Is A Roundup Claim In Your Future?

On June 21, 2022, the U.S. Supreme Court formally declined to hear Bayer’s appeal that could have ended further Roundup claims. As a result, Bayer might be facing another ten or more years of Roundup litigation by past users who have yet to be diagnosed with cancer. Are you one?

If you personally used Roundup to eliminate weeds growing on your residential property, or if you employed a groundskeeper to do so, you might want to weigh the following considerations concerning its use.

Homeowners with lawns and gardens who have used Roundup have filed lawsuits against

Bayer. The claimants allege the company knew all along that Roundup can cause nonHodgkin’s lymphoma and chronic lymphocytic leukemia, but failed to warn consumers.

To help you decide whether you have a Roundup claim, as a homeowner who used the

herbicide, this blog entry provides information about Roundup, its relationship to cancer, and how Roundup lawsuit attorneys can help you. FAQs include:

1. How can you be harmfully exposed to Roundup?

2. How is Roundup dangerous?

3. What are the immediate symptoms of overexposure to Roundup?

4. Is it known for sure that Roundup causes non-Hodgkin’s lymphoma?

5. What cancers are associated with harmful exposure to Roundup?

6. How do I know if I have a Roundup claim?

7. What do you need to prove for a Roundup claim?

8. How long do you have to file a Roundup claim?

9. Can certain issues disqualify you from having a Roundup claim?

10. Does Monsanto own Roundup, or Bayer?

11. Is Roundup still sold?

12. What are the qualifications of a Roundup cancer attorney?

13. Is there a difference between a “trial lawyer” and a Roundup cancer attorney?

14. What does it mean to “settle a case?”

15. How much is the average Roundup lawsuit settlement per person?

16. How much does it cost to hire a Roundup cancer lawyer?

1. How can you be harmfully exposed to Roundup?

Your exposure to Roundup might have significant health consequences if you often got it on your skin, in your eyes, or inhaled it as you were applying it; and/or if you frequently touched plants that were still wet with its application.

2. How is Roundup dangerous?

The active ingredient in Roundup is glyphosate, which prevents a plant from producing certain proteins that it requires for growth, and thereby kills broadleaf plants and grasses when applied to the leaves. Glyphosate is a non-selective herbicide, meaning it will kill most plants.

Perhaps ironically, glyphosate is low in toxicity in and of itself. But Roundup contains other ingredients to help quicken its absorption into plant tissue, such as polyethoxylated tallow amine (POEA), which increases the toxicity of glyphosate to dangerous levels.

3. What are the immediate symptoms of overexposure to Roundup?

Inhaling Roundup can result in nose and throat irritation. Inadvertently swallowing it might cause increased saliva, mouth, and throat burns, nausea, vomiting, and diarrhea.

Dogs, cats, and other pets might drool, vomit, have diarrhea, become anorexic, or seem sleepy after touching or eating plants that are still wet with Roundup.

4. Is it known for sure that Roundup causes non-Hodgkin’s lymphoma?

The active ingredient in Roundup, glyphosate, is classified as carcinogenic by the International Agency for Research on Cancer, which is a division of the World Health Organization. However, to date “the EPA continues to find that there are no risks of concern to human health when (Roundup) is used in accordance with its current label (see source).”

These conflicting claims have weakened damage claims against Monsanto (now Bayer) in the past. But during the last few years, through trial discovery, various Roundup court cases have unearthed a number of internal emails in which Monsanto employees conveyed knowledge and voiced concerns about the growing evidence for Roundup non-Hodgkin’s lymphoma.

There is also incidental evidence that Monsanto scientists considered ghostwriting scientific literature that would refute Roundup’s toxicity; some trial evidence has uncovered that Monsanto was courting “friendly” EPA officials for support of Roundup, and secret payments were being made to such groups as the American Council on Science and Health (ACSH) in the hope they would not publicly challenge the safety of Roundup.

In sum, there is strong evidence that for several decades Monsanto had been aware that Roundup is carcinogenic, but opted to conceal the relationship because the product was and still is a cash cow.

