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  • Who Qualifies for the Talcum Powder Lawsuit?

    Who Qualifies for the Talcum Powder Lawsuit?

    Talcum Powder Lawsuit

    When faced with a cancer diagnosis, it’s tempting to ask questions like, “Why?” “Why me?” Or “Why my mother?” Unfortunately, there is no answer to that question for many cancer patients. They may never know if they developed cancer because of misfortune, genetics, or exposure to a carcinogen. 

    But for others, their cancer comes from exposure to a known carcinogen. Sometimes, people knowingly expose themselves to carcinogens-for example, people who smoke cigarettes. In other cases, people expose themselves to a carcinogen without knowing it. For example, thousands of people use talcum powder as part of their daily routine without knowing that it may contain asbestos. These people may qualify for the talcum powder lawsuit.

    What Are the Criteria for Filing a Talcum Powder Lawsuit?

    The criteria to file a talcum powder lawsuit include details about your medical condition, when and how long you were exposed to talcum powder, and how you were exposed. A mass tort lawsuit lawyer will ask you about your exposure, investigate your medical history, and confirm your talc exposure to see if you qualify for a talcum powder lawsuit. Here are some of the criteria to file a talcum powder lawsuit:

    • Medical diagnosis: Lung cancer, mesothelioma, and ovarian cancer have been linked to talcum powder exposure. According to the American Cancer Society, talc has been linked to an increased risk of lung cancer. One study in the American Journal of Industrial Medicine links cosmetic talcum powder use with an increased risk of mesothelioma. Cancer Prevention Research reports that genital use of talcum powder has been linked to an increased risk of ovarian cancer.
    • Time of exposure: Cancer takes a long time to develop. If you were recently diagnosed with lung cancer, mesothelioma, or ovarian cancer and were recently exposed to talcum powder, you probably do not have a good case. Cancer typically develops years after exposure, so the strongest candidates for a lawsuit were exposed a long time ago.
    • Length of exposure: Generally, you must be exposed to talc regularly and for a long time to claim that talcum powder caused your cancer. Many people who developed cancer because of talcum powder were exposed to it every day for many years.
    • Medical and family history: If you have a family history of lung cancer, mesothelioma, or ovarian cancer, or your personal medical history increases your risk of developing one of these conditions, you may not qualify for a talcum powder lawsuit. You must be able to prove that if you had not been exposed to talcum powder, you would not have developed cancer.

    The Time of Your Diagnosis and Talcum Powder Lawsuits

    One critical factor determining whether you qualify for a talcum powder lawsuit is the time of your diagnosis. You do not have forever to file a lawsuit against the negligent talcum powder manufacturer and its suppliers. You must file your lawsuit before your state’s statute of limitations for personal injury runs out.

    Most states set a statute of limitations for personal injury at two, three, or four years. Fortunately, the clock does not start when you were first exposed to talc containing asbestos. Most of the time, the clock starts on the day of your diagnosis. A lawyer familiar with the laws in your state can let you know how much time you have to sue. 

    Types of Cancer and Talcum Powder Lawsuits

    While the manufacturers of talcum powder products maintain that talc is safe, some regulatory agencies and trade groups disagree. According to information from the Federal Drug Administration (FDA), there have been several reports of asbestos in talc-containing cosmetic products, such as body powder, baby powder, and facial powder. It also states that the U.S. federal agencies, other developed nations, and the World Health Organization (WHO) recognize there is no safe level of asbestos exposure.

    In addition, one branch of the WHO, the International Agency for Research on Cancer (IARC), classifies talc containing asbestos as a probable carcinogen. The IARC bases this classification on data showing that:

    • Case reports suggest an association between talc-containing asbestos and mesothelioma.
    • Miners and millers of asbestos-containing talc had higher than normal rates of lung cancer and higher rates of death from lung cancer and respiratory disease.
    • Miners of talc that did not contain asbestos had higher than normal rates of lung cancer.
    • Women who used talc on the perineal area had roughly twice the risk of developing ovarian cancer when compared to women who did not use talc.

    Talcum Powder Manufacturers Hid Knowledge of Asbestos

    Talcum manufacturers claim there are no health hazards associated with talcum powder use. They also claim their talc products contain no asbestos or undetectable levels of asbestos. However, Reuters reports that internal documents show that Johnson & Johnson knew that its talc products contained asbestos but failed to warn the public and inform regulatory agencies. According to the Reuters report:

    • A consulting agency that tested Johnson & Johnson talc in 1957 and 1958 found asbestos contamination.
    • Multiple reports performed by Johnson & Johnson, its supplier, and outside scientists in the 2000s found asbestos contamination.
    • In 1976, Johnson & Johnson told the U.S. Food and Drug Administration (FDA) that its talc samples contained no asbestos even though three tests performed by outside labs from 1972 to 1975 found asbestos contamination.

    This evidence shows that Johnson & Johnson was negligent because it failed to warn consumers that its product contained asbestos, a known carcinogen.

    Mesothelioma and Talc Lawsuits

    Mesothelioma is a cancer of the mesothelium, which is a lining that covers most internal organs. The Cleveland Clinic states that asbestos exposure to mesothelioma causes most cases of mesothelioma. Because mesothelioma does not form a solid tumor, it is incurable and hard to treat. Treatments aim to relieve symptoms and make the patient more comfortable. Several people who developed mesothelioma because of talc exposure have sued talc manufacturers:

    • PR Newswire reports that a jury awarded Judith Winkle a $13 million verdict against the Colgate-Palmolive Company after she developed mesothelioma from using Cashmere Bouquet talcum powder daily for 15 years. 
    • Reuters reports that a jury awarded Joanne Anderson a $21.7 million verdict against Johnson & Johnson and its talc supplier, Imerys, after she developed mesothelioma from using its baby powder, 
    • PR Newswire also reports that a jury awarded Philip Depoian an $18.07 million verdict against Whittaker Clark & Daniels, a talc supplier, after he developed mesothelioma after years of exposure in his father’s barbershop.

    Lung Cancer and Talc Lawsuits

    Mayo Clinic states that exposure to asbestos is a known risk factor for developing lung cancer. Unfortunately, miners and millers of talc face workplace exposure to the asbestos that naturally occurs in talc. People who work in the ceramics, paper, rubber, and paint production industries may also be exposed to asbestos from talcum powder. 

    Asbestos causes lung cancer by irritating the lungs. Asbestos particles are tiny, and when inhaled, they become lodged in small, balloon-like sacs called alveoli. The resulting irritation can cause cancer to develop. People who worked in the industries mentioned above for years who went on to develop lung cancer may qualify to file a talcum powder lawsuit against the manufacturer and supplier of talcum powder. 

    Ovarian Cancer and Talc Lawsuits 

    Women who use talcum powder in the genital area may be at increased risk of ovarian cancer. According to Johns Hopkins Medicine, many women do not experience symptoms of ovarian cancer until it has already spread to other parts of the body. Advanced cancer is harder to treat and may not be treatable at all.

    Thousands of women have sued Johnson & Johnson and other manufacturers of baby powder for damages related to their ovarian cancer diagnoses. Here are some examples of successful cases:

    • A $2.1 billion award against Johnson & Johnson shared among 22 women was upheld by the Missouri Court of Appeals, as CNBC reports. This amount was reduced from an original award of $4.69 billion.
    • A $110 million award against Johnson & Johnson and its supplier, Imerys, for Lois Slemp, who developed ovarian cancer that eventually spread to her liver, CBS News reports. She used Johnson & Johnson’s baby powder and Shower to Shower powder for over 40 years.
    • A $70 million award against Johnson & Johnson for Deborah Giannecchini, who developed ovarian cancer after years of using the company’s baby powder, according to a CNBC report.

