How Can You Prove You Used Roundup?
If you have evidence to show that you used Roundup weedkiller and later developed non-Hodgkin’s lymphoma, you may have a viable case for compensation against manufacturer Bayer AG.
Proving you used Roundup may not be as hard as it seems. Your RoundUp Lawsuit attorney will work with you to gather the necessary evidence, including receipts, partially used containers, invoices for landscaping work, or even proof you worked in an industry where herbicide exposure is likely.
How Do I Know if I Am Eligible for a Roundup Claim?
While plaintiffs must prove several factors to hold Bayer AG responsible and recover compensation, the most important to your case are:
- You used a glyphosate-based herbicide over a long period or had other exposure to Roundup.
- You later received a non-Hodgkin’s lymphoma diagnosis or have another qualifying cancer.
- You are still within the statute of limitations in your state.
Most people who have proven a link between Roundup and their later cancer diagnosis worked in industries where handling glyphosate-a key ingredient in Roundup-would be the norm. This includes:
- Lawn care workers
- Golf course maintenance
- Agricultural workers
- Landlords or those who maintained their own large property
- Workers from glyphosate product plants
- Anyone who has a history of significant exposure, such as a large spill
However, others could qualify as well. If you believe you meet the initial criteria to file a lawsuit, you should discuss your options with an attorney handling Roundup litigation. They can determine the statute of limitations and discuss the latest in this case with you. They will also offer advice and guidance on your next steps.
What Are the Claims Against Bayer AG?
Some of the glyphosate weedkiller cancer claims are based on failure to warn, which requires proof that:
- The risks of Roundup were known to Bayer AG or generally accepted among researchers.
- Bayer AG continued to manufacture and market Roundup.
- The danger from Roundup occurred when the product was used in a reasonable and foreseeable way.
- The company failed to adequately warn of the potential risks.
- The plaintiff’s damages could have been prevented with proper warnings.
Because the plaintiffs in these product liability cases are working together through multidistrict litigation, the evidence is available to potentially prove several types of cases. These include failure to warn, defective design, and negligent manufacture and marketing.
You could have a case if you have a history of non-Hodgkin’s lymphoma and exposure to glyphosate herbicides such as Roundup. It may be possible to win a jury verdict or get a settlement to help you pay for your medical care and other losses. There is still time to act.
Diagnosed With Cancer After Roundup Use?
Plaintiffs participating in the Roundup litigation have physicians working on their behalf to confirm their diagnosis and explain how it changed their lives. In these cases, providing details to the courts can emphasize why this litigation is necessary. Medical experts can help juries understand:
- How this type of cancer affects the body
- The necessary treatments
- How cancer treatment affects the patient’s quality of life
- The patient’s long-term prognosis
- Whether the cancer is likely to return
This is important so that the juries hearing these lawsuits understand the impact of non-Hodgkin’s lymphoma on the individual and their family. This knowledge plays a role in proving economic and non-economic damages. It also ensures that Bayer AG and Monsanto cannot shrug off the consequences of continuing to sell their dangerous weedkiller.
If you do not yet have a diagnosis but believe you may have glyphosate-related cancer, you should see a doctor as soon as possible. Early detection and treatment give you the best chance at beating the cancer and going into remission. Meanwhile, an attorney can assist with your compensation claim.
An Attorney Can Review the Strength of Your Case
The personal injury lawyers handling glyphosate herbicide litigation are reviewing these cases for free. If requested, they will meet with you to discuss:
- Your diagnosis and treatment
- Your prognosis
- Your history with Roundup products
- The future of these cases
Law firms handle these cases based on contingency, meaning they are not asking for any upfront payments. Instead, their attorney’s fee will be a percentage of the compensation won.
What Type of Cancer Has Roundup Been Linked To?
Lymphatic cancer is at the center of the glyphosate exposure lawsuits, especially non-Hodgkin’s lymphoma. A body of scientific research supports the link between this cancer and Roundup.
One 2019 study found that participants with glyphosate exposure developed non-Hodgkin’s lymphoma at a rate that was 41 percent greater than those who had not used the weedkiller. This study was conducted by researchers at the University of Washington and published in Mutation Research.It documented a significant link between the use of these weedkillers and the development of this particular type of lymphatic cancer.
More About Non-Hodgkin’s Lymphoma
According to the American Cancer Society, non-Hodgkin’s lymphoma is one of the most common cancers. It affects:
- About 1 in 41 men and 1 in 52 women during their lifetime
- Around 81,500 people each year
- People of all ages, although males are slightly more likely
With the commonality of this cancer (as many as 4 percent of all cancers diagnosed) and the widespread use of Roundup and other glyphosate herbicides, many more people could qualify to join the ongoing litigation against Bayer AG.
What Are Common Symptoms of Cancer Caused by Roundup?
According to the American Cancer Society, non-Hodgkin’s lymphoma symptoms could depend on where in the body this cancer occurs. Sometimes, there are no apparent symptoms until the tumor reaches an advanced stage. However, if you have a history of glyphosate exposure and experience any of the following symptoms, you should discuss them with your doctor.
