Since acquiring Monsanto in 2018 for $63 billion, Bayer AG has faced an unprecedented wave of product liability litigation. The German pharmaceutical and chemical giant inherited tens of thousands of lawsuits alleging that Monsanto’s flagship herbicide, Roundup, causes cancer — and the legal and financial consequences have been staggering. For consumers in New Mexico and across the country who have been exposed to Roundup and other Bayer products, understanding the scope of this litigation and your legal rights is essential.
As of 2024, Bayer has faced more than 160,000 Roundup-related claims and has paid over $10 billion in settlements. But Roundup is not the only product driving litigation against the company. Bayer faces product liability claims related to several of its pharmaceutical and chemical products, making it one of the most heavily litigated corporations in the world.
The Roundup Litigation
Roundup, which contains the active ingredient glyphosate, is the world’s most widely used herbicide. In 2015, the International Agency for Research on Cancer (IARC) — a division of the World Health Organization — classified glyphosate as “probably carcinogenic to humans.” This classification, combined with internal Monsanto documents suggesting the company knew of cancer risks and worked to suppress unfavorable research, triggered a massive wave of lawsuits.
Key Verdicts
Several landmark jury verdicts have gone against Bayer/Monsanto:
- Johnson v. Monsanto (2018) — $289 million verdict (reduced to $78.5 million) for a school groundskeeper with non-Hodgkin lymphoma
- Hardeman v. Monsanto (2019) — $80 million verdict for a long-time Roundup user
- Pilliod v. Monsanto (2019) — $2 billion verdict (reduced to $86.7 million) for a married couple who both developed cancer
These verdicts established that juries are willing to find Monsanto liable for failing to warn consumers about cancer risks associated with Roundup. The internal documents — known as the “Monsanto Papers” — were particularly damaging, revealing corporate efforts to ghostwrite scientific studies, discredit independent researchers, and influence regulatory agencies.
Beyond Roundup: Other Bayer Product Liability Cases
Essure Permanent Birth Control
Bayer’s Essure device, a permanent birth control implant, generated thousands of product liability complaints from women who experienced severe side effects including chronic pain, device migration, organ perforation, and unintended pregnancies. The FDA added a black box warning to Essure in 2016, and Bayer voluntarily withdrew the product from the U.S. market in 2018. Litigation continues from women who were implanted with the device before its withdrawal.
Xarelto Blood Thinner
Xarelto (rivaroxaban), a blood-thinning medication co-marketed by Bayer and Johnson & Johnson, has been the subject of thousands of lawsuits alleging that the drug causes uncontrollable bleeding events, including fatal hemorrhages. Plaintiffs have argued that the companies failed to adequately warn about bleeding risks and that the drug was marketed without an available reversal agent.
PCB Contamination
Through its acquisition of Monsanto, Bayer also inherited liability for polychlorinated biphenyls (PCBs) — toxic industrial chemicals that Monsanto manufactured for decades before they were banned in 1979. PCBs persist in the environment and have been linked to cancer, immune system damage, and neurological effects. Municipalities, school districts, and individuals have filed lawsuits seeking cleanup costs and health-related damages.
Product Liability Law in New Mexico
New Mexico’s product liability laws provide strong protections for consumers harmed by dangerous products. Claims can be brought under several legal theories:
- Strict liability — Manufacturers are liable for injuries caused by defective products, regardless of fault, under the Restatement (Second) of Torts § 402A framework adopted by New Mexico courts.
- Failure to warn — A product is defective if it lacks adequate warnings about known or foreseeable risks.
- Design defect — A product is defective if its design makes it unreasonably dangerous.
- Negligence — The manufacturer failed to exercise reasonable care in designing, manufacturing, testing, or marketing the product.
Statute of Limitations
New Mexico’s statute of limitations for personal injury claims is three years from the date the injury was discovered or should have been discovered (N.M. Stat. § 37-1-8). For latent diseases like cancer, the discovery rule may extend this deadline.
Comparative Negligence
New Mexico follows a pure comparative negligence standard (NMSA § 41-3A-1), meaning your recovery is reduced by your percentage of fault but never completely barred.
Compensation Available in Product Liability Cases
Victims of defective products may recover:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in cases of egregious corporate misconduct)
- Wrongful death damages if the product caused a fatality
Frequently Asked Questions
Can I still file a Roundup lawsuit?
Yes. While Bayer has settled many claims, new lawsuits continue to be filed, particularly by individuals who were recently diagnosed with cancer linked to Roundup exposure. The statute of limitations typically begins when you are diagnosed or learn of the connection between your illness and the product.
What if I used Roundup but haven’t been diagnosed with cancer?
Currently, product liability claims require proof of actual injury. If you have not been diagnosed with a related condition, you do not have a claim at this time. However, you should monitor your health and consult a physician if you experience symptoms, as cancers linked to glyphosate can develop years after exposure.
Does Bayer’s settlement mean they admitted Roundup causes cancer?
No. Bayer has consistently maintained that Roundup is safe and does not cause cancer. Settlements are not admissions of liability — they are business decisions to resolve litigation. However, the scientific evidence and jury verdicts suggest otherwise.
How do I join a lawsuit against Bayer?
You do not “join” a class action in most Roundup cases — these are typically individual lawsuits or cases consolidated in multidistrict litigation (MDL). An experienced product liability attorney can evaluate your case and file an individual claim on your behalf.
Contact Dominguez Law for a Free Consultation
If you or a loved one has been harmed by Roundup or another Bayer product, you deserve experienced legal representation. At Dominguez Law, we have the resources and determination to take on large corporations and fight for the compensation our clients deserve.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
