Roundup Weed Killer: Roundup Cancer Lawsuit Explained
Roundup Claims: Is Roundup weed killer dangerous? Earlier this year, agricultural giant Monsanto was hit with a class-action lawsuit after users claimed that the herbicide caused cancer. The company had to pay a hefty sum due to its failure to warn customers about the potential side effects. Were you a long-term user of Roundup weed killer?
You or your loved ones could’ve been exposed to the dangerous chemicals, without you even being aware of it. In this article, we look at the infamous wrongful death lawsuit and the legal steps you can take if you were affected by Roundup.
Is Roundup Toxic to Humans?
Roundup was seen as potentially fatal to humans. In the claim made by a class-action lawsuit, users accused its manufacturer Monsanto of failing to warn customers that the (glyphosate-based) herbicides in the product could potentially cause adverse side effects to human health. The biggest risk was cancer!
About The Roundup Lawsuit
The Roundup lawsuit was first filed in 2019 in the US District Court for the District of Oregon. The leading company Monsanto was accused of selling weed and grass killers such as Roundup without warning customers about the potential cancer risk. All of the products it sold contained glyphosate, which is the most common and potentially dangerous herbicide in the world.
There are arguments against the herbicide, however. According to the World Health Organization (WHO), glyphosate is “probably carcinogenic to humans”. The US Environmental Protection Agency takes another stance as states that there is no evidence that cancer causes cancer in humans. The University of Washington conducted a study in 2019 that revealed that people exposed to Roundup have a 41 percent greater risk of getting cancer. The argument was brought forward as courts decided if Roundup was harmful to humans.
The result of the class-action lawsuit was Monsanto denying any wrongdoing. In 2021, however, the company decided to agree to pay up to $45 million to settle the case. The US District accepted the payout at the beginning of 2022. There were many brands involved in the settlement including Roundup Ready-to-Use Weed & Grass Killer, HDX Weed & Grass Killer Ready-to-Use, and Ace Weed & Grass Killer Concentrate.
What Did We Learn From The Allegations?
The public giant companies of Monsanto and Bayer are responsible for Roundup products. Despite potential links between Roundup and cancer, both companies challenged the claims and stated that the EPA found that glyphosate is not carcinogenic. They claimed that a cancer warning label would not be necessary as it would be “misbranding” as the product poses no safety concerns. What this shows us is that some brands tend to put marketing ahead of customer safety and concern. The result is many people are afraid to speak up against these brands.
The Monsanto lawsuit however was not one of these cases. Roundup users with the help of wrongful death lawyers started to speak up against the product and its link to cancer. The jury awarded $289 million to a Roundup user who developed late-stage non-Hodgkin lymphoma, as well as $80 million to another user who proved that the weed killer was “a substantial factor” in causing his lymphoma. There were also cases where people with serious illnesses were awarded due to the use of the product. Over 100,000 lawsuits were settled in 2020 against Roundup and other Monsanto products linked to cancer.
Even after the settlements, the brand refused to acknowledge its product has safety concerns. It stated that it will remove glyphosate from its weed products by 2023 but only to manage litigation risk, rather than accepting the product as a safety concern for its users.
Are You Eligible To File a Claim In The Monsanto Settlement?
It is scary to think that a weed killer can cause so much harm to humans. If you or your loved ones were exposed to Roundup or Monsanto products, with cancer being involved, you don’t have to be a hopeless victim of a giant company. You may be eligible for a payout, or a wrongful death lawsuit. According to wrongful death lawyers, anyone in the US who purchased Roundup or its variety of weed and grass killers can be covered by the suit. You don’t need a receipt of your product purchase to claim damages either. Of course, the class suit and wrongful death lawsuits have some limitations. These include:
- You need to be filing a claim in a state in which a product was bought
- You or a family member need to prove that you were diagnosed with cancer. Cancer here includes non-Hodgkin lymphoma, multiple myeloma, or leukemia.
- You or a family member need to have a history of using Roundup at home or work.
It is important to speak up, especially if you have been diagnosed with non-Hodgkin’s lymphoma. Here is who is applicable for a claim concerning non-Hodgkin’s lymphoma.
- If you have a current non-Hodgkin’s lymphoma diagnosis and you are undergoing treatment for this diagnosis
- If you have a current non-Hodgkin’s lymphoma diagnosis and do not or have not yet required treatment
- If you received treatment for non-Hodgkin’s lymphoma in the past
- If you lost an immediate family member to non-Hodgkin’s lymphoma
Is Filing a Lawsuit Worth It?