    Using Talcum Products Over Time Caused Harm, Plaintiffs Claim

    One common element along all these lawsuits is that the plaintiffs used talcum powder over long periods or were exposed to it on the job for a long time. Most people will be exposed to asbestos at some point in their lives, but one or two brief exposures should not cause cancer. It is sustained exposure to the carcinogen that leads to serious health problems. 

    Many of the women who successfully sued Johnson & Johnson used baby powder daily for years and even decades. A lawyer can discuss your case’s specifics with you to see if you qualify for a talcum powder lawsuit. They will ask you about your daily routine, how many years you kept to that routine, and other details about your exposure to asbestos in talc through personal use or at the workplace.

    Building a Talcum Powder Lawsuit for Your Situation

    A lawyer can help you build a talc powder lawsuit for your situation. Everyone has a unique story and has suffered losses that are distinct from anyone else’s. A talcum powder lawsuit lawyer with experience handling talcum powder lawsuits will listen to your story, evaluate whether you qualify for a talcum powder lawsuit, and then craft a legal strategy just for you. A lawyer will:

    • Investigate your history of talcum powder exposure: You must show you used talcum powder or were exposed to it at work regularly and over a long period. A lawyer may look for receipts showing talcum powder purchases, interview you, and interview witnesses, such as your family members or coworkers, who saw you exposed to talcum powder regularly.
    • Gather your medical records: Your medical records show your medical diagnosis of cancer and when the diagnosis was made. This information is critical to your case. You must be diagnosed with a type of cancer associated with talcum powder exposure. Your date of diagnosis is important for determining how much time you have to file a lawsuit.
    • Research the connection between talcum powder exposure and cancer: A lawyer will gather scientific evidence highlighting the connection between talcum powder exposure and cancer. 
    • Research other talcum powder lawsuits: Previous successful lawsuits against talcum powder manufacturers and suppliers may help strengthen your claim.
    • Estimate the value of your damages: A lawyer will gather evidence showing the value of the damages that your illness caused.

    A lawyer can help you decide on the best approach for obtaining damages from the negligent talcum powder manufacturer and supplier. You may be able to file an individual lawsuit or join a class action lawsuit. A lawyer can present you with the options and advise you on which is the best choice for your situation.

    Damages Available in a Talcum Powder Lawsuit

    While it is challenging to put a price on your pain, it is the only way to seek compensation for your losses and hold the responsible parties accountable. A mass tort attorney will use evidence related to your case to estimate the value of your damages. You may be able to recover damages for:

    • Diagnostic testing
    • Cancer treatment
    • Rehabilitative therapy
    • Prescription medication
    • Transportation to and from your treatments
    • Loss of income 
    • Physical pain and suffering
    • Permanent disability
    • Emotional trauma

    If you lost a loved one to cancer caused by talcum powder, you may be able to recover wrongful death damages, such as funeral and burial costs, medical expenses, loss of future income and financial support, and more. A lawyer familiar with your state’s laws will show you the types of wrongful death damages available to you.

    You Can Seek Legal Counsel About Filing a Talcum Powder Lawsuit

    If you or a loved one developed cancer because of talcum powder exposure, you may be able to recover damages for your medical bills, loss of income, pain and suffering, and more. A lawyer with experience handling talcum powder lawsuits can tell you who qualifies for the talcum powder lawsuit and if your case meets the criteria. 

    Fill out the contact form to learn more about how a mass tort lawsuit attorney can help you.

  • Has Anyone Received Money from a 3M Earplug Lawsuit?

    Has Anyone Received Money from a 3M Earplug Lawsuit?

    3M Earplug

    Some United States veterans have been awarded millions in compensation from 3M Company (3M) in the 3M earplug lawsuit. Other cases have ruled in favor of 3M. 

    The courts have heard several bellwether cases. More than half of the plaintiffs have received compensation from 3M. In January 2022, a federal jury awarded $110 million to two U.S. Army veterans who sued 3M over hearing damage related to defective 3M earplugs, as The New York Times reports.

    Is the 3M Earplug Lawsuit Worth It?

    The 3M earplug lawsuit centers on how the company, 3M, allegedly sold defective earplugs to the United States military for more than 10 years. Veterans who served in the United States military are now filing lawsuits against 3M for hearing loss and tinnitus. The 3M earplug lawsuits are now consolidated into multidistrict litigation (MDL). This means that each case might reach a different ruling, but thousands of U.S. veterans are filing similar claims. 

    #1. Should I Pursue a Claim Against 3M?

    Your situation is unique. Having a mass tort lawsuit lawyer review your case can be helpful. A lawyer can help you determine if you have a valid case against 3M. Did you serve the United States military when soldiers used the 3M earplugs? Have medical professionals confirmed your hearing loss? Hearing loss can immensely impact your life. It might be worth filing a claim.

    #2. What Causes Hearing Loss and Tinnitus?

    People can experience hearing loss or develop tinnitus because of exposure to loud noises. Tinnitus or ringing ears can be a symptom of damage to the ears. Tinnitus includes a variety of sounds, not just ringing. People with tinnitus can experience buzzing, clicking, or roaring sounds. They can experience it intermittently or constantly, and it can get worse. 

    Military members are constantly exposed to loud sounds, such as explosions and gunfire. They cannot remove themselves from these environments, so they must rely on having adequate hearing protection. They are at a high risk of developing hearing loss.

    #3. Symptoms of Hearing Loss

    Symptoms of hearing loss include:

    • Difficulty hearing certain words or consonants
    • Frequently asking people to repeat themselves
    • Feeling that speech is muffled or garbled 
    • Needing to turn sounds like the TV or radio up.

    Symptoms will vary and can gradually worsen over time. It all depends on the severity and nature of the hearing loss.

    #4. Diagnosis and Treatment of Hearing Loss

    General screenings for hearing loss can reveal potential declines in hearing. If a doctor suspects you have hearing loss, you might meet with a specialist called an audiologist. The audiologist will conduct tests to measure the severity of hearing loss and what level of sounds you can hear.

    Often, medical treatment cannot reverse hearing loss. However, there are options available to help improve symptoms. For example, a person with hearing loss might benefit from hearing aids or cochlear implants. Because of the potentially permanent damage, hearing loss prevention is critical. Prevention is an effective strategy for reducing hearing loss.

    #5. The Damage of Hearing Loss

    The impact of hearing loss in veterans’ lives can be devastating. Hearing loss can significantly interfere with someone’s day-to-day life, and tinnitus can interfere with someone’s ability to focus and communicate with other people. In 2020, more than 1 million U.S. veterans received disability compensation for hearing loss, and more than 2 million got disability compensation for tinnitus, according to a U.S. Veterans Benefits Administration compensation report.

    Hearing loss makes it harder for people to communicate. It may cause people to withdraw from social situations and become more isolated. It can significantly impact the quality of life and even contributes to people’s risk for depression. This irreparable damage of hearing loss has been particularly discouraging for many veterans who served in the United States military with noble intentions. 

    #6. The Role of Earplugs in Military Combat

    Soldiers in active military combat are frequently exposed to loud sounds from gunfire and explosives. Many soldiers who served in Afghanistan and Iraq have also experienced hearing loss. 

    Ideally, using protective equipment like earplugs reduces the damage caused by loud sounds. Earplugs should help reduce the risk of hearing loss, but the earplugs need to be made and used in a specific way. Ineffective earplugs or not using earplugs correctly can lead to hearing loss. 

    #7. 3M’s Responsibility 

    The company, 3M, is based in St. Paul, Minnesota. It supplied combat arms earplugs (CAEv2) to the United States military between 2003 and 2015. In 2018, the company settled with the U.S. Department of Justice (DOJ) for $9.1 million to settle a lawsuit alleging the company knowingly sold it defective earplugs. The settlement did not determine the company’s liability, The New York Times reports.

