Monsanto RoundUp Lawsuit
RoundUp is one of the most commonly used herbicides worldwide. Homeowners, gardeners, farmers, and many other people have used RoundUp for decades to control weeds. While Monsanto, the makers of RoundUp, continue to deny that RoundUp causes any health problems, many others claim that RoundUp can cause cancer and other conditions.
If you or a loved one developed cancer that could be caused by RoundUp exposure, including non-Hodgkin’s lymphoma, you may be entitled to compensation known as damages. These damages may cover your medical bills, lost wages, pain and suffering, and other losses. You may be able to seek compensation through a lawsuit against Monsanto or through an out-of-court settlement.
What Is RoundUp?
RoundUp is the commercial name for the herbicide glyphosate, which Monsanto developed. RoundUp was commercialized in the 1970s. Since then, it has become the most dominant herbicide, according to Pest Management Science. It is particularly useful on transgenic crops such as Monsanto’s RoundUp Ready crops, which are resistant to RoundUp. When applied to RoundUp Ready crops, RoundUp kills weeds and other plants surrounding the crop without harming the crop itself.
Herbicides such as RoundUp are critical to the agriculture industry, especially in the United States. However, concerns have arisen over time about the potentially negative impact of RoundUp on human health. The Journal of Xenobiotics reports that the International Agency for Research on Cancer (IARC) classifies glyphosate as a probable carcinogen or cancer-causing substance. This is especially troubling as RoundUp may persist in the soil, air, water, and food products long after its application.
Who Can File a RoundUp Lawsuit Against Monsanto?
Anyone who developed cancer because of exposure to RoundUp may be able to file a lawsuit against Monsanto. Farmworkers, gardeners, landscapers, and other people who regularly used RoundUp are the most likely groups of people with grounds for a lawsuit. However, cancer victims are not the only people to experience suffering and economic losses related to RoundUp. The surviving family members and legal representatives of those who passed away from RoundUp-related cancer may be able to sue.
These parties can file a lawsuit:
- Victims directly affected by RoundUp: If you developed non-Hodgkin’s lymphoma or another type of cancer that you believe was caused by exposure to RoundUp, you may be able to sue Monsanto and its parent company Bayer.
- Family members of victims: If you are an immediate family member of someone who passed away from cancer that you believe was caused by exposure to RoundUp, you may be able to sue Monsanto and Bayer.
- Estate managers of victims: If you are a legal representative managing the estate of someone who passed away because of RoundUp-related cancer, you may be able to sue Monsanto and Bayer.
If you fall into one of these categories, you may be able to file a RoundUp lawsuit against Monsanto. If you feel uncomfortable fighting such a large corporation on your own or are unsure of how to file a lawsuit, a RoundUp Lawsuit lawyer may be able to help you.
What Is the Difference Between an Individual RoundUp Lawsuit and the RoundUp MDL?
The main difference between an individual RoundUp lawsuit and the RoundUp multi-district litigation (MDL) action is the number of plaintiffs suing Monsanto for damages.
In a normal individual lawsuit, only one person sues the defendant for damages for the losses they experienced related to a product or other causes. In an MDL, a group of plaintiffs who have similar complaints sues the defendant for similar damages. However, it is important to note that when a plaintiff joins an MDL, they still maintain their own individual lawsuit against the defendant.
People who file suit against Monsanto for RoundUp-related damages will likely become part of the current MDL action.
How the MDL Against Monsanto Works
The main advantage of the MDL against Monsanto is that there is strength in numbers. When many plaintiffs organize together under one lawsuit, they are in a powerful bargaining position. When faced with a strong case by a large group of plaintiffs, Monsanto may be more inclined to settle out of court and resolve the case quickly.
With an MDL, the case will begin with what is known as bellwether trials, which are initial trials that test the arguments in the case and give the plaintiffs a sense of the damages they could seek in their own cases. If the bellwether trials are successful, all other plaintiffs in the MDL with strong evidence in their favor may be able to receive a settlement.
While you gain strength with an MDL, you also maintain the uniqueness of your own individual lawsuit, as you will generally be able to seek compensation based on the specific facts of your own case. For instance, if you paid thousands of dollars in medical costs to treat cancer and your lawyer can show that your cancer resulted from RoundUp, you could be able to seek a settlement in proportion to your actual damages. This makes an MDL distinct from a class action case, where plaintiffs typically split a single settlement amount.
How to File a RoundUp Lawsuit
Unless you have experience filing lawsuits, you may feel most comfortable working with a lawyer who has handled cases like yours. A lawyer will take care of the legal and administrative aspects of your RoundUp lawsuit. They will:
- Document your exposure to RoundUp: They will collect evidence showing that you experienced significant exposure to RoundUp. This evidence may include your work records, interviews with your supervisors and coworkers, interviews with you and your family members, and more.
- Document your medical history: It is not enough to have been exposed to RoundUp. You must show that you suffered medical problems because of your exposure. Your medical records and expert medical testimony are the best ways to demonstrate the link between your exposure and your health problems. A lawyer will gather your medical records, interview you and your family members, and interview your doctors and other medical experts to link your exposure to your health problems.