Especially in the case where someone has died as a result of the use of a brand.
It may seem difficult but here is where wrongful death lawyers come in. Lawyers have a good understanding of the law and your rights and they will fight for you and your family. The money you can receive can help you to pay for treatment for family members, or to honor family members who have passed. You’ll also help to speak up against corporate giants that neglect to take the customer’s safety into account when developing and marketing their products. It will motivate other users who have experienced a wrongful death or cancer due to the product to come forward and get awarded with the money they deserve.
The lawyers at Shamis & Gentile are here to help you if you were affected, or if your family suffered a wrongful death by Roundup weed killers. Here are some FAQs we receive to help you with the claim process:
What Are The Links Between Glyphosate and Cancer?
There have been scientific studies linked to glyphosate and Roundup that found they caused harmful damage to humans. It was found that glyphosate increases the risk of illnesses such as cancer, birth defects, and other health problems. Some of these studies include:
A research team in Sweden linked glyphosate to non-Hodgkin lymphoma
The International Agency for Research on Cancer conducted research that linked glyphosate as a leading factor in developing non-Hodgkin lymphoma. The study found that it doubles the risk of users developing the disease.
The International Agency for Research on Cancer also stated that glyphosate is “probably carcinogenic” to humans.
How Much Money Could I Get in The Settlement?
The settlement amount for Roundup weed killer or a wrongful death lawsuit differs on a case-to-case basis. Product prices differ in each state so the amount you receive will also differ depending on where you purchased the product. Generally, the payment is around 20% of the average retail price. Proof of purchase is also a factor in claims. If you do not have proof of purchase, you will be limited to claiming for one item a year. If you have proof of purchase, you have no limitation when you claim.
When Will I Receive My Money?
The final hearing for the lawsuit is January 12, 2023. After the final hearing, the courts will hear all cases and determine if the settlements are fair. Once it is approved by the court, payments will begin. Claims are not just against wrongful lawsuits, but negligence. There could be a delay in payments if there are a lot of cases that are not just related to one factor but as a prediction, you should receive your money after the final lawsuit. Consult your lawyers if you did not receive the payment that was guaranteed to you.
What Claims Can I File For?
Here are some claims that apply to the lawsuit according to the law:
- Wrongful death claim
- False advertising
- Consumer fraud
- Breach of warranty
- Other economic claims
Unfortunately, the personal injury does not cover the claim and will not result in a settlement. Of course, this means if you were injured due to the product, you won’t be applicable, but wrongful death however can be claimed by an immediate family member. If you participate in the lawsuit and you receive non-Hodgkin lymphoma at a later stage, you are not precluded from suing Monsanto.
Who Has The Most Exposure to Roundup Weed Killer?
It was found that the plaintiffs who had the most exposure to the products were those who work with the product daily. The people who use these products are not just homeowners, but a lot of people use glyphosate as part of their job. These people included:
- Farmers who used Roundup weed killer on their fields and crop
- Landscapers and maintenance workers who used Roundup weed killer on lawns
- Agricultural workers who worked around the area where Roundup weed killer was used
If you were one of the workers that were exposed to Roundup weed killer and later got a non-Hodgkin’s lymphoma diagnosis, or know a worker who experienced cancer after being exposed, it’s important to reach out to a lawyer who will be able to help.
How To File a Wrongful Death Lawsuit?
Non-Hodgkin’s lymphoma is a deadly form of cancer found in the lymph nodes and bloodstream. Fortunately, Non-Hodgkin’s lymphoma is one of the most curable forms of cancer. Although there are cases when the cancer is not caught early on. In these cases, death can occur.
If someone in your immediate family such as your spouse, parent, or child passed away from Non-Hodgkin’s lymphoma you may be eligible to take legal action against the company. We can help you to link Roundup weed killer to your loved one’s diagnosis (which is a requirement to prove your case) and we can help you to get compensation for your family.
How Can Shamis & Gentile Help You?
You don’t have to let corporate giants win. If you were affected by Roundup weed killer or if you lost an immediate family member, we can help you to get compensation for the financial burden it caused for you and your family. When you choose us to be your class action lawyers and attorneys, you don’t have to worry about fees as there are no fees or expenses unless we manage to win the case. We will help you to receive justice for the pain and loss you have experienced.
Contact us today to file a roundup class action lawsuit or wrongful death lawsuit against Roundup weed killer!
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