    Military personnel who used the earplugs claim the earplugs were too short and did not offer the protection soldiers needed based on their environments. They further claim the earplugs did not seal properly around the wearer’s ears. The United States military claimed that the company failed to warn them that the earplugs were ineffective and would not provide adequate protection.

    Thousands of military members have experienced hearing loss and tinnitus and have filed claims against 3M. However, 3M has denied the claims and has not taken any responsibility for them. The company further claims it informed the United States military that soldiers had to fit the earplugs in a specific way for the earplugs to be effective. 

    How Long Will the 3M Earplug Lawsuit Take?

    Legal proceedings take time. The first case went to trial in April 2021, and it took five weeks for the courts to go over the case. The cases the courts have heard so far will indicate what future cases will likely be dropped and which suits will rule in favor of veterans.

    It takes time to gather evidence for each case, such as testimonies from expert witnesses and medical documents proving hearing loss. It also takes time for a jury to hear each case. 

    You can consult with a mass tort attorney specializing in cases like yours to help you through the process. The 3M case decided in January 2022 is the first of six that the courts are scheduled to hear for that year. What happens in these bellwether cases will indicate what will happen moving forward and whether 3M will take more cases to trial or choose to settle.

    Multidistrict Litigation

    The 3M lawsuit is in multidistrict litigation and known as MDL No. 2885 (per the United States District Court, Northern District of Florida). This means the cases are consolidated based on their similar features. Most veterans are filing claims for the same thing: hearing loss or tinnitus caused by defective earplugs from 3M.

    But the outcomes of each case are decided individually. The consolidation of cases allows for easier sharing of information. It enables any statements from 3M to be consistent and for veterans’ lawyers to share evidence. 

    Will 3M Settle the Earplug Lawsuit?

    Assuming there are no appeals, 3M will be paying the settlements to the cases the courts have already decided. We will need to see how the subsequent cases go moving forward. If most of the cases are in the United States veterans’ favor, 3M might decide to settle with plaintiffs before the cases go to trial. Settling before trial might be more straightforward for all the parties involved in the long run. 

    How Much Money Are People Getting from the 3M Earplug Lawsuit?

    The highest settlement for a 3M lawsuit was $110 million, as of January 2022, but it is likely that not every future payment will be this high. Defendants are aiming to get compensation to help treat hearing loss and related damages from hearing loss and tinnitus. Each case is different, and whether you receive compensation will depend on your case’s specifics.

    U.S. Veterans Who Have Received Payouts:

    Of the cases that have been heard so far, veterans have received the following settlements:

    • $1.1 million
    • $8.2 million
    • Just over $13 million
    • $22.5 million
    • $110 million

    The first bellwether case the courts heard involved three veterans. The courts ruled in favor of these veterans against 3M. Each veteran received over $2 million. The collective settlement for the case was $7.1 million.

    3M Earplugs Lawsuit Update

    So far, there have been 11 bellwether cases brought to trial against 3M. Of these cases, five have ruled in favor of 3M, and six have ruled in favor of the plaintiffs.

    A Brief 3M Lawsuit Timeline

    Most of the cases that have been decided at this point were heard in 2021, while one has been heard in 2022, as of this writing. The court decided the first case in April 2021, and the most recently decided case occurred in January 2022.

    • Case 1: The courtruled in favor of the plaintiffs, three veterans who all served in the United States military.
    • Case 2: The court ruled in favor of 3M. 
    • Case 3: The court ruled in favor of the plaintiff. 
    • Case 4: The court ruled in favor of the plaintiff.
    • Case 5: The court ruled in favor of 3M. 
    • Case 6: The court ruled in favor of 3M.
    • Case 7: The court ruled in favor of the plaintiff.
    • Case 8: The court ruled in favor of the plaintiff.
    • Case 9: The court ruled in favor of 3M.
    • Case 10: The court ruled in favor of 3M.
    • Case 11: The court ruled in favor of the plaintiffs.

    3M Earplug Lawsuit Payout

    So far, the payouts from 3M lawsuits have varied. But some veterans and the United States military have gotten payouts from 3M.

    Payout to the United States Government

    As noted earlier, in 2018, 3M paid the United States military $9.1 million to settle a defective earplugs lawsuit. The United States military said the company knowingly sold it defective earplugs. The settlement made it clear that the United States military takes its soldiers’ safety seriously. However, 3M did not pay this money to the U.S. veterans who suffered hearing loss. Also, 3M did not acknowledge that the claims made against the company were valid. 

    At one point, 3M tried to claim that it was the United States military’s fault, but the judge denied 3M any immunity. U.S. veterans still have the option to take legal action against the company.

    The Payout to Military Veterans

    Of the cases the courts have tried so far, different veterans have received payouts. In the cases that have ruled in favor of military veterans to date, the highest payout has been $110 million. The lowest payout has been $1.1 million. 

    The courts decide each case individually, so it is unclear how high the future payment settlements will be. But these cases give us an idea that juries have found the veterans’ claims against 3M to be valid. 

    You Can Get Legal Help with a 3M Defective Earplug Case

    Did you serve in the United States military between 2003 and 2015? Have you experienced hearing loss or tinnitus? Suppose the use of defective earplugs caused your hearing loss during your time of military service. In that case, you may be able to receive compensation. 

    You can learn more about your legal options during a free consultation. Fill out the form for more information and to get help with your case.

  • Opioid Lawsuits: Johnson & Johnson Makes $665 Million Settlement with Native American Tribes 

    Opioid Lawsuits: Johnson & Johnson Makes $665 Million Settlement with Native American Tribes 

    Opioid Lawsuits

    After years of litigation, Native American tribal governments will hold opioid manufacturers responsible for their role in the drug epidemic. On February 1, 2022, hundreds of federally recognized tribes reached a $665 million agreement with Johnson & Johnson (J&J) and three drug distributors. 

    Many Native American tribes were disproportionately affected by the opioid epidemic. Funds from the settlement will be used to support community health programs that address epidemic-related challenges, including drug rehabilitation, family welfare, police services, and other needs. 

    Background: Native American Tribes and the Opioid Epidemic

    The opioid epidemic has led to more than 500,000 deaths nationwide since 1999, and the impact of the crisis was felt in many communities across the country-and keenly so among Native American tribes. The Centers for Disease Control and Prevention (CDC) notes that Native people die at a rate of 13.7 per 100,000 people from opioid-related deaths. An analysis from The Washington Post found that Native Americans were nearly 50% more likely to face a fatal overdose compared to non-native people.

    The crisis was especially devastating for the Navajo Nation, the White Mountain Apache Tribe in Arizona, and many of the 38 Native American tribes in Oklahoma. Data obtained by The Post from a formerly confidential U.S. Drug Enforcement Administration (DEA) database revealed that the number of opioid pills shipped to Oklahoma far exceeded the national average. The state received 57 opioid pills per person yearly between 2006 and 2014, compared to a national average of 36 pills per person.   

    The settlement with J&J is a landmark for mass tort litigation affecting Native American tribes. While tribal governments received no funding from mass tort cases, such as the $240 billion tobacco lawsuit settlement in 1998, which also majorly impacted Native communities, the opioid case is a significant acknowledgment of tribal government damages related to the public health crisis. 

    Johnson & Johnson and Drug Distributors Held Accountable Across the Country

    This is not the first opioid lawsuit payout for which Johnson & Johnson will be responsible. Across the country, state and local governments brought lawsuits against J&J as well as many other liable parties, including opioid distributors, pharmacies, and others responsible for worsening the crisis. 

    State attorney generals and other local government representatives argued that the opioid epidemic had cost them billions over several decades since the crisis intensified in the late 1990s. According to research published in the American Journal of Managed Care, the crisis had cost state governments $72.4 billion in Medicaid costs alone over a 15-year period.

