In today’s post Scott shares his own personal reflections on this lawsuit. This does not constitute legal advice and anyone involved in this case is advised to get professional advice.

For anyone involved in the Bayer/Monsanto Roundup litigation this post is for you. You might want to consider carefully your options.

As you are aware Bayer announced the settlement over a month ago then ran into legal troubles because of a proposed sub class of plaintiffs they wanted to create. This did not greatly impact the tens of thousands of people suffering from leukemia and lymphomas, caused by Glyphosate (Roundup) who already filed suit ot were represented by a lawyer… though might slow it down.

Details are starting to leak about exactly what is in the settlement terms, but let me be clear, I have yet to actually see any documents and only spoke to one so/so reliable person who claims to have. Other websites also are posting similar details.

The average payment seems to be $125K to $150 depending on which law firm is representing you. Different payment amounts for different law firms.

The biggest horror show, and what you need to consider before signing on any dotted line is it seems the plaintiffs will be required to dismiss their lawsuit and waive future claims based only on Bayer’s “good word” and shaky promise of an unspecified amount of money that might be nothing, paid at a vague uncertain, but maybe next year or later, future.

If I stole a million dollars from you, would you waive your legal rights against me and dismiss litigation for my shaky promise of an uncertain payment at an uncertain date? I doubt it.

Now, add this into the fact the lawyers will take 40%-50% of the payment and now insurance companies are standing around with their greedy hands out expecting to be reimbursed for cancer treatments. That makes no sense at all, they offered insurance, it was purchased and they lost….and now expect to be paid back? I don’t see Insurance companies returning payments to people who didn’t get sick? Why should they be entitled to money from people are sick.

This could easily end with the person suffering from leukemia receiving a check for zero dollars.

Even worse, because of changes to the tax law several years ago and how legal settlements are taxed, it is possible, though probably not likely, based on how the settlement is structured, the person dying of leukemia could receive zero dollars yet still be left holding a tax bill for the entire amount of payout that went to the lawyers and insurance companies. Yes, that is right. A 100,000$ payment Fifty grand to the lawyers, fifty grand to the insurance companies , nothing for the dying leukemia person…yet the leukemia person is on the hook for taxes on $100,000 dollars.

Again, before you sign on any dotted line and waive your legal rights I would expect to know exactly how much payment is being made, when, and exactly how much would be In. My. Pocket at the end and what, if any tax liability I would face.

This has been a bad situation and it doesn’t really look like it is going to get better.