Bayer has already paid over $10 billion in prior settlements and verdicts, including a $3.5 million award in Philadelphia last December and a $611 million verdict in Missouri upheld in 2025. The company continues to defend glyphosate's safety when used as directed, a position supported by the EPA's 2020 determination that the herbicide poses no serious cancer risk. The Supreme Court has rejected Bayer's appeals, including in the Hardeman case, leaving thousands of cases pending across federal and state courts.
For practitioners, the settlement's fate remains uncertain. If opt-outs exceed Bayer's tolerance, the company will likely resume trial-by-trial litigation across multiple jurisdictions, prolonging resolution for plaintiffs and creating unpredictable outcomes. Attorneys representing claimants must weigh the certainty of the class settlement against the possibility of larger individual awards through continued litigation—a calculation that will determine whether the deal survives. The outcome will also signal Bayer's long-term financial exposure and potential stock impact as the company approaches $11 billion in total payouts.