The pesticide glyphosate — known commercially as “Roundup” — has an established association with the development of certain cancers, especially non-Hodgkin’s lymphoma. Individuals repeatedly exposed to Roundup, especially as part of their career, may have developed cancer due to their exposure. They could have the option to join a Roundup class action lawsuit to seek repayment for their cancer treatment costs and other damages.
The Charleston personal injury attorneys at Auger & Auger Accident and Injury Lawyers want your case to have a fighting chance. We work closely with plaintiffs in the Carolinas who have developed cancer due to exposure to dangerous chemical products. By combining our knowledge of the law with statements provided by medical and chemical engineering professionals, we build strong cases with a high chance of resulting in Roundup cancer lawsuit settlements.
If you or a loved one have developed non-Hodgkin’s lymphoma and have a history of repeated or heavy exposure to Monsanto’s Roundup product, then you deserve to know about your legal options for pursuing a Roundup lawsuit payout. Contact an experienced product litigation attorney at Auger & Auger to discuss the strategies you might have available to seek the money you need.
Discuss your potential Roundup lawsuit for free during a no-obligation consultation. Call (843) 203-5129 or contact us online to schedule your free consultation today.
There’s Evidence That Roundup (Glyphosate) Can Cause Cancer
First patented by Monsanto in 1974, the molecule glyphosate was hailed as a miracle pesticide by farmers, gardeners, and others associated with agriculture and horticulture. It was relatively cheap, effective, and had what was considered a low toxicity profile compared to existing pesticides like DDT.
In the late 1990s, the creation of genetically modified crops resistant to Roundup created an explosion in sales. A USDA researcher called glyphosate “the most successful herbicide in history” because of this arrangement. He estimated that 90% of genetically modified crops are herbicide-resistant varieties, and most of them glyphosate-resistant — branded as “Roundup Ready” by Monsanto.
Over 1.4 billion pounds of Roundup are applied in over 160 countries each year.
Citizens and scientists became naturally concerned. The USGS detected levels of glyphosate in over a third of sampled Midwestern U.S. waterways. Glyphosate has also been found in samples of popular food products. There were reports that some farmers and landscapers who had been heavily exposed to Roundup had developed cancer, with a possible cause-and-effect relationship.
Investigating these concerns, the International Agency for Research on Cancer (IARC) concluded in 2015 that there was “sufficient” evidence that glyphosate can cause cancer in animals and humans. A meta-review of study results led them to classify glyphosate as “probably carcinogenic to humans.”
Initial Roundup Lawsuit Payout Totalled $2 Billion — More Roundup Cancer Lawsuit Settlements Likely on the Way
One of the first Roundup cancer victims to file a successful lawsuit was initially awarded $289 million. Dewayne “Lee” Johnson worked as a groundskeeper and pest control manager before he became incredibly sick. He was diagnosed with non-Hodgkin’s lymphoma in 2014. His Roundup lawsuit payout initially included $39.25 million in damages for his healthcare costs and pain and suffering, along with $250 million in punitive damages. His award was later reduced to $78 million.During Johnson’s trial, it was revealed that Monsanto — now owned by Bayer — actively deceived the public and fought the scientific community to prevent news of glyphosate’s cancer risks from being in the public eye. The company co-sponsored favorable research, manipulated regulators, and even considered ghostwriting a report themselves that concluded Roundup was not dangerous.These activities suggest that Monsanto was aware of foreseeable risks Roundup presented and instead of protecting the public they protected their profits and image.Another Roundup cancer lawsuit trial resulted in a $2 billion verdict for a couple, which was also later reduced.Cases like these have resulted in a Roundup class-action lawsuit against Bayer and Monsanto. Ongoing Roundup lawsuit news shows that these lawsuits may just be the beginning.Who Is at Risk of Developing Roundup Cancer?Individuals whose job involves regularly spraying crops or plants with the herbicide likely have the highest risk of developing cancer as a result of Roundup exposure. This includes:FarmersProfessional gardenersLandscape workersGroundskeepers
Is Roundup the Only Weed Killer That Contains Glyphosphate?No, although it is one of the most popular. If you’ve been diagnosed with non-Hodgkin’s lymphoma and have used pesticides in the past, you can look at the packaging of the brand you use. Manufacturers are required to list the ingredients on the package. If it contains glyphosate, please contact a Roundup lawyer right away. If you have a strong case, they may be able to help you file a claim against the manufacturer.Brand names for products that contain glyphosate include:
- RoundupEnforcerKleerawayBonide KleenUpBayer Advanced DuraZoneSpectracideHi-Yield KillzallRodeoIndividuals who live near farms or other locations that could have “pesticide drift” from runoff or winds can also have a history of high exposure to Roundup. Some individuals who used Roundup for consumer uses, such as on their lawn or home garden, could have been exposed enough to lead to an increased risk of cancer. If you’re unsure whether your exposure to glyphosate may have caused your cancer, please contact us for a free consultation.How to Know If You Might Be Able to Join the Monsanto Roundup LawsuitThe use of Roundup had the highest association with a particular type of cancer known as non-Hodgkin’s lymphoma. Subtypes of a non-Hodgkin’s lymphoma diagnosis include:
- Follicular lymphomaHairy cell leukemiaChronic lymphocytic leukemiaMantle cell lymphomaDiffuse large B-cell lymphoma
- “Lymphoma” is a type of cancer that originates in the lymph nodes. The body uses the lymphatic system to fight infections and other dangerous substances in the body. Lymphoma can rapidly spread (metastasize) throughout the body, causing other secondary cancers to develop in other organs.Possible symptoms of lymphoma include:
- Constant fatigue
- Unexplained weight loss
- Swollen but painless lymph nodes in the neck, armpits, or groin
- Night sweats
- Shortness of breath
If you have these symptoms, go to a doctor immediately to have them evaluated. Contact a lawyer if you receive a non-Hodgkin’s lymphoma diagnosis and have a history of heavy exposure to Roundup products. You could be eligible to join a Roundup weed killer lawsuit.
