The agreements will resolve the vast majority of the current litigation in U.S. federal and state courts, including both plaintiffs with filed cases and parties who have retained counsel but not yet filed their claims in court.
The resolved claims include all plaintiff law firms leading the Roundup™ federal multi-district litigation (MDL) or the California bellwether cases, and those representing approximately 95% of the cases currently set for trial, and establish key values and parameters to guide the resolution of the remainder of the claims as negotiations advance. The claims still subject to negotiation largely consist of cases generated by TV advertising and for which plaintiffs’ law firms have provided little or no information on the medical condition of their clients, and/or cases held by law firms with small inventories.
The resolution involves approximately 125,000 filed and unfiled claims overall and puts in place a mechanism to resolve potential future claims efficiently. For this settlement overall, Bayer will make total payments between $10.1 billion and $10.9 billion (€9.1 billion and €9.8 billion).
The company will make a payment of $8.8 billion to $9.6 billion to resolve the vast majority of the current Roundup™ litigation, including an allowance expected to cover unresolved claims and $1.25 billion to support a separate class agreement to address potential future litigation. The reason for the range is that the final cost will depend on the cost of resolving some outstanding claims, for which we have provided an allowance, and also the number of claims that ultimately are eligible under the agreements.
In the three cases that have gone to trial to date – Johnson, Hardeman, and Pilliod – we will continue with appeals to defend our company. These cases are not part of the agreement. It is important for the company to continue these cases as the appeals will provide legal guidance going forward.