You could qualify for a Roundup cancer lawsuit if:
- You or a member of your family became ill by spraying, breathing in, or otherwise using or being exposed to Roundup weed killer
- A family member lost their life because of contact with or exposure to Roundup
If glyphosate, the active ingredient in Roundup, adversely affected you or a loved one’s health by causing cancer or another ailment, you might have the right to financial compensation via a product liability lawsuit.
What Is Roundup™?
Roundup is a weed-killing agent that is widely popular around the world. The primary active ingredient, glyphosate, is a non-selective herbicide, which means it kills most plants it is sprayed on.
Is Roundup The Same As Agent Orange?
No, although they do have similar properties. According to the U.S. Department of Veterans Affairs (VA), Agent Orange was used during the Vietnam War to clear forestation areas. This effectively removed hiding places for North Vietnamese soldiers. The defoliation lowered exposure to biting insects and allowed American troops to build camps and bases for continuing operations.
The Agent Orange project, known as Operation Ranch Hand, ran from 1962 until 1971. It was later discovered that Agent Orange was creating adverse effects for the soldiers exposed to it.
Agribusiness giant Monsanto developed glyphosate in 1970 and began marketing it as Roundup by 1974. It was available to the military, commercially, and for household use. Roundup works to obliterate vegetation within hours and is still in use widely.
The Basis For A Product Liability Case
If you have been diagnosed with non-Hodgkin’s Lymphoma (NHL) or certain other cancers after experiencing exposure to Roundup or another glyphosate-based herbicide, you may have a Roundup cancer lawsuit. Do not rule out your ability to seek financial recovery without discussing your potential opportunities for financial compensation with a legal professional.
To recover losses in a product liability case, the plaintiff (you) must prove that the defendant knew its product was hazardous.
Who Is Liable For Roundup’s Effects?
First, you and your lawyer must determine who is liable for your damages.
Monsanto was the original defendant in the Roundup lawsuits. After settling the first claims, German pharmaceutical giant Bayer AG purchased Monsanto. As part of the merger purchase/agreement in 2016, Bayer has assumed the responsibility for debts incurred under the Monsanto name for Roundup lawsuits.
Is Glyphosate Carcinogenic?
Next, your lawyer must help you prove that the liable party caused you harm.
Scientific evidence, such as a 2015 report from the International Agency for Research on Cancer (IARC), a subdivision of the World Health Organization (WHO), may help you prove this claim. It concluded that glyphosate is “probably carcinogenic to humans.”
Additional research published in February 2019 by Mutation Research revealed a “compelling link” between Roundup and NHL. The meta-analysis of herbicide studies led researchers to conclude there is a 41% heightened risk of NHL for agricultural workers heavily exposed to glyphosate, the main ingredient in Roundup.
Were Roundup’s Manufacturers Aware Of Its Cancerous Risks?
Next, your Roundup lawyer must prove manufacturers were aware of the risks of the product, but did not adequately warn users.
Cases already presented and litigated against Monsanto have revealed evidence that the manufacturer was aware glyphosate may cause cancer, but failed to inform the public of this risk.
Furthermore, a 2019 California appellate court concluded that Monsanto “failed to conduct adequate studies on glyphosate and Roundup, thus impeding, discouraging, or distorting scientific inquiry concerning glyphosate and Roundup.”
The Basis Of A Roundup Personal Injury Claim
When the negligent actions of another person or entity cause you harm, you may be entitled to file a civil Fort Lauderdale personal injury lawsuit that allows you to receive financial compensation from the negligent party.
How We Determine Liability And Negligence
When proving negligence, you and your product liability lawyer must present evidence of four elements:
- Duty of care: The manufacturer had a responsibility to warn consumers of the potential hazard of using their product.
- Breach of duty: The manufacturer neglected to mention the adverse effects of glyphosate.
- Causation: The manufacturer’s breach of duty led you to develop cancer or other health problems.
- Damages: You have experienced financial and other losses resulting from the defendant’s breach of duty.