Product Liability Lawsuits in South Carolina
As Roundup is a product, it falls under product liability law, a set of statutes for dealing with personal injury cases centered on injuries caused by a product. South Carolina uses strict liability for these cases, which means that it isn’t necessary to prove the manufacturer was negligent, only that their product caused your injury (in this case, lymphoma). In other words, any company that makes a harmful product is liable for injuries caused by that product. However, it is still necessary to prove the following:
- The harmful product was produced and sold by the company. (This part is fairly easy to establish in most cases.)
- The product was defective or harmful in some way. We will work to demonstrate how the product was harmful, such as discussing studies on the impact of glyphosate on non-Hodgkin’s lymphoma risk.
- Your injuries were specifically caused by the product. We will present evidence linking your illness to Roundup.
The last point is the most difficult to prove, but an experienced Roundup lawsuit lawyer knows how to analyze your medical records, take testimony from witnesses, and gather other evidence to support your case. Testimony from expert witnesses, like medical experts, is especially helpful in these situations. We will also work to gather evidence that you used Roundup – if you have receipts from purchasing the product or other documentation showing you used it, this will be very beneficial. In some cases, we may also seek your employer’s records of glyphosate usage if you primarily utilized the product at work. When those options don’t work out, sometimes we will take testimony from people you worked with who can assert that they saw you using the product in question and how often.
Grounds for Your Roundup Lawsuit
In lawsuits around the country, plaintiffs have sued Roundup’s makers on several different grounds, and your attorney will consider the best path for pursuing your claim. There are three different categories of product liability cases you may base a product liability claim on:
- Defective design. This means that something about the product design causes it to be unsafe or unsafe in certain circumstances. Because the problem is a design flaw, all the products are harmful – the problem isn’t just limited to a certain batch. Some Roundup lawsuits are based on defective design, because any container of Roundup has the potential to cause non-Hodgkin’s lymphoma. If you pursue a defective design suit, your lawyer will argue that you expected the product to be safe, it was not, and it caused you harm (your cancer) as a result.
- Manufacturing defect. This applies to situations where the product is usually fine, but some error occurred in the manufacturing process, and a limited number of defective units were produced. Roundup cases do not fall into this category.
- Failure to warn. Sometimes a product has risks, but they are considered acceptable so long as the potential consumer is warned about them. Often manufacturers err on the side of caution when warning consumers about possible risks. This is why your TV dinner box may warn you that your food will be very hot when you take it out of the microwave, and you should be careful not to burn yourself. In the case of Roundup, your attorney might argue that Monsanto knew there were risks associated with the use of glyphosate, but they did not add a warning on the packaging letting consumers know that there was an increased risk of getting cancer, especially with repeated use of the product. Had they been warned, users might have chosen another pesticide, or they might have taken precautions like wearing a respirator and other protective gear while spraying Roundup in order to reduce their exposure.
How Long Will Your Case Take?
This is a question we often hear from clients with Roundup claims. We understand why – you may be very ill and struggling with expensive medical bills. At the same time, you may be unable to work due to your illness, causing even more financial difficulties. Of course, you want to get your case settled as soon as possible. Unfortunately, it’s hard to predict exactly how long it will take because this depends on many factors, including the other party’s willingness to settle. The good news is that most Roundup cases have settled out of court, which is usually a faster resolution than going through a trial. However, even a relatively quick settlement may take months to negotiate. The sooner you call and speak with a Roundup lawsuit lawyer, the sooner we can get started working toward a fair settlement for you.
See If You Could Qualify for a Roundup Lawsuit Settlement
Auger & Auger can help you file your case against Bayer and Monsanto or join class action litigation currently taking place. Our experienced Charleston personal injury attorneys know the types of evidence that construct a clear timeline of your exposure and its connection to your subsequent cancer diagnosis, creating favorable chances of convincing a jury that you deserve damages.
Your possible Roundup weed killer lawsuit settlement could include money to repay your medical bills, pay for future treatments, repay you for the income you lost from missing work, and possibly enforce punitive damages for the company’s wrongdoing. We will go over all of your possible damages with you and put together a plan for seeking compensation.Auger & Auger Accident and Injury Lawyers provides legal representation with no upfront fees — we don’t get paid unless you do! It’s all part of our A&A Zero Fee Guarantee™. Find out whether you could have a case and how much it could be worth when you call (843) 203-5129 or contact us online to schedule your free, no-obligation consultation today.