    In July 2021, the government lawsuits culminated in a $26 billion settlement that most states have agreed to, per National Public Radio (NPR). As with the settlement for tribal governments, these funds will also be used to pay for the costs of treatment and recovery and other community services burdened by the crisis. Some states, including West Virginia, are continuing with litigation in hopes of securing a higher settlement that reflects their purported damages.

    You Can Seek Legal Help with an Opioid Lawsuit Today

    If an opioid medication or dangerous drug harmed you or a loved one, you could get legal help and guidance on pursuing a case. Fill out a contact form to connect with a mass tort lawsuit lawyer for a consultation. 

  • How Much Will I Get From a Roundup Settlement?

    How Much Will I Get From a Roundup Settlement?

    Roundup Settlement

    Bayer, the company that manufactures Roundup weedkiller, has paid and will continue to pay billions of dollars in financial damages to people whose health was compromised by the use of this product. New cases are being brought against the company, as well, making it difficult to know how many injured plaintiffs will receive compensation from the settlement funds. That also makes it hard to determine how much you could receive from a Roundup settlement.

    Our network of attorneys is helping landscapers, groundskeepers, and others injured by exposure to Roundup pursue recoverable damages. The mass tort lawsuit lawyer who represents you will help you accurately calculate your damages and build a compelling case for monetary compensation. Your lawyer will also explain how mass torts lawsuits are formed and help you join the case against the Roundup manufacturer.

    Scoring Plaintiffs

    Mass torts lawsuits differ from class action lawsuits in one key aspect-not all injured parties receive identical amounts of recoverable damages. Accordingly, every injured plaintiff who gets a piece of the Roundup settlement will not receive the same amount. Instead, each plaintiff’s share is calculated using a ranking system based on the following factors:

    • Their type of non-Hodgkin’s lymphoma 
    • Their age at the time they were diagnosed
    • The stage and degree of their cancer 
    • The length and severity of their treatment protocol
    • Their type and degree of exposure to Roundup

    To foster equity and fairness, an impartial third-party administrator will score each plaintiff. Because your score as a Roundup plaintiff is based on your case’s unique details, the mass tort lawyer who represents you will compile evidence and ensure it accurately depicts your circumstances.

    Additionally, independent contractors are working with public and private insurance companies to negotiate payment of cancer-related medical bills, as these must be paid from each individual settlement amount. The goal of these negotiations is to prevent the cost of their medical care from taking the whole of a plaintiff’s settlement share. 

    What Is the Roundup Lawsuit Payout?

    According to NPR reports from June 2020, Bayer, the manufacturer of Roundup weed killer, will pay over $10 billion to settle multiple lawsuits. This recent settlement agreement excludes three separate lawsuits that are currently active. 

    All lawsuits allege that exposure to the weed killer caused plaintiffs to develop cancer due to its active ingredient, glyphosate. National Pesticide Information Center (NPIC) research cites the following as ways you might have been exposed to glyphosate through Roundup:

    • Spraying Roundup in residential or commercial applications
    • Being in close proximity to Roundup while it was being sprayed
    • Getting the product on your skin or in your eyes
    • Ingesting the product due to failure to wash properly after exposure
    • Touching plants or grass that have been treated with Roundup

    Prolonged or repeated exposure to Roundup can be dangerous. Farmers, groundskeepers, and home or commercial gardeners may have an increased risk of exposure. 

    Average Numbers for Your Roundup Settlement

    On your own, it can be hard to understand how the most recent Roundup settlement affects you and how much you can anticipate receiving as one of many injured parties. The following numbers can help you understand how current and future settlements will be allocated:

    • The amount each claimant or potential claimant will receive is based on a scoring system that weighs their age, health, and extent of Roundup exposure, among other things.
    • The June 2020 settlement agreement with Bayer resolves hundreds of thousands of Roundup cases. The average payout is expected to come in at approximately $160,000 per plaintiff. 
    • Additional funds, over and above the nearly $11 billion settlement fund, have been set aside to compensate future claimants. These individuals are expected to receive between $5,000 and $200,000 each, depending on how their lawsuit is scored.

    Until you file an individual suit-some are still pending-or start or join a multi-plaintiff case, the exact value of your damages cannot be understood. You might also have to undergo the scoring system to know how your case will be valued and how your damages will be assessed.

    How Is My Own Damage Award Calculated?

    In general, the damage award you might receive as part of a current or future Roundup lawsuit settlement can include a variety of expenses and losses. The damages you can typically recover compensation for include:

    • Physical injuries
    • Treatment protocol
    • Loss of income 
    • Pain and suffering
    • Emotional trauma
    • Punitive damages

    Understanding the damages that you are entitled to and the way injured parties are scored can be difficult without legal support and guidance. The lawyer who represents you will assess your initial damages and explain your potential position in the scoring system. This cumulative effect will determine how your range of recoverable damages are calculated.

    Injuries You Suffered

    Mutation Research/Reviews in Mutation Research, cites Roundup’s active ingredient, glyphosate, as a carcinogenic substance. Their research notes a 41% increase in the risk of developing non-Hodgkin’s lymphoma with repeated exposure to glyphosate. Other potential cancer diagnoses include:

    • Leukemia
    • B-cell lymphoma
    • Multiple myeloma

    When your or a loved one’s cancer diagnosis can be tied to the use of Roundup, you can demand compensation for the risks and damage to your or your family member’s health. Medical records, employment records, receipts for Roundup purchases, and proof that it was used in the workplace can help establish a link between the diagnosis and Roundup. 

    Other Side Effects of Glyphosate Exposure

    According to Centers For Disease Control and Prevention (CDC) research, exposure to Roundup can have other adverse health effects, including:

    • Nausea and vomiting
    • Skin and eye irritation
    • Respiratory ailments

    Long-term exposure can lead to more serious health damage than short-term or intermittent exposure. Landscapers, groundskeepers, farmers, and others who work with Roundup are at an increased risk of adverse reactions to glyphosate. 

    Income/Wages You Lost

    As part of your Roundup case, you can seek compensation for your injury-related lost income and wages. This portion of your damages case will include income you lose when the effects of your cancer or treatment will not allow you to work. You could recover lost wages and income from:

    • Full-time employment
    • Part-time employment
    • Freelance employment

    Many people today work in the gig economy industry as rideshare or delivery service drivers. The lawyer who handles your case will work with you to ensure your loss of income from all employment sources are included in your request for damages.

    Treating cancer can be a grueling and long-term process. According to Mayo Clinic research, cancers like non-Hodgkin’s lymphoma can require chemotherapy, radiation therapy, bone marrow transplants, and other specialized treatments. It can also include counseling and the learning of coping skills. The time these treatments and their aftermath take away from your ability to work are compensable.

    Pain and Suffering

    Pain and suffering can have two distinct components-physical and psychological. Physical pain and suffering account for the pain and discomfort of your diagnosis and required treatments. This can include short- and long-term pain. Physical pain and suffering can encompass an entire range of pain and limitations to your physical abilities. 

    The psychological portion of a pain and suffering assessment will include the mental and emotional anguish of living with a chronic or potentially terminal illness. It can also include the frustration of the changes your diagnosis forces on your lifestyle and preferred activities. Mental and emotional pain and suffering can include:

    • Depression
    • Anxiety
    • Distress
    • Insomnia 
    • Grief

    Psychological pain and suffering can also include compensation for your diminished quality of life. Your medical records-including records of any mental health care you receive-will help prove your degree of pain and suffering. For example, this may include counseling, therapy, and other treatments that help you cope with an adverse diagnosis. 

    Punitive Damages 

    Plaintiffs who were damaged by Roundup exposure allege that the manufacturer was aware of the potential threat to consumer health caused by exposure. When companies make products available to the public, they are required to inform end users of potential side effects and dangers. When they fail to do so, these companies can be held liable for the resulting damages. 