Signs and symptoms of non-Hodgkin’s lymphoma include:
- Swollen lymph nodes
- Chills and difficulty maintaining appropriate body temperature
- Unexplained weight loss
- Fatigue
- Swollen abdomen sometimes accompanied by feeling full quickly when eating
- Chest pain or pressure
- Shortness of breath
- Unexplained cough
- Severe or frequent infections
- Bruising or bleeding significantly from small injuries
Some people may experience “B symptoms” instead of or in addition to their other symptoms. This can include:
- Chronic fevers without known infections
- Significant night sweats
- Loss of at least 10 percent body weight over six months without trying
Do You Qualify: Roundup Cancer Lawsuit Settlement Claim Review
The Roundup cancer lawsuits are headed for a global settlement. This settlement will include payments for those involved in the ongoing litigation and a fund earmarked for those who receive a diagnosis in the coming years. While the court has already approved a payout for current plaintiffs, there is still ongoing discussion about how funding will work for future claims as of January 2022.
Most Roundup lawsuits were consolidated into MDL 2741 Roundup Products Liability Litigation in October of 2016. Since that time, MDL 2741 has gone through discovery, pretrial motions, and several bellwether trials. There were around 4,000 lawsuits still pending on December 15, 2021, according to a report from the U.S. Judicial Panel on Multidistrict Litigation (JPML).
Three Roundup lawsuits have gone before juries in this MDL to date, and all three juries chose to award losses and punitive damages to the plaintiffs. This is a factor in why Bayer AG has attempted to reach a global settlement with most of the remaining claimants.
The Global Settlement for Victims of Roundup Exposure
Bayer AG is offering what it calls a “five-point plan to close the Roundup litigation.” This includes:
- Settling roughly 96,000 of the 125,000 pending cases
- Asking the U.S. Supreme Court to rule that the demands of remaining plaintiffs are unreasonable
- Set aside around $4.5 billion to manage remaining and future claims
- Reformulate their residential products without glyphosate beginning in 2023
- Offer consumers more transparency with information and research on glyphosate products
What remains to be seen is how Bayer AG and subsidiary Monsanto will manage the remaining lawsuits already in progress and how they will handle future claims. The judge overseeing the MDL has expressed a desire to see a better, more comprehensive, and longer plan to manage potential lawsuits over the coming years.
Who Can File a Roundup Lawsuit?
While many Roundup cancer lawsuits are coming to an end with settlements or awards, others are just beginning. Some will not occur for several more years because of the time it takes the cancer to develop and a diagnosis to be made. Those who have not yet filed may still have time to do so.
You may have a case if you or a loved one was exposed to a glyphosate-based herbicide such as Roundup and later diagnosed with non-Hodgkin’s lymphoma. Your mass tort lawyer will help you show:
- You used or were exposed to Roundup.
- You received a diagnosis of non-Hodgkin’s lymphoma diagnosis or another lymphatic cancer.
The judge overseeing the Roundup multidistrict litigation is requiring the company to set up a plan for those who will develop this cancer later on. Still, your best chance at justice is to file your claim as soon as possible. If you receive a diagnosis, connect with a lawyer to discuss your rights right away.
How Long Do I Have to File a Roundup Lawsuit?
As of January 2022, Bayer AG is in the process of settling many Roundup cancer claims and trying to avoid paying out more than the company believes is fair in other cases by going to the U.S. Supreme Court. However, this does not mean that the time has passed to file your own case and pursue compensation.
Plaintiffs in the ongoing litigation have shown they have strong evidence, and the juries that heard the initial bellwether trials agreed. Their verdicts and significant punitive awards show that:
- The evidence shows Roundup and other glyphosate-based weedkillers are dangerous and defective.
- Monsanto and Bayer AG failed to warn consumers of risks associated with their products.
- The companies were negligent when they manufactured and distributed these dangerous products.
The only way to receive punitive damages is to take a case to court and have a jury decide the defendant acted in a particularly harmful way. In the first three Roundup cancer bellwether trials, the punitive damages awarded were significant. These cases include:
This school groundskeeper received $289.2 million, including $39.2 million in compensatory damages and $250 million in punitive damages. The court denied Bayer AG’s appeal.
The initial award was $80.2 million, including $5.2 million in compensatory damages and $75 million in punitive damages. However, it was later reduced to $25.2 million on appeal. This is the case currently waiting to hear from the U.S. Supreme Court.
This case featured a couple who both developed cancer. The jury awarded them $2.055 billion, although Monsanto later appealed, and the court reduced the total to around $87 million. They initially received awards of $37 million and $18 million in compensatory damages and $1 billion each in punitive damages.
As you can imagine, this was not the start Bayer AG and Monsanto wanted in these cases. Settling out of court seemed like the best course of action since they wanted to avoid paying out such significant awards to thousands of claimants. We do not yet know details of the individual settlements accepted, but NPR reported that the company earmarked around $10 billion to end litigation in cases involving:
- Glyphosate herbicides, including Roundup
- Dicamba herbicides
- Polychlorinated biphenyl (PCB) water contamination
The majority of this settlement is set aside for current cases in the Roundup litigation, which is by far the largest of the three. This will likely account for between $8.8 billion and $9.6 billion of the total. More will be held in a fund for future claims, although how much and how this will be handled remains to be seen.
Consult a Roundup Lawsuit Attorney About Your Options
If you believe you may have a Roundup cancer case, you can discuss your rights and options with a mass tort lawsuit attorney well-versed in this case during a free consultation. Call 800-874-8678 to get started. You may be able to seek and recover compensation while holding the negligent parties legally responsible.