A Roundup lawsuit may be an option for people who have developed certain forms of cancer after being exposed to the product. Many farmers, homeowners, gardeners and landscapers use Roundup to eliminate weeds that compete with other crops. However, the primary ingredient in Roundup herbicide, glyphosate, has been declared a probable human carcinogen by the World Health Organization. Affected individuals and their families may be able to file a lawsuit and recover compensation with the help of a product liability attorney.
For more information, contact Attorney Group today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Roundup lawsuit attorney who can assist you throughout the legal process.
Have You Seen a Roundup Lawsuit Commercial?
You may have seen Roundup lawsuit commercial on television and wondered whether you or a loved one have been affected by Roundup herbicide and, if so, whether you are eligible to pursue a claim against the manufacturer or others. The purpose of this article is to provide you with additional information so that you have a better understanding of your options.
What is Roundup Herbicide?
Roundup was introduced commercially in 1974 by Monsanto Co. A popular lawn and garden weed killer, Roundup’s primary use is in the agricultural industry.
Nearly all the cotton, soy, and corn grown in the United States is treated with glyphosate, a broad-spectrum herbicide used to kill weeds that compete with other crops.
The use of Roundup greatly increased when seeds were genetically engineered to tolerate the chemical. Because these seeds produce plants that are not killed by glyphosate, farmers could apply the weed killer to entire fields without worrying about destroying crops. Between 1987 and 2012, annual U.S. farm use of glyphosate increased from less than 11 million pounds to nearly 300 million pounds.
How Does Roundup Herbicide Work?
Roundup’s main ingredient, glyphosate, works by interfering with a plant’s ability to form amino acids necessary for protein synthesis and plant growth. Plants that have been treated with glyphosate typically die within two to three days after the chemical has been absorbed by the leaves and shoots of the plants. Since 1996, farmers have been able to use “Roundup Ready” crops that resist glyphosate, resulting in a reduction of crop damage and easier weed management.
Roundup Herbicide Risks and Side Effects
For nearly 20 years, scientists have been documenting the health consequences of Roundup and glyphosate in our food, in our water, and in the air we breathe. Researchers suggest that people who are sick have higher levels of glyphosate in their bodies than healthy people. They also found the following side effects that the scientists attribute to exposure to Roundup (glyphosate):
- Alzheimer’s disease
- Anencephaly (birth defect)
- Brain cancer
- Breast cancer
- Kidney disease
- Heart disease
- Parkinson’s disease
- Multiple Sclerosis
- Other side effects
Based on epidemiological studies, animal studies, and in vitro studies, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic in humans” in 2015.
Some reports, particularly one issued by the European Food Safety Authority (EFSA), have concluded that glyphosate in Roundup was “unlikely to pose a carcinogenic hazard to humans.” Differences in evidence may be due to types of studies looked at by the EFSA that examined the effects of glyphosate alone, as opposed to other reports and studies that specifically examined the effects of glyphosate as it is used in Roundup.
Roundup Cancer Risks
A Roundup lawsuit alleges that a farm worker was diagnosed with non-Hodgkin’s lymphoma after years of being exposed to Roundup herbicide. According to the American Cancer Society, non-Hodgkin’s lymphoma is a type of cancer that begins in cells known as lymphocytes, which are a part of the body’s immune system and are located in the lymph nodes and other lymphoid tissues. There are a wide number of non-Hodgkin lymphomas, and they can affect any person of any age. Common signs and symptoms of non-Hodgkin’s lymphoma include:
- Enlarged lymph nodes
- Swollen abdomen
- Feeling of fullness after only a small amount of food
- Chest pain or pressure
- Shortness of breath or cough
- Weight loss
- Night sweats
- Low red blood cell counts (anemia)
According to the American Cancer Society, over 70,000 people will be diagnosed with non-Hodgkin’s lymphoma in 2016, and about 20,000 of those diagnoses with die. While some types of non-Hodgkin’s are common among childhood cancers, more than 95 percent of cases occur in adults.
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Who is at Risk?
For over 40 years, farmers worldwide have used Roundup to kill weeds that compete with their crops. The people who are most at risk of the dangerous effects allegedly associated with Roundup include farmers, farm workers and landscapers. Additionally, those who work in nurseries and garden centers may be at risk as well.
Has There Been a Roundup Recall?
