What Is A Roundup Lawsuit?
A Roundup Lawsuit is a suit filed against the company that manufactured a product called Roundup. In many cases, the parties involved in these lawsuits agree on the settlement. This helps in settling the case without going to trial. The plaintiff may accept payment from the defendants in Monsanto or Bayer Roundup settlements.
Roundup is a weed-killing product that depends on glyphosate, an active ingredient. Glyphosate is a chemical compound discovered in the early 1970s. Glyphosate is harmful to plants and crops, as it can kill them when it comes in contact with them. Roundup was first manufactured by Monsanto, which was later acquired by Bayer.
In 2015, the World Health Organization International Agency for Research on Cancer (IARC) announced that glyphosate can cause cancer and classified it as “possibly carcinogenic”. In a Roundup cancer lawsuit, the plaintiff alleges they have been diagnosed with cancer as a result of using a Roundup product. The type of cancer caused by Roundup is non-Hodgkin’s lymphoma. In this type of cancer, the body develops a disease-fighting lymphatic system.
The first Roundup lawsuit was filed in 2016. A man from California who developed non-Hodgkin’s lymphoma after using Roundup for more than 25 years. The man alleged that Monsanto knew about the risks of glyphosate but failed to warn consumers.
Symptoms of Cancer Related to Roundup
Some of the most common symptoms that people diagnosed with non-Hodgkin’s lymphoma experience are as follows:
- Swelling in one or more lymph nodes
- Coughing
- Breathing Problems
- Nausea
- Bloody Stool
- Pain in bones
- Sudden Weight loss
- Fever frequently lasting for 14 days or more
- Numbness on the face
- Sweating and chills lasting for 14 days
- Fatigue and tiredness
- Weakness
- Uncontrolled Itching
Who Can File A Roundup Lawsuit?
Any person who has used the product and thinks that they are suffering from cancer as a result of using the product can file a Roundup lawsuit. Those who may file a Roundup lawsuit include the following:
Victims: The victims who believe that they suffer from non-Hodgkin’s lymphoma or any type of cancer due to the product use can file a Roundup lawsuit. They can take legal action against Monsanto and Bayer.
Estate Managers: An individual who has been handling the estate of someone who died of cancer due to Roundup use can file a Roundup lawsuit. The estate members include close friends, legal representatives, or family members.
Family Members: In cases where a person has died due to exposure to Roundup weed killer or other cancer-causing Roundup products, family members can file a wrongful death claim. They must prove that the victim’s death has been due to the use of Roundup.
How Can I File A Roundup Lawsuit?
To file a lawsuit, you must seek the guidance of a Product Liability Lawyer. Without taking legal guidance, you will be unable to take the right course of action. To file a Roundup lawsuit, you need to follow certain steps:
Step 1: Collecting Necessary Details: Your legal team will collect all the essential information required to file the lawsuit. The details include the exposure of a victim to Roundup, along with the victim’s medical history.
Step 2: Gathering Evidence: They will gather the evidence, including work history, medical records, and other records. The legal team will also review whether someone else has also experienced the same kind of cancer.
Step 3: Filing Claim: When all the evidence and details regarding the case have been gathered then you can file a lawsuit.
What is the Latest Roundup Lawsuit Update?
In this section, there will be updates on the Roundup lawsuit as per the latest developments in Roundup litigation.
April 29, 2022 Update: The judge agreed on this date that the consumers will be given a settlement regarding the Roundup consumer action cases that clearly state that Monsanto has illegally marketed Roundup without any warning of cancer labels. However, Roundup consumers who are developing NHL may file a separate Roundup cancer lawsuit.
April 13, 2022 Update: Bayer does not want any other Roundup lawsuit to go to trial until the plaintiff has a realistic claim. However, before that, Bayer agreed to a settlement that will help resolve some of the pending Roundup lawsuits. The settlement will help the company to avoid excessive trials.
April 10, 2022 Update: The Roundup lawsuit depends largely on whether Bayer’s pre-emption appeal will be heard by the U.S. Supreme Court or not. The Supreme Court has asked for a summary on whether the Roundup lawsuit is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act. The Biden administration must submit it to the court to avoid any speculation.
March 23, 2022 Update: Bayer appealed a Roundup verdict in the U.S. Supreme Court with a 43-page writ. This writ of certiorari regurgitates the preemption argument. This was filed by Bayer because the Environment Protection Agency (EPA) found the Roundup safe. This means that any Roundup lawsuit filed for causing cancer will be preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA is a federal statute that is responsible for regulating the herbicide along with its labels. The appeal that was filed was for a nearly $2 billion Roundup verdict which was later reduced to $86.7 million.
March 7, 2022 Update: Until now, the Roundup cases had been rising and had reached 4,005 cases. The lawyers associated with Roundup lawsuits were taking the cases to the state court. There were nearly 31,000 cases related to Roundup that were still pending.
February 3, 2022 Update: In another Roundup class action lawsuit, Bayer agreed to a settlement amount ranging between $23 million to $45 million. The huge amount was agreed on because Bayer and Monsanto did not notify consumers about the cancer risk associated with Roundup weed killer.
January 3, 2022 Update: In California, there were more than 3,989 lawsuits that were pending to be settled. In the entire United States, there were nearly 20,000 to 30,000 Roundup lawsuits that were still pending.
December 28, 2021 Update: The stock of Bayer has shown a dip in the last few years following the purchase of Monsanto. This is due to the settlement amount of $1.1 billion in the Roundup lawsuit. There were complaints against Bayer that Roundup is causing non-Hodgkin’s lymphoma. This time, the arguments were not only made by the NHL cancer victims but also the investors.
There were more than 250 investors who filed a Roundup lawsuit against Bayer. This would help them get more realistic settlement amount in Roundup Litigation Phase 2.
What Compensation Am I Entitled to in a Roundup Lawsuit?
The compensation awarded in a Roundup lawsuit depends largely on the particulars of the case. Roundup lawsuits may also be settled out of court.
The compensation may include a range of losses, including:
- Medical expenses that are required to treat your Roundup-related illness.
- Lost income
- Pain and suffering that a patient has suffered, both mentally and physically.
One of the primary concerns is the statute of limitations that must be taken into consideration before filing a Roundup lawsuit. Your injury lawyer can help inform you about the deadlines that must be considered before you file an injury claim. In some states, the statute of limitations in Roundup lawsuits is the same as the personal injury lawsuits, while in other states it may be the same as product liability claims.
If using Roundup has caused you health problems, then your case may not be straightforward. You may require legal advice and must maintain a good attorney-client relationship. This may help you in the filing of your claim. Contact the law offices of Samuel Fishman for a free case consultation.