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What Is the Latest News on the Roundup Lawsuit

What Is the Latest News on the Roundup Lawsuit

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What Is the Latest News on the Roundup Lawsuit

If you or a loved one is experiencing health problems from using Roundup, you may be asking, what is the latest news on the Roundup lawsuit? In June of 2022, the Supreme Court rejected an appeal lodged by the pharmaceutical company Bayer, which requested the dismissal of thousands of lawsuits that claim Roundup, the company's weedkiller product, causes cancer. Bayer purchased Monsanto in 2018, which included Roundup as part of its brand.

The lost appeal holds a lower court's decision in place to award $25 million in damages to Californian Edward Harderman, who claims the nearly three decades of use of the Roundup product caused his non-Hodgkin's lymphoma. 

The Supreme Court's decision to let the lower court's decision hold is powerful since the Hardeman lawsuit is a test case that sets a precedent for thousands of other pending cases which involve the same question of law. The loss of the appeal could result in billions of dollars in damages that may be awarded to other victims of the cancer-causing weedkiller. To get a better picture of how this could potentially impact you personally, contact us at Morgan and Morgan.

More Than 30,000 Roundup Lawsuits Are Still Pending

In May 2022, Monsanto reached agreements to settle about 80% of the currently pending claims concerning Roundup to the tune of $11 billion. About 100,000 lawsuits were settled when Bayer negotiated block settlement arrangements with lawyers representing a large number of plaintiffs. However, there are still about 26,000 cases that are still active, and more lawsuits are filed every day. With the Supreme Court's decision on Harderman's test case, the number of claims is expected to rise.

The Supreme Court rejected to hear another Roundup verdict which awarded Alberta and Alva Pilliod $87 million in damages which creates further optimism for plaintiffs whose cases are still pending. The couple who claimed their non-Hodgkin's lymphoma is a result of using Roundup was initially awarded $1 billion each in punitive damages by a jury, along with $55 million in compensatory damages combined. However, an Alameda County Superior Court judge reduced punitive damages to $70 million, citing that the original award was more than the constitutional limits set by the Supreme Court.

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FAQ

Morgan & Morgan

  • Why Is Using Roundup So Dangerous?

    The scientific community has not agreed on whether the use of Roundup is dangerous to people. However, in June of 2022, the 9th U.S. Circuit Court of Appeals in San Francisco ordered the U.S. Environmental Protection Agency to reinvestigate whether glyphosate (which is an ingredient in many Roundup products) poses a danger to humans and the environment.

    This order is substantial since the appeals court has repeatedly sided with environmental, farm workers, and food safety advocates that don't feel the EPA sufficiently looked at whether glyphosate causes cancer and harms endangered species. The EPA's 2020 findings that the ingredient is "not likely" to cause cancer is Bayer's go-to defense in Roundup lawsuits. However, Bayer announced plans to replace glyphosate in weedkiller products starting in 2023, which suggests the company recognizes the ingredient as a liability.

    Roundup is one of the nation's most popular weedkiller products. It is used as a herbicide in agriculture and forestry industries and by private citizens who use the product to maintain their gardens and lawns. Glyphosate kills plants by interrupting enzymatic pathways, making it difficult for the plant to grow and survive. According to thousands of lawsuits, the chemical also causes cancers in humans.

    You can be exposed to glyphosate if you get it on your skin or in your eyes or breathe it while spraying or touching wet plants. If you don't wash your hands after use, it can be transmitted to food and ingested. Smokers who don't wash their hands after using the weedkiller may also inadvertently ingest it. Exposure can cause skin or eye irritation. Ingestion can cause burns in the mouth and throat, nausea, vomiting, and diarrhea. Intentional ingestion can even cause death. 

    While studies show that pure glyphosate is low in toxicity, other ingredients are used to get the chemical into plants, which increases its toxicity.  

  • What Proof Do You Need for a Roundup Lawsuit?

    Suppose you can provide evidence that you used Roundup weedkiller and subsequently developed non-Hodgkin's lymphoma or other related cancers. In that case, you may be eligible to be awarded compensation by Bayer, Roundup's manufacturer. Lawyers at Morgan and Morgan will work with you to compile the required evidence. It could be easier than you think if you have receipts, old used containers of the product, landscaping invoices, or work records that reflect you may have been exposed to Roundup in the course of your job duties. 

