A weed killing chemical, Roundup, is facing lawsuits as people are claiming that it is causing non-Hodgkin lymphoma or related cancers. Bayer, the owning company of the product, attempted to dismiss the lawsuit, but it was quickly denied by the U.S. appeals court. 

On monday, the court rejected Bayers plea to dismiss a lawsuit filed by a Georgia doctor, claiming that the company's weedkiller is the cause of his cancer. This lawsuit comes in the midst of numerous similar cases, meaning a potential billion dollar payout in liability to those affected. 

Bayer argued that the approval of the product by federal regulators protected the company from claims regarding misinformation and inadequate warnings about the product's risks.

Many investors are and have been urging Bayer to conform its approach to settlements and restructure the company in support of the claims, but Bayer remains committed to defending their alleged cancer causing product.  

David Carson, the plaintiff in Monday's case, claimed that his use of Roundup for over 30 years led to his diagnosis of malignant fibrous histiocytoma in 2016. Georgia law requires companies to warn consumers of potential dangers from their product, something that Bayer did not do when considering the ability of Roundup to cause cancer. Carson used this claim against the company, something that the court emphasized in the lawsuit. 

The company settled most of their pending claims in 2020 for up to $10.9 billion, but is still facing over 50,000 claims related to the safety and health risks of their products. Bayer has won 10 of the 16 trials over Roundup, but has still faced losses, with over $4 billion in jury verdicts since last October. 

Consumers are eligible to file a Roundup cancer lawsuit if they were exposed to the product through direct use for a long period or were exposed to large amounts at the age of 12 or younger. Additionally, if consumers received a diagnosis of non-Hodgkin lymphoma or another qualifying cancer on June 1, 2018 and have used the product before, a potential lawsuit can be filed. 

The average for a Roundup lawsuit is around $160,000, but the amount can be more or less depending on the severity of the case. Licensed roundup lawyers are available to discuss settlements with consumers. 

Roundup is not banned in the U.S., but Bayer has stopped selling residential formulas, only to continue selling their commercial formula. 

Nothing can predict the future of Bayer and Roundup, but a big payout or settlement by the company is expected in the midst of thousands of claims.