    Punitive damages are rarely awarded in civil lawsuits, but it is possible to receive them in mass tort cases. They are intended to be a type of legal punishment to prevent similar future irresponsibility and negligence. Juries typically award punitive damages on top of economic and non-economic damages if they determine the at-fault party’s actions were:

    • Intentional
    • Outrageous
    • Egregious
    • Reckless 

    By itself, negligence is not enough to warrant adding punitive damages to a plaintiff’s potential compensation award. Instead, the at-fault party’s actions must fit one of the criteria listed above. Because punitive damages can significantly increase a settlement, they are often contested or appealed. 

    Roundup Settlement Amounts: What Can Victims Expect?

    Resolving a civil lawsuit can take time and patience. Even getting paid after a verdict has been reached or a settlement has been agreed to can take more time than you might expect. Due to Bayer’s latest agreement to pay more than $10 billion dollars to settle many-but not all-of its pending cases, some Roundup victims can expect to receive settlement checks relatively soon. 

    Others must wait for the scoring process before receiving payment. No one can predict or guarantee the precise amount of compensation you can expect to receive. This number will be based on a range of factors, including the extent of your exposure to Roundup and the degree of damage you incurred.

    Roundup Settlement Amounts: Potential Payouts for Victims

    Roundup’s manufacturer, Bayer, has recently agreed to resolve as many as 100,000 pending lawsuits with a $10 billion dollar settlement fund. This fund also allocates a specific amount for future settlements. According to Environmental Health News estimates, each participant in this settlement could receive up to $160,000. 

    This figure is not definitive, as other estimates put the range of anticipated individual payouts at between $5,000 and $200,000 per plaintiff. These numbers are ambiguous, though, and should not form the basis for your anticipated monetary award.

    The potential for your individual payout and its probable timeline are subjective, based on a third-party scoring system, and should be reviewed with the law firm that represents you. The attorneys in our network work hard to ensure these cases are accurately valued and scored prior to their clients’ receipt of payment.

    When Will Roundup Victims Get Their Settlement Money?

    Like all legal matters, the previous and upcoming Roundup cases can take a significant amount of time to go through the court system or to reach an out-of-court settlement. Even the settlement process may not move as swiftly as you might think. Many things have to take place between a settlement agreement and you receiving a settlement check: 

    • Your individual payment amount will be determined using a scoring system.
    • A settlement check will be issued to the law firm representing you.
    • The law firm will deduct their previously agreed upon contingency fee.

    You will be issued a payment afterward. It might be further delayed, though, if there are any legal matters that hold up payment disbursement, such as appeals or other disputes. In addition, the scoring system is conducted by an independent, third-party consultant and can take time. Your lawyer will explain the possible timeline in greater detail and ensure you understand their fee agreement and how payment will be made to you.

    Consult a Roundup Lawsuit Attorney

    If you or someone you love was diagnosed with non-Hodgkin’s lymphoma or another form of cancer that can be connected to the use of Roundup weed killer, our network of attorneys can help. Find out how much you can get from a Roundup settlement by calling 800-874-8678 today.

  • Opioid Lawsuits: Teva Agrees to $225 Settlement with Texas 

    Opioid Lawsuits: Teva Agrees to $225 Settlement with Texas 

    Teva Agrees to $225 Settlement with Texas 

    In its largest settlement yet among thousands of opioid lawsuits, Teva Pharmaceutical Industries Ltd., will pay Texas $225 million in a case that claims Teva failed to properly market opioid drugs and worsened the crisis. The state will receive $150 million in damages over a 15-year period and $75 million in a medication designed to treat the effects of opioid drugs (Reuters). 

    The Israeli-based pharmaceutical company is the largest generic drugmaker in the world—and one of the many opioid manufacturers being held accountable for their role in the opioid epidemic. To settle the rest of the 3,500-plus lawsuits the company faces, Teva expects it could pay $3.6 billion, according to this Reuters report. 

    The Impact of the Opioid Crisis on States and Local Governments in the U.S.

    The opioid epidemic arose in the late 1990s when pharmaceutical companies began to market opioids more intensively to doctors and others in the healthcare industry. Drugmakers failed to warn doctors and patients of the high risks of addiction associated with the medications. 

    The following data portrays the extent of the problem:

    While the devastation of the opioid crisis has affected many American communities and has personally affected those who lost loved ones, the financial costs of the epidemic are equally harrowing. This financial burden has fallen in part on state and local governments, which have scrambled to meet the need for treatment and recovery services. 

    Additionally, state-funded Medicaid systems have paid billions in hospitalization and other medical care needs associated with opioid addiction and recovery. According to information from the Texas Hospital Association (THA), the crisis costs Texas around $20 billion yearly, which amounts to 1.27 percent of the state’s gross domestic product (GDP).

    Texas and Other State Governments Hold Opioid Manufacturers Accountable

    Texas’ $225 million settlement with Teva is among a wave of lawsuits brought by local and state governments across the country that seek compensation for the impacts of the nation’s opioid crisis.

    Texas has been party to additional lawsuits, including:

    • A landmark case against Johnson & Johnson, which will pay out $26 billion to governments across the country. Texas will receive $268 million of this total (Attorney General of Texas).
    • A case against McKinsey, as the company’s consulting services to drugmakers included deceptive marketing strategies. The state reached a $38.4 million settlement (Attorney General of Texas report).

    State governments are seeking compensation from many parties liable for the opioid crisis, including drug distributors, manufacturers, retailers, pharmacies, and consulting groups, among others. 

    You Can Get Legal Help if You Were Harmed by a Dangerous Drug

    You may be able to file a lawsuit if an opioid medication caused your loved one’s wrongful death. A mass tort lawsuit lawyer can explain your legal options. To learn more, fill out our online contact form to connect with a law firm in our network.

  • Roundup Lawsuit Update For 2021

    Roundup Lawsuit Update For 2021

    Roundup Lawsuit

    The pharmaceutical company Bayer AG has resolved about 96,000 of approximately 125,000 U.S. product liability claims filed against Roundup-a glyphosate-based herbicide linked to non-Hodgkin’s lymphoma (and other diseases). Bayer AG (Monsanto) has paid nearly $11 billion in block settlement arrangements with the plaintiffs’ lawyers so far. 

    Roundup Lawsuit Update: December 2021

    Bayer AG stock has dipped nearly 53 percent since acquiring Monsanto in 2018. A huge reason behind the sharp decline is the swarms of Roundup-related lawsuits Bayer started battling that same year. To date, Bayer AG has awarded nearly $11 billion in compensation for personal injury claims and class action lawsuits in the U.S. 

    • Bayer AG faces a class-action lawsuit in Germany from over 250 investors claiming the pharmaceutical giant deceived them by hiding the risk of acquiring Monsanto Co. 
    • Bayer wins its second consecutive jury trial against a cancer patient, Donnetta Stephens, who claimed that using Roundup weedkiller resulted in her non-Hodgkin’s lymphoma (NHL) diagnosis in 2017. The jury concluded that Stephens’ cancer was not related to Roundup use. The trial is among the few Roundup litigations to come out in favor of Bayer. 
    • The Supreme Court asks U.S. Solicitor General Elizabeth Prelogar for the Biden administration’s input on whether the court should review Bayer’s appeal of a $25 million verdict to a Roundup cancer trial’s plaintiff, Edwin Hardeman. Following this request, Bayer announces it is pausing any further Roundup claim settlements until the appeal’s outcome. 

    Roundup Lawsuit Update: November 2021

    California’s high court upholds its multi-million-dollar verdict in damages to a Livermore couple. 

    • The California Supreme Court rejects Bayer’s request to appeal an $86.7 million verdict for a Livermore couple diagnosed with cancer after years of spraying Roundup weed killer on their property. 

    Roundup Lawsuit Update: October 2021

    A jury sides with Bayer, granting the company its first jury win. Bayer tries to dismiss a class-action lawsuit from investors against the pharma giant. 