5. What cancers are associated with harmful exposure to Roundup?

There are two kinds of cancer associated with harmful exposure to Roundup:

1. Non-Hodgkin's lymphoma. This disease begins in the lymphatic system, which is central to your body’s germ-fighting immune system. White blood cells called lymphocytes begin to grow abnormally and eventually form tumors. Non-Hodgkin's lymphoma is a general category of lymphoma. There are many subtypes, such as diffuse large B-cell lymphoma and follicular lymphoma. Common symptoms include:

• Enlarged lymph nodes

• Swollen belly

• Abdominal pain

• Chest pain or pressure

• Shortness of breath or cough

• Fever

• Weight loss

• Anemia

• Night sweats or chills

• Chronic fatigue

• Nausea or vomiting

• Loss of appetite

• Skin rash

• Headaches

• Difficulty with movement

2. Chronic lymphocytic leukemia. This is a type of cancer of the blood and bone marrow. The latter is the spongy tissue inside your bones where blood cells are produced. The disease is called “chronic” because it usually progresses more slowly than other types. And "lymphocytic" refers to the class of white blood cells affected by it. Symptoms can include the following:

• Weakness

• Feeling tired

• Weight loss

• Chills

• Fever

• Night sweats

• Swollen lymph nodes (often felt as lumps under the skin)

• Pain or a sense of “fullness” caused by an enlarged spleen and/or liver, which can make one feel full after eating very little
  

Advances in diagnosis and treatment of both non-Hodgkin's lymphoma and chronic lymphocytic leukemia have improved the outlook for people diagnosed with either. This makes it all the more important for victims to be adequately compensated so that they can pay for present and future treatment, and possibly be compensated for their pain and suffering (see source).

6. How do I know if I have a Roundup lawsuit?

You must have a verifiable diagnosis of non‑Hodgkin’s lymphoma or chronic lymphocytic leukemia to have a Roundup claim (see 5). Also, you must be able to prove that your personal history includes significant use of Roundup at home or work.

You can prove you used Roundup with receipts, invoices from your lawn service, or partially-filled bottles that you still might have. If you used Roundup in your job, documenting the standard operating procedures (SOP) that required you to do so can be compelling evidence.

The evidence you offer about your Roundup usage can also help prove the extent of your exposure. Be mindful that those who have been exposed to Roundup daily for long periods of time will logically have a stronger claim than people who only used Roundup occasionally or infrequently.

Cancers resulting from exposure to glyphosate take at least 24 months to develop. So, fact‑finders might weigh the amount of time from when you first used Roundup to when you were first diagnosed with cancer. If that time span is significantly less than 24 months, then it is unlikely your illness can be legally attributed to Roundup.

Remember that there are legal requirements about how you can document and present evidence that ties your cancer to Roundup; and you must file your claim within your state’s deadline for doing so—two reasons why you should retain a Roundup cancer attorney sooner rather than later. He or she will guide you about what evidence to collect and how to do so, ensuring that it strengthens your case.

7. What do you need to prove for a Roundup claim?

After you provide evidence of usage (see 6), there are basically five legal arguments your Roundup cancer lawyer might raise to advance your case. Among them:

1. Defective design. The design of Roundup was defective because it did not perform as safely as any reasonable buyer would assume.

2. Failure to warn. Roundup lacked appropriate warnings concerning the health risks associated with using it.

3. Negligent design. Monsanto was unreasonably careless and failed to meet its legal duty to its customers in designing Roundup.

4. Negligent failure to warn. Monsanto was unreasonably careless in its failure to warn consumers regarding risks associated with Roundup.

8. How long do you have for filing a Roundup claim?

Different states have various deadlines for filing personal injury lawsuits, and some states might have special deadlines for certain kinds of product liability litigation. Roundup might be among them, and your lawsuit might be dismissed if you fail to meet the statute of limitations deadline. Your Roundup cancer attorney will know whether your state has a different deadline for filing a Roundup lawsuit.