- Build your case: A lawyer will look for additional support for your case. They may look at other cases of people who have suffered from non-Hodgkin’s lymphoma and other cancers caused by exposure to RoundUp. They may also gather scientific evidence linking glyphosate exposure to cancer in humans.
- File a lawsuit: A mass tort lawyer lawyer will file a lawsuit on your behalf and represent you at trial. They may be able to negotiate an out-of-court settlement if the case against Monsanto/Bayer is successful.
RoundUp Lawsuit Settlements
CNN reports that in June of 2020, Bayer agreed to settle many of the current and future lawsuits filed against the company. Under this agreement, which still requires approval by a judge, the company admits no wrongdoing or liability.
According to information provided by Bayer, the parent company of Monsanto, the company has already settled roughly 96,000 out of the 125,000 lawsuits filed against it. That means 96,000 parties have already received their RoundUp lawsuit payout. Bayer plans to resolve the remaining cases shortly.
Currently, Bayer has petitioned the United States Supreme Court to review the Hardeman decision, which is the only federal product liability RoundUp case to go to trial. A ruling in Bayer’s favor could effectively end future litigation related to RoundUp. Bayer has prepared for a negative ruling by establishing a $4.5 billion fund to handle future claims.
RoundUp Lawsuit Settlement Amounts
Each person who was injured by RoundUp is unique, and so each case is unique as well. Not everyone awarded a portion of the RoundUp settlement will receive the same amount of money. Instead, each person could be awarded a payment based on the unique costs and losses of their case. Plaintiffs could seek compensation for:
- Past and future medical expenses: You can seek compensation for the diagnosis and treatment of non-Hodgkin’s lymphoma or other conditions caused by RoundUp exposure. This may cover initial treatment or referrals from your general practitioner as well as treatments from specialists.
- Loss of income and loss of earning capacity: If you had to take unpaid time off of work because of your cancer and your necessary treatment, you can seek compensation for loss of income. If you cannot return to work in the same capacity or cannot return to work at all, you can seek compensation for loss of earning capacity. This will compensate you for your future loss of income.
- Pain and suffering: It may seem difficult to put a price tag on the physical pain and emotional trauma you have experienced, but a lawyer with experience handling personal injury cases can help you quantify these losses. You can seek compensation for the physical pain caused by your illness and the painful cancer treatments, including chemotherapy and radiation. You can also seek compensation for the emotional trauma of your illness.
- Wrongful death: If you lost a family member to cancer caused by RoundUp, you may be able to recover wrongful death damages. The damages available vary from state to state, so consult a lawyer in your state about your case. Many states allow damages such as medical treatment, funeral and burial costs, pain and suffering your loved one experienced before passing away, loss of future income, loss of marital or parental relationship, and more.
A lawyer can investigate the unique facts of your case to determine all the ways RoundUp exposure has affected your life. Then, they can tell you about all forms of compensation you may be entitled to seek.
Depending on the details of your case, you could be able to seek other damages beyond those listed above.
So, How Long Does a RoundUp Lawsuit Take?
It is difficult to say exactly how long a RoundUp lawsuit will take. Many factors influence the length of the legal process. A lawyer will need time to substantiate your claim that RoundUp caused your illness, gather evidence to build your case, and file a lawsuit. Once they file the lawsuit, the case could be resolved with an out-of-court settlement.
Each case is unique and requires a tailored approach. A lawyer will evaluate your claim, establish a timeline of exposure to RoundUp and the development of your symptoms, and craft a legal strategy designed to get you the best possible outcome.
The Statute of Limitations in a RoundUp Lawsuit
One critical factor in your RoundUp case is the statute of limitations for personal injury. Every state has a statute of limitations that defines how long you have to file a lawsuit after suffering a personal injury. For a RoundUp lawsuit, this statute of limitations would generally start on the date of your last exposure to RoundUp. Because each state has its own laws, a lawyer will determine how your state laws affect your case.
One variable in a RoundUp lawsuit is how long after exposure to RoundUp you began to develop symptoms of serious illness. Many people become sick well after their exposure to RoundUp, and well after the statute of limitations has run out. In these cases, the clock begins on the day the patient first noticed their symptoms. A lawyer will look at the specifics of your case to determine how long you have to sue.
Wrongful Deaths Caused by RoundUp Exposure
Sadly, some people who develop cancer because of RoundUp exposure do not live to see the end of their legal battle against Monsanto and Bayer. If your family member passed away because of an illness caused by RoundUp, you may be able to recover compensation for wrongful death.
Each state has its own legal deadlines for filing a wrongful death lawsuit. The clock starts on the day your loved one passed away, so seek prompt legal advice if you believe their death resulted from RoundUp use. A lawyer will work with you to make sure you meet legal deadlines for a wrongful death.
If you or a family member developed non-Hodgkin’s lymphoma or another type of cancer because of exposure to RoundUp, you may be able to recover damages for your medical bills, lost wages, pain and suffering, and more. Fill out this contact form to learn more about filing a RoundUp lawsuit against Monsanto.