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Roundup Lawsuit: What You Need to Know

Roundup Lawsuit: What You Need to Know

Roundup Lawsuit: What You Need to Know 1024 721 Panter, Panter & Sampedro

Roundup, a popular weed killer, has been linked to cancer. Previously owned by Monsanto, Bayer purchased the company in 2018. At the time of purchase, thousands of lawsuits were filed against Roundup claiming the product led to the development of non-Hodgkin’s lymphoma.

In the first case to go to trial, a 2018 jury ruled in favor of a 46-year-old California school groundskeeper named Dewayne Johnson who claimed exposure to Roundup had caused him to develop non-Hodgkin’s lymphoma. Johnson was awarded $289 million in damages.

In 2019, two more lawsuits against Roundup resulted in the plaintiffs’ favor. A California jury ordered Bayer to pay two billion dollars in punitive damages, and in a separate lawsuit, the plaintiff was awarded eighty million dollars (the award was later reduced by fifty-five million dollars).

The tables turned in Bayer’s favor in 2021 when they won two back-to-back verdicts. In the first lawsuit filed in October, a California jury found that Roundup was not responsible for a child’s development of Burkitt’s lymphoma. A couple of months later, a California jury decided that Roundup did not cause another plaintiff’s non-Hodgkin’s lymphoma.

Thousands of lawsuits have been filed and continue to be filed across the country. Many have been consolidated. The largest of these consolidated lawsuits is the current federal “multidistrict litigation” (MDL) action that includes thousands of lawsuits. 

What is Roundup?

Roundup is a broad-spectrum glyphosate-based herbicide. As it targets a wide range of weeds, Roundup is used in both agricultural and non-agricultural settings. Roundup is commonly used in the cultivation of fruits, vegetables, nuts, and glyphosate-resistant field crops, which include soybean and corn. The herbicide is also used in no-till and low-till farming, and pest management. 

What is Glyphosate?

Glyphosate, a registered pesticide since 1974, is the most widely used herbicide in the United States. Discovered by Monsanto chemist John E. Franz in 1970, the broad-spectrum systemic herbicide proved effective against weeds and grasses that compete with crops. Monsanto brought it to market under the trade name Roundup, and farmers quickly began spraying it on their fields. Sales increased with the debut of Monsanto’s glyphosate-resistant Round-up Ready Crops, which allowed farmers to kill weeds without damaging their crops. 

The herbicide is absorbed by plants through their foliage and less so through their roots. It is then carried to a plant’s growing points where it inhibits the development of the plant enzymes that lead to the synthesis of the aromatic amino acids tyrosine, tryptophan, and phenylalanine. Thereby, causing weeds to perish. 

Who Can File a Roundup Lawsuit Against Monsanto?

As Monsanto no longer exists as a business entity, individuals who believe they were harmed through the use of Roundup must file a lawsuit against Bayer AG, the current owner of the product. Bayer purchased Monsanto for sixty-three billion dollars in 2018.

An individual may have cause to file a Round-up-related lawsuit if they have a history of exposure to the product as well as a diagnosis of non-Hodgkin’s lymphoma or other health condition that may be linked to glyphosate exposure. 

Panter, Panter & Sampedro Roundup Cancer Attorneys in Miami 

For over thirty years, the attorneys of Panter, Panter, and Sampedro have worked with clients in Miami and throughout Florida to aggressively get them the compensation they deserve. If an individual has been diagnosed with cancer due to exposure to Roundup, an attorney can help them attain compensation for a range of damages including the costs of medical care, lost income, and any physical, mental, and emotional pain and suffering. 

A Roundup lawyer can also help explain the statute of limitations related to an individual’s case. Often the deadline depends on how soon the client is able to link their illness to the use of the product, which is why it is best to speak to an attorney as soon as possible. 

Monsanto Roundup Lawsuit Update

As of May 2022, Monsanto/Bayer has paid about eleven billion dollars to settle nearly 100,000 Roundup-related lawsuits nationwide. Lawsuits continue to be filed in various states across the country, many of which have been consolidated. The largest consolidation to date is the federal MDL action, which incorporates thousands of lawsuits. 

Monsanto Roundup Lawsuit FAQs

  • Can I file a Monsanto Roundup lawsuit without joining the Class Action?

As class actions do not usually offer the best outcome for plaintiffs when many individuals are harmed by the same product, some may choose to join the federal multi-district litigation or bring their own case to court. 

Individuals may still join the federal MDL action to obtain some of the proposed ten billion dollar settlement between Bayer and current plaintiffs. If an individual chooses not to join the MDL, they may need to “opt-out” in order to preserve the right to bring their own lawsuit to court. 

  • What is the difference between an individual Roundup lawsuit and the Roundup Class Action?

An individual Roundup lawsuit is when an individual and their attorney file a lawsuit with their local court against the product manufacturer without naming any other plaintiffs. In a class action lawsuit against Roundup, an individual joins other similarly injured individuals (known as “the class”) who are then represented by an attorney or team of attorneys who jointly bring the lawsuit to court. 

  • How do I qualify for the Roundup lawsuit?

An individual may qualify for a Roundup lawsuit if they have a history of exposure to the product as well as a diagnosis of non-Hodgkin’s lymphoma or other health condition that may be linked to glyphosate exposure. 

  • How do you prove you used Roundup during the lawsuit?

An attorney can help their client provide proof that they used Roundup, and that the use of the product led to their illness. As with other product liability cases, an individual must prove that Roundup/Bayer should have known or reasonably known that Roundup could endanger the health of an individual when used and failed to adequately warn consumers. In addition, the plaintiff would have to prove that the company’s failure to warn was a substantial factor in their developing cancer or other illness. 

  • What is the average payout for a Roundup lawsuit?

It is difficult to gauge the average payout for a Roundup lawsuit, as most individual settlements are kept confidential and class action lawsuits and the MDL group together many individuals. However, it is estimated that those receiving part of the settlement related to the MDL can expect between $5,000 to $200,000 each.

  • Does Roundup cause Non-Hodgkin Lymphoma?

Due to conflicting studies, no definitive answer can be given as to whether or not Roundup causes cancer. The World Health Organization’s International Agency for Research on Cancer (IARC) concluded in 2015 that glyphosate is “probably carcinogenic.” In contrast, the U.S. Environmental Protection Agency reported that glycophate is most likely not carcinogenic four years later. 

  • How does Glyphosate cause cancer?

As individual studies are either conflicting or inconclusive, there is no conclusive answer as to whether or not glyphosate causes cancer. However, the link between Roundup and cancer has been strong enough to support multi-million dollar verdicts against the herbicide in recent years. 

Sources:

https://www.nolo.com/legal-encyclopedia/roundup-cancer-lawsuits.html

https://en.wikipedia.org/wiki/Roundup_(herbicide)

https://www.epa.gov/ingredients-used-pesticide-products/glyphosate

https://en.wikipedia.org/wiki/Glyphosate

https://www.dtnpf.com/agriculture/web/ag/crops/article/2022/06/13/bayer-ag-legal-options-open-roundup

https://www.alllaw.com/articles/nolo/personal-injury/roundup-lawsuits-history-and-developments.html

https://www.alllaw.com/articles/nolo/personal-injury/roundup-lawsuits-history-and-developments.html

https://www.nolo.com/legal-encyclopedia/can-i-join-a-roundup-class-action-lawsuit.html#:~:text=If%20you’re%20thinking%20about,to%20bring%20your%20own%20case.

https://www.alllaw.com/glyphosate-roundup-claims/what-do-i-need-to-prove-in-my-roundup-case.html

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