Corporate giant Monsanto designed a weed killer with a carcinogenic ingredient, glyphosate, that can cause people exposed to the herbicide to develop cancer. Now, these people—more than 18,000 to date—are suing the company that bought Monsanto, Bayer, for economic and noneconomic damages, including pain and suffering.
The key point in these trials is whether glyphosate caused the plaintiffs’ cancer. Monsanto, and now Bayer, have maintained their argument that it does not. Scientific research indicates otherwise. The World Health Organization’s International Agency for Research on Cancer (IARC) identified glyphosate as a probable carcinogen after reviewing around 1,000 studies on the topic. The State of California has also added glyphosate to its list of carcinogenic substances.
Furthermore, research conducted at the University of Washington in 2019 showed a 41 percent increased risk of non-Hodgkin’s lymphoma among agricultural workers who were exposed to glyphosate, compared with people who never were exposed, or were exposed infrequently.
Because of the outpouring of cases filed against Bayer, all pending cases related to plaintiffs’ being diagnosed with cancer from their Roundup exposure have been consolidated into multidistrict litigation (MDL No. 2741) in the U.S. District Court Northern District of California. All cases will share discovery and outcomes from other pretrial proceedings, but each will be independently reviewed by juries for the purpose of determining awards for damages.
The New York Times reports that juries to date have reacted strongly to the evidence shown in early Roundup trials—specifically the fact that Monsanto knew about glyphosate’s health risks and did not reveal this information to consumers, as well as the fact that the company tried to manipulate scientific journals regarding what they would write about the herbicide and even went so far as to ghostwrite some published papers on the topic.
Whether you spray Roundup on your lawn on a regular basis—as many people do—to keep the weeds in check, or you work as a commercial farmer who sprays volumes of Roundup on acres and acres of crops, if you have been exposed to this herbicide and have developed cancer, you are very likely a candidate to join the MDL in a lawsuit against Bayer.
Call Zanes Law today to see if your case qualifies for a Roundup cancer lawsuit: (833) 214-0917.
WHAT IS THE ROUNDUP WEED KILLER CANCER LAWSUIT?
Bayer, now the owner of Roundup manufacturer Monsanto, has been named as a defendant in more than 18,000 lawsuits filed by plaintiffs who have developed cancer as a result of their exposure to the popular weed killer.
A couple of factors are driving the validity of these claims. First, scientific studies have concluded that the main ingredient in Roundup herbicide is carcinogenic. Second, evidence appeared in early trials revealing that the manufacturing company knew about the cancer-causing risks of using their product, falsified research that supported the connection between Roundup and cancer and failed to warn consumers. Other evidence clearly shows that Monsanto tried to sway scientists and regulators regarding what they said and how they handled the issue of glyphosate being carcinogenic.
Three Roundup weed killer cancer lawsuits were deemed bellwether trials—a judicial procedure that acts as a test trial to help other lawyers with similar cases determine if they are viable for pursuing in court. Juries in all three bellwether trials ruled in favor of plaintiffs. Bayer is appealing the decisions.
Multidistrict litigation (MDL) was ordered, consolidating all pending cases in a shared discovery process. The court will evaluate and decide each case independent of the others in the MDL.
Massive jury awards in these cases were amplified by punitive damages imposed by the courts in an effort to send a loud and unmistakably clear message to manufacturers that corporate profits must always take a back seat to consumer health and well-being.
CAN I FILE A ROUNDUP WEED KILLER CANCER LAWSUIT?
If you use or previously used Roundup or were somehow exposed to the weed killer either at home for personal lawn maintenance or at work for commercial purposes, and you developed cancer, like non-Hodgkin’s lymphoma (NHL), you may be eligible to file a lawsuit against Roundup company Bayer. Furthermore, if a loved one died as the result of cancer they developed after being exposed to Roundup, you may be able to file a wrongful death action against Bayer.
You may also consider joining a class-action lawsuit against Bayer for its false and misleading Roundup labels. Participants in these lawsuits are alleging that Monsanto, originally, and now Bayer is misleading the public by suggesting on their herbicide labels that the product’s active ingredient, glyphosate, is safe for humans. This class action lawsuit is not a personal injury or wrongful death lawsuit.
If you want to sue Bayer/Monsanto for cancer you developed from exposure to Roundup, you will need to file an individual personal injury lawsuit.
Your lawsuit will join 18,000-plus other injury lawsuits filed against the herbicide manufacturer and consolidated in multidistrict litigation (MDL). As a function of this process, all such cases will share a single discovery process, as well as pretrial proceedings. This consolidation is not uncommon in cases where thousands of people have been injured in a similar way by a product.