Although there has not been Monsanto Roundup recall, lawsuits claim that the product manufacturers failed to disclose known risks associated with the herbicide and that people suffered damages as a result. Failure to warn of possible risks associated with a product can be a basis of product liability, regardless of whether the product has been recalled. As scientific findings concerning the carcinogenic risks associated with Roundup continue to be inconsistent, the European Union has decided not to extend the license for glyphosate use. Consumer groups in Europe continue to pressure governments, potentially paving the way for a Roundup recall.
Is There a Roundup Class Action?
There is no Roundup class action pending as of August 2016. Roundup lawsuit attorneys are doubtful that a class action will be certified for people who are adversely affected by the product. Instead, multiple Roundup lawsuits have been filed against Monsanto alleging injuries and other damages caused by Roundup herbicide and similar products. In July 2016, a motion to transfer was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML), seeking to consolidate lawsuits for discovery and other pretrial proceedings.
When cases are consolidated in this way in federal court it is called multidistrict litigation (MDL), and on a state level it is known as a state court consolidated proceeding. MDLs are distinct from class actions, and it is generally agreed that consolidating cases instead of proceeding in a class action is a more efficient and effective way of handling claims arising from injuries caused by dangerous products.
Have There Been Roundup Settlements?
Some cases settle early in the claims process, but it is not expected that there will be early Roundup settlements. In most cases that proceed in an MDL or state court consolidated proceedings, after a certain period of time initial trials, also known as bellwether trials, take place. The purpose of these trials is for the parties to get an idea of the types of evidence and arguments that will made, as well as to see how juries will respond to the evidence and arguments. After a certain number of cases have been tried, the parties are in a better position to determine whether a case can be settled.
It is expected that Roundup settlements will follow this pattern, although the outcome of any case is never guaranteed and past results are not necessarily predictive of future outcomes.
Roundup Lawsuit Claims
Roundup lawsuits have been filed across the country on behalf of those people injured by the chemical. The lawsuits are alleging that Monsanto knew that the main ingredient in Roundup, glyphosate, was hazardous to human health. One lawsuit alleges that Monsanto:
[L]ed a prolonged campaign of misinformation to convince government agencies, farmers and the general population that Roundup was safe.
According to a lawsuit filed in July 2016, Monsanto, the company that produces Roundup, has proclaimed and continues to proclaim that glyphosate-based herbicides, including Roundup, create no unreasonable risks to human health or the environment. The lawsuit alleges that this is untrue and that the company knew that their product could pose significant risk to human health, including a risk of causing cancer.
The plaintiff in the lawsuit alleges that he regularly used Roundup for over 40 years from 1975 to 2016. In 2004, the lawsuit claims that the plaintiff was diagnosed with non-Hodgkin’s lymphoma. The plaintiff allegedly had no previous knowledge that use of the herbicide could have led to the development of cancer.
With American’s increasing exposure to these dangerous chemicals, affected families should consider the advice of a Roundup lawsuit attorney to learn more about their legal rights.
Roundup Lawsuit News
- 2016Roundup lawsuits allege that exposure to Roundup may be linked to certain forms of cancer, including non-Hodgkin’s lymphoma, and that Monsanto failed to provide adequate warnings about the alleged risks of cancer associated with the herbicide.
- 2015The IARC publishes a reported stating that Roundup is “probably carcinogenic in humans.”
- 2009French court affirms earlier judgment that Monsanto had falsely advertised its herbicide Roundup as “biodegradable” and that it “left the soil clean.”
- 1996New York Attorney General files lawsuit against Monsanto based on its false and misleading advertising of Roundup products, leading the company “to cease and desist from publishing or broadcasting any advertisements [in New York] that represent” the toxicity of the product and its impact on the environment.
- 1996Monsanto develops “Roundup Ready” seeds.
- 1974Roundup brought to market by Monsanto, a multinational agricultural company based in the United States.
How a Roundup Lawsuit Can Help
Makers of herbicides have a duty to sell products that are free from defects and that are not unreasonably dangerous. If a product poses a risk of serious injury, the manufacturer must provide adequate warnings of the danger.
Failure to do this can make the manufacturer legally responsible for injuries caused by the product, and people harmed may be entitled to compensation, including:
Pain and Suffering
The families of those killed may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.
People who have sustained injuries caused by Roundup herbicide are encouraged to seek legal counsel from a qualified product liability lawyer.