9. Can certain issues disqualify you from having Roundup claim?

Certain issues might lower your amount of recovery. For example, tobacco is a confounder, legally speaking. This means that using it can just as likely be the cause of your cancer as is Roundup or anything else so that any recovery you might get could be significantly lower than for those who did not smoke.

Other confounders likely to limit the recovery you might obtain from your Roundup include the use of immunosuppressants, prior radiation or chemotherapy treatments, diagnosed HIV/AIDS, exposure to Agent Orange, or repeated exposure to other carcinogens.

Consult your Roundup cancer lawyer to know if you have an issue that might limit your recovery.

10. Does Monsanto own Roundup, or Bayer?

This is a common source of confusion. Monsanto developed and patented glyphosate in the 1970s, named it Roundup, and marketed and sold it for decades. The German chemical company Bayer purchased Monsanto in 2018. The name Monsanto is no longer used, but previous Monsanto brand names have been maintained, including Roundup. (see source).

11. Is Roundup still sold?

Yes. However, other countries have banned its use. And Bayer is phasing out Roundup sales for residential use in the United States starting in 2023. It will remain available for agricultural use.

12. What are the qualifications of a Roundup cancer attorney?

Roundup cancer lawyers are personal injury lawyers (PIs) or product liability attorneys who concentrate their practice on Roundup illnesses and similar tort litigation. As do all lawyers, they begin their careers by earning a baccalaureate degree, after which they pursue a general law degree (JD), and must afterward pass their state’s bar exam.

Another milestone is the Multistate Professional Responsibility Examination (MPRE), which is required in many states. It is designed to measure a lawyer's understanding of professional conduct about things like contempt, censure, or criminal wrongdoings. Many PIs additionally pursue a master’s degree specific to personal injury law (LLM) to broaden their professional knowledge.

13. Is there a difference between a “trial lawyer” and a Roundup cancer attorney?

There are various sorts of “trial lawyers.” Personal injury lawyers and product liability attorneys are two kinds. Roundup cancer lawyers are among them. So, sometimes people refer to personal injury lawyers (or Roundup cancer attorneys) as “trial lawyers.” Another way to look at it: all personal injury lawyers are trial lawyers, but not all trial lawyers are personal injury.

No matter what you call them, personal injury and product liability attorneys are best qualified to represent your interests in a Roundup cancer lawsuit, guiding you through the settlement process and obtaining fair and adequate compensation for the injuries and damages you’ve suffered.

14. What does it mean to “settle a case?”

For Roundup cancer claims, settling a case means you agree to accept a certain sum of money from Bayer in return for dropping your action against them. As part of settling your Roundup cancer claim, you will be required to sign a release absolving Bayer of any further liability.

Your Roundup cancer attorney will help you decide whether to accept a settlement offer from Bayer rather than go to trial. That advice will include a realistic assessment of the chances that a lawsuit based on your claim will prevail. Nonetheless, the decision whether or not to accept a settlement offer from Bayer is yours alone. Your Roundup cancer lawyer will only advise you.

Even after a Roundup cancer lawsuit has been filed, you can agree to a settlement before or during the trial, and even afterward—if the jury has yet to reach a decision (see source).

15. How much is the average Roundup lawsuit settlement per person?

Most settlement agreements are confidential. This makes getting details difficult to impossible. With those caveats, it is speculated that individual claimants will realize about $5,000 to $200,000 each, depending on any number of unknown factors (see source).

16. How much does it cost to hire a Roundup cancer lawyer?

Galindo Law does not charge any upfront or out-of-pocket fees. We are only paid a percentage of the compensation we are able to secure for you. So by working with Galindo Law, you incur zero financial risk.

Anyone diagnosed with non‑Hodgkin’s lymphoma or chronic lymphocytic leukemia after significant exposure to Roundup should consider speaking with a Roundup cancer attorney about filing a claim.

Remember that proper compensation is your right. You are not asking for charity. You deserve to be adequately compensated for your loss.

Or, if you prefer, email us.

And thank you for reading our blog!