Although your case will benefit from these shared proceedings, your specific illness and other circumstances of your Roundup exposure will be weighed independently from other cases in the MDL. To determine the value of your claim, the jury will evaluate the duration, frequency, and volume of your exposure, the seriousness of your cancer, and the economic impact it has and will continue to have on you and your family.
As such, your lawyer will need to gather all your medical records and wage statements from your employer to showcase your damages. Your attorney will also need to somehow document your exposure to the Roundup weed killer.
Juries are also awarding damages for pain and suffering, an amount that may seem hard to assign a value to, but for which formulas do exist. Your attorney can explain these methods to you.
Although the Roundup Cancer MDL was established to process all pending claims, there is still time to file and have your case heard and decided.
WHO IS AT RISK FOR CANCER/NON-HODGKIN’S LYMPHOMA RELATED TO ROUNDUP WEED KILLER?
Those most at risk for developing cancer/Non-Hodgkin’s Lymphoma related to Roundup weed killer had high exposure to this or other glyphosate-based herbicides. This includes almost anyone who applied the product as a part of their job or those who worked in plants producing the weed killer. Some of those with the largest increased risk of developing this type of blood cancer include:
- Agricultural workers
- Lawn service personnel
- Herbicide/pesticide applicators
Dr. Dennis Weisenburger, a pathologist who testified in the first three Roundup cancer cases to go to court, agreed with the plaintiffs that years of spraying this type of weed killer likely led to their development of Non-Hodgkin’s lymphoma.
Dr. Weisenburger went on to say, however, that it is not only those who used the weed killer liberally for decades who are developing this type of blood cancer and taking legal action against manufacturer Monsanto and parent company Bayer AG.
Dr. Weisenburger believes that the research confirms a few days of intense spraying a year could increase the risk of Non-Hodgkin’s lymphoma. He said the intensity is more important than the duration of use—the number of years does not matter as much as how much one sprays over the course of a few days.
The four plaintiffs in the three cases that have gone to trial as of September 2019 come from varied backgrounds, and their Roundup exposure occurred for different reasons—as a part of their occupation, on their own private property, and on investment properties.
- In the first case to go to trial (August 2018), the plaintiff used glyphosate-based herbicides in his job as a school groundskeeper.
- In the second case, and the first federal case to go to trial (March 2019), the plaintiff owns a large plot of land and used Roundup on it for more than 25 years.
- In the third case to go before a jury (May 2019), the plaintiffs were a husband and wife who own four residential rental properties and regularly used glyphosate herbicides on all of them
No matter when or where you used Roundup weed killer, if you later developed Non-Hodgkin’s Lymphoma, Zanes Law wants to hear from you. We will review your case for free and help you understand your rights.
HOW CAN ROUNDUP WEED KILLER CAUSE CANCER?
Roundup’s main herbicidal ingredient, glyphosate, causes cancer, as determined by multiple studies conducted by a wide range of research organizations.
A 2014 scientific review published by the International Journal of Environmental Research and Public Health analyzed 30 years’ worth of studies into the impact that the active ingredients in 80 pesticides have on the development of non-Hodgkin’s lymphoma (NHL). The study was prompted, in part, by the fact that “striking increases in the…NHL cancer has occurred in the last 30 years.” The study noted a positive association between glyphosate and B cell lymphoma.
When the World Health Organization’s International Agency for Research on Cancer (IARC) conducted in-depth studies of glyphosate, they discovered that people exposed to Roundup suffer a risk of developing NHL that is significantly higher than the risk experienced by people who had not been exposed to the chemical. The research group also concluded that the chemical is genotoxic. In other words, the chemical can cause the DNA in human cells to mutate, a characteristic well-established as a precursor to cancer.
The IARC also stated that “strong evidence exists that glyphosate…can induce oxidative stress.” This condition is considered to be linked to the development of cancer, as well as other diseases, and could provide meaningful clues as to why glyphosate causes cancer in humans.
Finally, research has suggested that Roundup’s ingredients are toxic to useful bacteria in the human gut, which produces negative health consequences, along with a heightened risk of cancer.
As a result of this and a meta-analysis of the herbicidal substance, the IARC announced in March 2015 that glyphosate is a “probable human carcinogen.”
In March of 2017, California’s Office of Environmental Health Hazard Assessment made headlines when it posted a notice that the state would add glyphosate to its list of chemicals known to cause cancer.