Using supporting evidence, a personal injury attorney can form the basis of your claim against the manufacturer and fight for compensation.
Wrongful Death Claims
If you have a family member who passed away or has been diagnosed with terminal cancer due to Roundup exposure, we extend our condolences. If you and your lawyer can prove the above-listed elements of negligence, you may be able to file a wrongful death lawsuit on behalf of your family member.
Possible Ways You Could Have Been Exposed To Roundup
The U.S. Environmental Protection Agency (EPA) says that glyphosate is used to control grasses and other types of weeds. If you work or have worked outdoors, then you could have been exposed to Roundup if you worked as one of the following:
- Gardener
- Landscaper
- Farmer
- Agricultural worker
- Lawn maintenance worker
- Soil scientist
- Surveyor
- Horticulturist
- Groundskeeper
This is not an exhaustive list, as other types of jobs may involve using Roundup. Alternatively, you could have been exposed to Roundup if someone used it near your home or workplace. Your lawyer may be able to help you determine when and how you were exposed.
Potential Damages In A Roundup Compensation Lawsuit
After your lawyer proves the validity of your compensation claim, they will establish the monetary value of your claim. The economic and non-economic damages a civil lawsuit allows you to recover from the at-fault party may include:
- Current and future medical expenses, including hospital stays, medication, chemotherapy, rehabilitation, and all other medical care related to your illness
- Current and future loss of income, including lost wages, earning capacity, and business income
- Pain and suffering, including mental and emotional anguish and distress
- Funeral and burial expenses if you lost a loved one due to Roundup exposure
Your Roundup lawyer will work with you to determine the full value of your compensation claim. They can also ensure you do not overlook any expenses you may be entitled to recover.
Your Roundup lawsuit might also qualify for additional economic and non-economic damages not listed above. Your lawyer will explain other potential awards you can pursue in your compensation claim.
Defining The Relevant Statute Of Limitations
The statute of limitations, per Florida Statutes § 95.11, is typically four years for personal injury claims. This same statute limits the filing deadline for wrongful death cases to two years.
However, the effects of prolonged exposure to Roundup may not be diagnosed until years after the exposure. For this reason, you may qualify for extensions on the filing limitations. Seeking the advice of a Roundup lawsuit attorney familiar with this process can help.
Find Out If You Qualify For A Roundup Cancer Lawsuit
If you think you might be eligible for compensation from Bayer/Monsanto due to exposure to Roundup, a personal injury or product liability lawyer can help by answering your questions. Answering a series of quick questions will offer a baseline of eligibility:
- Have you been exposed to Roundup for an extended period?
- Have you been diagnosed with NHL or another type of cancer?
- Do you have other health problems that may result from Roundup exposure?
If you have not been diagnosed but suspect you may have a health problem or NHL, please seek medical care to confirm a diagnosis. According to the Mayo Clinic, some of the NHL symptoms to be aware of include:
- Abdominal pain
- Weight loss (out of the ordinary)
- Chest pain
- Shortness of breath or difficulty breathing
- Swelling in the lymph nodes
- Chronic fatigue
- Fever
- Night sweats
In addition to NHL, Roundup may also cause other cancers or health problems.
Receiving a cancer diagnosis is not the sole determining factor in a Roundup lawsuit. You must also demonstrate that you experienced extended exposure to glyphosate and that it caused or worsened your condition. Finding an attorney who is familiar with Roundup, the dangers of exposure, and the requirements to file a successful claim may be important.
A Roundup Cancer Lawsuit Lawyer Can Fight For Your Compensation
Thousands of cancer patients have filed lawsuits against Monsanto. The Law Offices of Anidjar & Levine will fight for your right to recover the losses you have experienced at the hands of this corporate giant.
Contact the Law Offices of Anidjar & Levine to discuss your concerns. Our Roundup cancer lawsuit team will begin with a free initial consultation. We will listen, offer an honest assessment of your case, and work with you toward resolution if we feel you have a valid claim. Our no-risk, no-obligation policy means you pay nothing upfront, and we only get paid if you get paid.