    • Bayer AG scores its first win in a case over a mother’s claims that the herbicide was responsible for her son’s rare form of NHL. Ezra Clark’s mother argued that he only developed cancer after being exposed to Roundup, which she sprayed on weeds at their home. Bayer’s lawyers tell the jury that Ezra’s limited exposure to the product could not have resulted in his illness. Ultimately, the jury sides with Bayer AG.
    • Bayer asks a federal judge to dismiss a class-action lawsuit that claims the company defrauded its shareholders by not doing enough due diligence and downplaying the litigation risks associated with acquiring Monsanto. Bayer asserts that the acquisition only seems poor in hindsight. Its stock price has continued to plummet since the first Roundup-related litigation in 2018, and shareholders feel misled. 
    • A federal judge rules that investors can continue to sue Bayer for misleading them about the pharma giant’s quality of due diligence done on Monsanto before its acquisition. However, the judge declines to advance the class action lawsuit in its entirety, rejecting the allegation that Bayer did not convey the full extent of litigation risks, as the company could not have accurately calculated its potential losses.

    Roundup Lawsuit Update: September 2021

    The Donnetta Stephens v. Monsanto lawsuit progresses. Stephens’ son testifies, and Monsanto scientist defends Roundup’s safety. 

    • The Donnetta Stephens trial, centered on a woman diagnosed with NHL after using Roundup weed killer for more than 30 years, continues in California. Her son testifies about his mother’s use of Roundup while gardening. 
    • Monsanto’s lawyer cross-examines Donnetta Stephens over her claims that Roundup killer caused her NHL. Stephens states that she has difficulty remembering specific details of using Roundup and struggles to answer questions. 
    • Monsanto’s toxicologist, Donna Farmer, tells the jury that Roundup weed killer is safe for humans and that she uses it regularly in her own home and recommends it to her friends. 

    Roundup Lawsuit Update: August 2021

    A U.S. Government scientist testifies in the fourth Roundup cancer trial against Bayer. An appeals court upholds another verdict against Bayer. California requires the plaintiff to participate in the settlement process. 

    • A California appeals court upholds a $86 million verdict that found Roundup weed killer responsible for a couple’s cancer. Following the loss, Bayer files a petition with the U.S. Supreme Court to reverse the appeals court’s verdict. 
    • Dr. Christopher Portier, a former U.S. Government scientist, testifies as an expert witness in Donnetta Stephens’ lawsuit against Monsanto. In his testimony, he states that he believes glyphosate herbicide exposure could result in the development of NHL.  
    • The Northern District of California requires current and future Monsanto Glyphosate Multidistrict Program (MDL) litigants who have yet to settle with Bayer to participate in the settlement process. The claimants will have to submit information adhering to a schedule, after which the information will be challenged and evaluated before being awarded. 

    Roundup Lawsuit Update: July 2021

    Bayer announces its plans to remove glyphosate from its weed killer product line. New trials begin in California. Bayer proposes additional funds to cover Roundup-related lawsuits. 

    • Bayer says it plans to remove its glyphosate-based products, including Roundup, from retail stores by 2023 and replace them with a new formulation with alternative active ingredients. The company states that this move was made to avoid expensive lawsuits in the future and not due to safety concerns. The original product will still be available to professionals and large-scale agricultural operations. 
    • Bayer claims to set aside an additional $4.5 billion to cover litigation related to Roundup, per Reuters.
    • A new trial starts in a California courtroom for plaintiff Donnetta Stephens, who used Roundup for over 30 years and claims the herbicide caused her NHL in 2017. This will be the fourth trial over Roundup weed killer causing NHL. 
    • Plaintiff Michael Langford files a new Roundup lawsuit in California. Langford was diagnosed with NHL in 2007 and subsequently developed other cancers. He had been spraying Roundup on his 5.5-acre property since 1985. 

    Roundup Lawsuit Update: June 2021

    Bayer hints at pulling glyphosate-based products from residential use. 

    • Bayer proposes removing glyphosate from Roundup weed killer but states that the original version will still be available to professional and agricultural users. 
    • Bayer urges the 11th U.S. Circuit Court of Appeals to rule that federal law preempts failure-to-warn claims. The company contends that since the Environmental Protection Agency (EPA) did not find glyphosate to be a likely carcinogen, Bayer could not be required to warn customers of cancer risk. 

    Roundup Lawsuit Update: May 2021

    A federal appeals court upholds its $25 million verdict against Bayer, finding that Roundup did cause a California resident’s NHL. Later in the month, a U.S. judge deals another blow to Bayer by rejecting its settlement offer for future claims. 

    • A federal appeals court in San Francisco upholds its $25 million verdict for Edwin Hardeman, whose case, Bayer argues, should never have gone to trial.
    • U.S. District Judge Vince Chhabria advises Bayer AG to consider including a warning label on Roundup pesticide as part of their proposed $2 billion settlement deal. Doing so would prevent new lawsuits and free more funds for victims. 
    • Judge Chhabria rejects Bayer’s attempt to settle future cancer claims with its $2 billion settlement offer. 
    • Bayer outlines a new 5-action plan. One of the strategies includes reformulating the Roundup product to remove glyphosate. 

    Roundup Lawsuit Update: April 2021

    Lead plaintiff’s attorneys accuse Bayer of a “pay to appeal” scheme, which Bayer later dismisses as “inflammatory rhetoric.” 

    • The lead lawyers who litigated three successful trials and made Bayer pay $11 billion in a settlement claim to have found evidence of a deal between Monsanto and a plaintiff’s lawyer. The legal team asks the U.S. Court of Appeals for the 11th Circuit to dismiss the case, as they said Monsanto attempted to buy a favorable appellate ruling.
    • Monsanto denies the assertion, calling it “inflammatory rhetoric and mistaken assertions.” Monsanto’s lawyer, Michael Imbroscio, further stated, “Non-parties do not have a veto right over another plaintiff’s litigation strategy because they would prefer, for their own self-interested reasons, that a federal court of appeals not decide an important question of federal law.”

    Roundup Lawsuit Update: March 2021

    The outrage against Bayer’s proposed settlement gains traction. Bayer backs out of an appeal request against one plaintiff’s litigation. Attorneys leading litigations demand more money. 

    • Along with lawyers expressing their disapproval of Bayer’s proposed $2 billion settlement for future lawsuits, people living with cancer ask a federal judge to reject the proposed settlement. 
    • Bayer announces it will not appeal a $20 million settlement verdict against Dewayne Johnson, who claimed Roundup caused his NHL, bringing the litigation to a close.
    • Law firms representing litigation against Bayer AG argue that they deserve a bigger slice of the $9.6 billion in compensation the pharma giant agreed to pay to resolve 125,000 claims. U.S. District Judge Vince Chhabria denies the request to give the legal counsel about $800 million in attorney fees. 

    Roundup Lawsuit Update: February 2021

    Bayer reaches a settlement to cover future personal injury claims by NHL victims exposed to Roundup before being diagnosed with cancer. 

    • Bayer AG proposes to earmark $2 billion over a four-year settlement period to cover claimants’ compensation and other medical assistance. Each claimant could potentially receive up to $200,000 under this plan.
    • Lawyers object to Bayer’s proposed plan, saying the current Roundup users who develop cancer will be automatically subjected to the class settlement regulations and, unless they opt out within a specific period, will not be able to sue Bayer in the future for punitive damages.

    Roundup Lawsuit Update: January 2021

    Bayer closes one more case. Plus, glyphosate-based pesticides are banned from use on state-owned properties in New York.

    • Bayer settles a wrongful death case with plaintiff Jamie Alvarez Calderon, who worked in a winery for 33 years and applied Monsanto’s herbicides across acres of property every day. He went home with his clothes drenched in the herbicide each day. He was diagnosed with NHL in 2014 and succumbed to cancer in December 2020. Alvarez’s settlement amount will go to his four sons. 
    • New York announces plans to ban the use of glyphosate on all state properties by the end of 2021. 