    To hold Bayer accountable for your illness, you have to prove the following elements:

    • You used their product(s) or were exposed to the glyphosate-based weedkiller for a long time
    • You have been diagnosed with non-Hodgkin's lymphoma or other qualifying cancer
    • You are within your state's statute of limitations

    Many people who have been diagnosed with cancer have careers that would put them at risk for exposure to the product, such as:

    • Agricultural workers
    • Workers that are employed at a glyphosate manufacturer
    • Landscapers and lawn care workers
    • Golf course workers
    • Landlords with large or multiple properties who maintained their own grounds 
    • Anyone exposed to a significant amount of glyphosate

    However, there may be other circumstances that could qualify you for a Roundup lawsuit. It's crucial to talk with our qualified attorneys to see if you're eligible. We'll take a look at the factors in your claim and advise you on how to proceed.

  • How Is Bayer Held Accountable for Roundup Causing Cancers?

    Most of the lawsuits surrounding Roundup are product liability cases. Product liability is a legal doctrine that gives consumers a cause of action if they encounter a defective product. Generally, these cases are based on a marketing defect, meaning Bayer, which owns Monsanto, failed to warn users of the potential risks of using Roundup adequately. Other claims may use negligent manufacturing and marketing as well as defective design. Successful lawsuits have demonstrated that:

    • Bayer knew about the risks
    • Bayer continued to manufacture and market the product
    • The danger occurred when consumers used the product in a reasonable and foreseeable manner
    • Bayer failed to warn users of the risks associated with their product
    • The damage to the user could have been prevented had they been adequately warned of the danger

    There may still be time for you to join in multidistrict litigation. Alternatively, you may start an independent lawsuit if you have a history of exposure and a diagnosis of non-Hodgkin's lymphoma. 

  • What if I've Just Been Diagnosed With Non-Hodgkin's Lymphoma or Another Lymphatic Cancer?

    If you've recently been diagnosed with lymphatic cancer and have used Roundup for a significant time, you may be eligible to file a suit against Bayer for compensation. An award will help you afford the medical care needed to treat your illness and compensate you for lost wages if you're too sick to continue working.

    A 2019 study by researchers from the University of Washington found a significantly increased risk of developing non-Hodgkin's lymphoma for individuals exposed to glyphosate versus those who hadn't been exposed. 

    When you file a lawsuit against Bayer, you'll need the testimony of an expert medical witness that can explain to a jury the effects of your cancer. They'll communicate how cancer affects your body, what's required to treat it, how it impacts your ability to enjoy life, the long-term prognosis, and the likelihood that cancer will return. Juries need to hear this vital testimony so they can understand the disease and how it was caused due to the negligent actions and inactions of Bayer and Monsanto. Companies that put profit ahead of public safety need to be held accountable. 

  • What Are the Signs of Non-Hodgkin's Lymphoma?

    If you're concerned about your use of Roundup and the link to non-Hodgkin's lymphoma, you should be alert and look for these signs and symptoms:

    • Swollen lymph nodes
    • Unexplained weight loss
    • Fatigue 
    • Chest pains or pressure
    • Severe and frequent infections
    • Shortness of breath
    • Unexplained coughing
    • Bleeding and bruising easily
    • Swollen abdomen
    • Chills and trouble maintaining body temperature
    • Chronic fevers
    • Night sweats

    Suppose you're worried about any of these symptoms. In that case, you should immediately talk to your doctor and alert them to your history of Roundup exposure.

  • What Kind of Compensation Could I Get for a Roundup Lawsuit?

    As with any personal injury claim, compensation will depend on your unique circumstances and experiences. A jury will need to hear the following:

    • The details of your health problems related to the use of Roundup, such as your cancer diagnosis, prognosis, and if you have a chance at a full recovery
    • How your cancer has impacted your ability to work, care for yourself and others, and the quality of life you're now living and are expected to live
    • The pain cancer has caused
    • Any mental anguish, anxiety, and sleeplessness you've experienced

    Some verdicts and settlements have been substantial. However, it all depends on your individual claim, the evidence, and the losses you've sustained. When you're asking, "what is the latest news on Roundup lawsuit," we understand that means you have concerns about your health and financial future. The lawyers at Morgan and Morgan are here to help. 

    We fully believe that when companies willfully and knowingly hurt consumers, they should be made to pay. The punitive damage awards we’ve seen show that juries are outraged and are eager to punish Bayer for its egregious wrongdoing. It's an affront for a company like Bayer to look the other way when there is extensive evidence that their product is harmful, and many jury verdicts seem to agree. Contact us today so we can discuss the details of your injury, and let us set a path forward so you get the compensation you deserve. 

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