and follow your doctor’s advice. Your focus should be on your health, while your legal team focuses on holding Bayer accountable.