    You May Qualify for a Roundup Settlement Claim

    Monsanto’s Roundup continues to be a widely used herbicide. Farmers, landscapers, and gardeners continue to use this product, unaware of its cancer-causing potential. 

    There’s mounting evidence Monsanto was aware of the product’s carcinogenic effects but continued to sell this herbicide to consumers for decades while proactively trying to bury evidence of Roundup’s toxic impact. 

    Companies like Monsanto and Bayer AG must be held accountable. While the company has agreed to $10 billion in compensation, it still has not added warning labels or stopped selling the product. It has not admitted any liability or offered any apology for causing serious harm to many people worldwide. 

    Connect With a Lawyer to Get Started

    If you or a loved one developed cancer or another disease after prolonged exposure to Monsanto’s Roundup weed killer, you may have grounds to pursue a Roundup settlement claim by joining a mass tort. 

    A settlement will help you hold the company accountable and may cover the costs of medical treatments, job loss, and other trauma you may have suffered because of Bayer’s negligence. 

    Fill out our contact form today to connect with a mass tort lawsuit lawyer in our network. 

  • Monsanto RoundUp Lawsuit

    Monsanto RoundUp Lawsuit

    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.

    Roundup Lawsuit Lawyers

    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.

  • Mother Files Lawsuit Claiming Child’s Cancer Due to Exposure to Roundup Weedkiller

    Mother Files Lawsuit Claiming Child’s Cancer Due to Exposure to Roundup Weedkiller

    Roundup Weedkiller

    Destiny Clark has filed a lawsuit against the makers of Roundup, claiming that the popular weedkiller product caused her son’s cancer. International Business Times reports that Clark’s son, Ezra Clark, was diagnosed with Burkitt lymphoma in February 2016. Ezra was four years old at the time. 

    According to Clark’s complaint, had she known about the herbicide’s health risks, she never would have used Roundup. In her complaint, Clark says that she sprayed her property with Roundup and that Ezra was directly exposed to the herbicide.

    She alleges that Monsanto, the maker of Roundup, knew for decades about the link between glyphosate and cancer, particularly non-Hodgkin’s lymphoma. Glyphosate is the main active ingredient in Monsanto’s weedkiller. In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) classified the substance as a “probable carcinogen.”

    The Bayer-Roundup Connection

    Bayer now owns the U.S. agrochemical company Monsanto, and Clark’s lawsuit aims to hold the giant pharmaceutical and life sciences company accountable. The plaintiff accuses Bayer of failing to study the carcinogenic effects of glyphosate and other ingredients sufficiently.

    Since purchasing Monsanto for $63 billion in 2018, Bayer has been plagued with legal troubles stemming from Roundup. As a result, the German company announced in July 2021 that it was earmarking $4.5 billion on top of the already $11.6 billion it had set aside earlier for settlements and litigation in lawsuits related to their popular herbicide, according to Insurance Journal.

    In June of 2020, Courthouse News reported that Bayer agreed to pay $10 billion to resolve around 75 percent of the Roundup claims filed by individuals who blame their non-Hodgkin’s lymphoma diagnosis on their use of the weedkiller. Each current plaintiff would receive different portions of $8.8 to $9.6 billion, while the remainder of the $10 billion would be used to settle future litigation. 

    About Burkitt Lymphoma

    The National Cancer Institute (NCI) describes Burkitt’s lymphoma as a fast-growing type of non-Hodgkin’s lymphoma (NHL), a type of cancer that originates in the lymphatic system. This system serves as the body’s defense against germs. In a case of NHL, the body’s white blood cells begin to grow abnormally, forming tumors in the body. 

    Cancer cells form in the lymph system and affect the central nervous system, jaw, kidneys, bowel, ovaries, and other organs. The disease sometimes spreads to the spinal cord, brain, and bone marrow. According to Mayo Clinic, signs and symptoms of NHL include:

    • Swollen lymph nodes in the groin, armpits, or neck
    • Swelling of the abdomen
    • Pain in the abdomen
    • Coughing, difficulty breathing
    • Chest pain
    • Fever
    • Persistent fatigue
    • Weight loss that cannot be explained
    • Night sweats

    According to the American Cancer Society, treatment of stage I and stage II Burkitt lymphomas tends to succeed with a long-term survival rate that exceeds 90 percent. 

  • Has The Talcum Powder Lawsuit Been Settled?

    Has The Talcum Powder Lawsuit Been Settled?

    Talcum Powder Lawsuit

    Some talcum powder lawsuits have reached settlement agreements, but thousands are still pending as of January 2022. Many of these lawsuits are a part of MDL 2738, also known as “Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation.”

    This litigation alleges that multinational corporation Johnson & Johnson continued to manufacture and market talcum powder products, including Johnson’s Baby Powder and Shower to Shower, despite knowing they could cause ovarian cancer. Evidence shows that company officials knew about the connection in the early 1970s. 

    Johnson & Johnson Preparing $3.9 Billion for Talc Settlements

    In 2019, Johnson & Johnson said they earmarked $400 million for settlements and legal expenses in these lawsuits. As the number of talcum powder cases rose and some paid out multi-million-dollar awards, it became apparent this would not be enough. 

    A February 2021 report published by Business Insider says Johnson & Johnson now has a planned reserve of $3.9 billion that can go toward litigation expenses in these cases. However, what this means for individual cases or if it could point toward a global settlement remains to be seen as of January 2022. 

    The company continues to claim its products did not hurt the plaintiffs. It has also taken steps to try to avoid liability, including moving the talc lawsuits to a subsidiary, LTL Management LLC, and then filing Chapter 11 bankruptcy for that entity. The bankruptcy court will determine how this move will turn out for Johnson & Johnson in 2022, according to Reuters.

    Johnson & Johnson’s $100 Million Baby Powder Lawsuit 

    In late 2020, Johnson & Johnson settled 1,000 lawsuits in the talcum powder cases, the first significant agreements in these claims. After more than 48 months of litigation, they agreed to pay $100 million total for these plaintiffs, according to Reuters. 

    While these plaintiffs all accused Johnson & Johnson of knowing its signature product, Johnson’s Baby Powder, could cause cancer, the company did not admit any liability in these cases. They paid the settlement but stated that their product did not increase consumers’ cancer risk. According to the company, their “talc is safe, does not contain asbestos, and does not cause cancer.” 

    Settlement Is Overdue for Black & Hispanic Women

    According to a report in Forbes, Johnson & Johnson marketed its talcum powder products specifically to minorities, including Black and Hispanic women. For this reason, these populations may be more at risk for developing ovarian cancer, mesothelioma, and other related cancers. 

    The lawsuits allege that Johnson & Johnson administrators had concerns about possible carcinogenic agents, including asbestos, in their products during the 1970s and 1980s. The multinational company continued to target Black and Hispanic markets throughout this time, especially in areas where women were likely to be less educated. 

    Their unique marketing strategies included handing out samples at beauty salons, churches, and community gathering places. In some of these targeted areas, dozens of women have sued the company. Others passed away before the link between cancer and talc products became known. Their families may be able to pursue wrongful death lawsuits, depending on the facts of their cases.

    Can I Still Join the Ongoing Litigation?

    As of January 2020, you may still sue Johnson & Johnson based on your talcum powder claim as long as you meet the qualifications. The multidistrict litigation is likely still several months or even longer from a global settlement offer. The MDL can and probably will – continue to grow during this time.

    The best way to find out if you can pursue compensation in a talc powder cancer case is to speak with a mass tort lawsuit attorney who can assess your options. Most offer free consultations for women who believe they may have a claim against Johnson & Johnson. 

