Litigation Investing Mastery Series

Inside the Roundup Lawsuit: Major Wins Fighting Corporate Misconduct (Part 8)

In previous editions of Litigation Investing Mastery, we discussed the case selection strategy for our Diversified Litigation Portfolio and the critical importance of targeting late-stage cases. Today, we turn our focus to a landmark case that exemplifies our approach.

The Roundup Case

Background: Monsanto, now owned by Bayer AG, produced Roundup, a widely used herbicide. Despite its popularity, Roundup has been linked to serious health risks, particularly non-Hodgkin’s lymphoma.

Litigation Results:

  • Numerous studies and jury verdicts have established a connection between glyphosate and cancer.
  • Plaintiffs have won significant cases against manufacturer Monsanto/Bayer, with juries awarding substantial compensatory and punitive damages for medical expenses, pain, and suffering.
  • To date, Bayer has agreed to pay up to $10.9 billion to settle thousands of lawsuits, yet the product remains on the market, indicating that Bayer finds it more profitable to settle these cases than to cease sales​ (American Council on Science and Health)​​ (Wisner Baum)​.
Corporate Misconduct: Monsanto failed to warn users about the potential cancer risks associated with glyphosate, the active ingredient in Roundup. They not only manipulated scientific studies but also influenced regulatory assessments to downplay the risks. EPA Report Controversy: In 2016, an internal report from the EPA found evidence suggesting that glyphosate, the active ingredient in Roundup, might be linked to non-Hodgkin’s lymphoma. However, this report was not made public, and the EPA instead announced that glyphosate was “not likely to be carcinogenic.” This inconsistency between the internal report and the public statement has been a major issue in the lawsuits, suggesting that Monsanto may have influenced the EPA’s public position on glyphosate’s safety.(American Council on Science and Health)​​ (Wisner Baum)​.

Why This Case Matters

The Roundup case stands out due to the sheer scale of settlements and the ongoing nature of the litigation.

Despite billions paid in settlements, Monsanto/Bayer has continued to face legal challenges, and the product remains unchanged and on the shelves, the settlements have not exceeded the profitability.

Our Strategic Advantage

Our focus on late-stage cases like Roundup ensures we are engaging in litigation where liability and causality are well established.

This reduces risk and increases the predictability of returns.

By conducting thorough due diligence on each claimant, we verify both exposure to the product and the medical records of the harmed, reducing the overall risk of our investment strategy and allowing us to participate in giving access to justice to these individuals.

What’s Next

Stay tuned for our next post, where we will delve into another significant case in our portfolio.

Want The Litigation Investing Mastery Series delivered each week to your inbox? Subscribe here [link]

Or click here [link] to jump ahead and read next week’s blog.

Submit a Comment

Your email address will not be published. Required fields are marked *