    In general, a person might have a valid claim if:

    • They have a history of talc-based powder usage, often for feminine uses
    • They have an ovarian cancer or mesothelioma diagnosis
    • Their case falls within the timeframe set by their state

    In addition, if your family member met these criteria but passed away from their cancer, you may have a wrongful death claim. 

    What Types of Damages May Be Recoverable in These Cases?

    Most lawsuits against Johnson & Johnson that end with a payout will likely be part of a global, tiered settlement. When a lawsuit goes to trial, the jury will consider the compensable expenses and losses the plaintiff experienced, such as: 

    • Their medical care, including cancer treatment
    • End-of-life support for those with advanced disease
    • Lost income and diminished earning capacity, if applicable
    • Pain and suffering
    • Emotional distress

    The largest part of most court payouts to date has been punitive damages. These are only available when awarded by juries. Punitive damages penalize defendants for particularly egregious behavior. When the defendant is a large corporation accused of serious wrongdoing, these awards are often significant. 

    According to a Reuters report, a Missouri verdict awarded one group of victims $25 million each in punitive damages from Johnson & Johnson.  

    Talcum Powder Lawsuit – Settlement & Recall – Cancer & Mesothelioma

    Johnson & Johnson may have known about the link between talcum powder, asbestos, and cancer for decades before the public became aware of the potential dangers of these products. Reporters from both Reuters and The New York Times investigated Johnson & Johnson and uncovered documents that showed company leadership was aware of asbestos-contaminated talc during the 1970s. 

    The cancers most commonly linked to asbestos-contaminated talc products include ovarian cancer and mesothelioma. These are the cancers covered in the Johnson & Johnson lawsuits. This litigation also accuses the powder manufacturer of: 

    • Manufacturing a dangerous product
    • Hiding the asbestos contamination in their talc
    • Putting consumers at an increased risk of cancer without warning them
    • Marketing a product they knew could cause adverse issues
    • Causing plaintiffs’ ovarian cancer or mesothelioma
    • Causing the plaintiffs physical, financial, and emotional harm

    While there has not been a recall on these products, Johnson & Johnson did agree to stop selling talc-based powders in the United States and Canada in 2020. The lack of recall on Johnson’s Baby Powder and other talcum powder products does not affect your ability to sue the company or the potential settlements in this case.  

    Talcum Powder Lawsuit Settlement Amounts

    While the multidistrict litigation has not yet begun bellwether trials, other cases have gone before juries across the country. The outcomes have been somewhat mixed, but when plaintiffs have won, they’ve won big. Some court awards in lawsuits against Johnson & Johnson include: 

    #1. February 2016: $72 Million

    A Missouri jury awarded a woman’s family $10 million in expenses and losses and $62 million in punitive damages in a wrongful death suit. The woman died from Stage 3 ovarian cancer after using Johnson’s baby powder for 35 years. She was 62. The jury agreed that Johnson & Johnson marketed a dangerous product without adequate warnings about the risk of ovarian cancer. 

    #2. May 2016: $55 Million

    Another Missouri jury agreed with the plaintiff that Johnson & Johnson manufactured and marketed a dangerous product and failed to warn consumers. The claimant in this case was a 62-year-old woman with ovarian cancer. She used Johnson & Johnson brand talcum powder products for almost 40 years. The jury awarded her $5 million in compensable damages and $50 million in punitive damages. 

    #3. August 2017: $417 Million

    A Los Angeles, California jury awarded a woman $417 million in damages based on her ovarian cancer diagnosis and history of using Johnson & Johnson talc-based products. This was the first case where the treating physician testified about a possible causal relationship between these products and the plaintiff’s cancer.

    #4. July 2018: $4.7 Billion

    A Missouri jury awarded 22 plaintiffs a total of almost $4.7 billion in a landmark talcum powder case. All 22 women developed ovarian cancer after using Johnson’s Baby Powder.

    While the court later reduced this total to $2.12 billion, Johnson & Johnson still appealed. They asked the U.S. Supreme Court to hear the case after the Missouri Court of Appeals upheld the initial ruling, but the Supreme Court chose not to take the case. 

    #5. 2020 Settlements in Talcum Powder Lawsuits

    In 2020, Johnson & Johnson made the first significant settlements in talcum powder claims. They paid more than 1,000 plaintiffs a total of $100 million to settle their allegations that the company’s products caused their cancer, according to Forbes. 

    Will My Talcum Powder Case Be Handled as a Class Action?

    There are no plans for a class action lawsuit based on the Johnson & Johnson talcum powder cancer claims. In a class action lawsuit, all plaintiffs need to suffer similar injuries. Because of the wide range of severity in these claims, it is better suited to multidistrict litigation. 

    The suits against Johnson & Johnson were consolidated into MDL 2738 in 2016. This MDL is being heard in the U.S. District Court – District of New Jersey. The U.S. Judicial Panel on Multidistrict Litigation reported the MDL has 37,447 pending lawsuits as of December 15, 2021. This is almost 1,000 additional plaintiffs since August 2021. 

    You may still be able to take action and join this MDL, as well. You may qualify if you: 

    • Used a Johnson & Johnson talc-based powder product such as Johnson’s Baby Powder or Shower to Shower powder
    • Used the product regularly for a significant length of time, such as a year or more
    • Received a diagnosis of ovarian cancer or mesothelioma
    • Meet the applicable deadline to apply, usually within one to four years following your diagnosis, depending on your location

    A talcum powder cancer lawsuit attorney can assess your options during a free consultation. These attorneys work based on a contingency fee, so you do not have to worry about paying for their services upfront. 

    What Is the Average Settlement For Talcum Powder Lawsuits?

    It is difficult to tell how much a plaintiff might receive from Johnson & Johnson in a talcum powder settlement. We have three possible indicators, but none provide a reliable estimate. 

    Recent Court Awards

    Some people may believe that the large court payouts awarded in these cases show they can recover millions of dollars in their case, including a significant punitive award. However, it is unlikely. Most cases will not go to trial, and punitive damages are not available without a jury. It is highly unlikely that any individual settlement will reach tens of millions of dollars.

    Almost $4 Billion Earmarked for Settlements

    The company’s decision to earmark almost $4 billion for the litigation of these cases may be a good start. However, it still does not tell us anything about the possible tiers or the value of a global settlement. In addition, other expenses will likely come from this fund, such as court costs and general legal expenses. 

    Recent Case Settlements

    Possibly the most telling information available is the recent settlement between Johnson & Johnson and 1,000 plaintiffs. They paid an average of about $100,000 per lawsuit in this settlement. However, we do not have details about the severity of the plaintiffs’ illnesses or other key factors that could influence future agreements.

    Johnson & Johnson’s recent move to put these cases into a subsidiary and file bankruptcy for that company could also alter the expected course, but this is yet to be seen. It is simply too early to tell what a global, tiered settlement might look like in these cases.

    Talcum Powder Settlement

    If juries continue to react to the evidence in these cases by awarding massive punitive damages, the talcum powder litigation will likely end with a global settlement. This will likely be tiered, with those who have suffered the most severely receiving more of the payout. However, most of the plaintiffs will need to agree on an offer before it can move forward. 

    Johnson & Johnson will not want to settle only a portion of the claims. They want to avoid dealing with years of continued litigation over this matter. However, the process will continue until they make an offer that most plaintiffs feel compensates them adequately. 

    Get a Free Talcum Powder Lawsuit Consultation Today

    Law firms handling talc powder lawsuits against Johnson & Johnson provide free consultations for potential claimants. You can talk to a legal professional about your legal rights and your options for getting justice. A lawyer may be able to file your claim and recover a settlement for you. 

    Connect with a mass tort lawyer by filling out our contact form now.

  • How Can You Prove You Used Roundup?

    How Can You Prove You Used Roundup?

    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: 

    Johnson v. Monsanto (2018)

    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.

    Hardeman v. Monsanto (2019)

    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.

    Pilliod v. Monsanto (2019)

    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.