Other groups have since explored the Roundup-cancer connection and made their results public. Most notably, the University of Washington (UW), had found that agricultural workers exposed to heavy doses of glyphosate-based herbicides like Roundup had a 41 percent higher risk of developing NHL than their counterparts in the study who had not been exposed to the substance, or who were exposed in lower or less frequent doses.
Overall, Roundup ingredient glyphosate has been linked to:
- Non-Hodgkin’s lymphoma
- Large B-cell lymphoma
- Multiple myelomas
- Reproductive challenges
- Birth defects
- Kidney disease
The most commonly associated cancer is NHL.
WHAT IS THE STATUTE OF LIMITATIONS FOR ROUNDUP WEED KILLER CANCER CLAIMS?
There are deadlines in place that could affect how long you have to take legal action in your Roundup weed killer cancer case. However, these deadlines vary based on a number of factors. When we review your case for you, we can help you understand the statutes of limitations that may apply.
In general, each state has its own statute of limitations on filing a product liability claim. While these laws vary somewhat from state to state, they generally give you a certain amount of time to take legal action following the discovery of your injury or illness. In this particular case, that might be following the discovery of the possible link between non-Hodgkin’s lymphoma and glyphosate-based herbicides.
This leaves you with three possibilities for when the countdown might begin:
- The date of your diagnosis
- The date you learned of a possible link between Roundup and cancer
- The date the link between Roundup and cancer became widely known, and all potential plaintiffs should have known about it
As you can see, figuring out the deadline that might apply in this type of case is not always clear. This is why we recommend calling us as soon as possible once you learn about the Roundup weed killer lawsuits.
In addition, there is one other possibility in your case, and that is that the courts often toll the statute of limitations while a mass tort is pending. Since there is active multidistrict litigation against Roundup manufacturer Monsanto and parent company Bayer AG, this could apply based on the 1974 ruling in American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554.
In this case, the U.S. Supreme Court ruled that “the commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the requirement of Rule 23(a)(1) been met.”
This means that the deadline is put on hold for all qualifying parties while the U.S. Judicial Panel on Multidistrict Litigation decides if there will be a mass tort and during the pendency of any multidistrict litigation.
HOW DO I KNOW IF I GOT CANCER FROM ROUNDUP WEED KILLER?
If you have a diagnosis of non-Hodgkin’s lymphoma and previously used Roundup weed killer or another glyphosate-based herbicide, there is evidence available in the pending multidistrict litigation to link your cancer and this popular weed killer.
A major advantage of participating in an MDL is that you share the discovery process and pretrial motions with other plaintiffs. As a part of this process, attorneys working on MDL 2741 have collected expert research and testimony that establishes a link between non-Hodgkin’s lymphoma and Roundup weed killer.
This is the evidence attorneys used to show the plaintiff in the first bellwether trial got cancer from Roundup.
The experts who provided reports and testified confirmed several facts about the case:
- The popular weed killer causes a significant increase in risk for non-Hodgkin’s lymphoma,
- Monsanto likely knew about this risk for decades,
- Monsanto refused to provide warnings about wearing protective clothing and other gear while using this product as early as 1986, and
- Monsanto actively tried to conceal research that showed it was possible to get cancer from Roundup weed killer.
While there is likely no way to prove your cancer occurred entirely because of your use of glyphosate-based herbicides, this is also unnecessary in this type of case. We only need to show you used the weed killer, and you later received a cancer diagnosis that experts link to the chemical.
As the first bellwether case proves, expert testimony and research are enough. Juries believe the experts and have come down hard against Monsanto and Bayer AG for their role in not only causing cancer but continuing to hide the risks of their herbicide.
If we pursue a Roundup weed killer cancer case on your behalf, we can rely on the same types of evidence, including the same reports and possibly the same witnesses, to show that there is a good chance that your non-Hodgkin’s lymphoma occurred because you used the herbicide.
HOW LONG HAS THE LINK BETWEEN ROUNDUP WEED KILLER AND CANCER BEEN KNOWN?
According to expert testimony from Dr. Charles Benbrook in the multidistrict litigation (MDL) against Roundup, Monsanto, and current parent company Bayer AG, MDL 2741, the makers of this herbicide have likely been aware of its dangers for decades. They may have been aware of the link between Roundup’s active ingredient glyphosate and cancer in mice since 1983.
This study, conducted by the Bio/dynamic laboratory, was convincing enough that the U.S. Environmental Protection Agency classified glyphosate as a “possible human oncogene” after reviewing the research.
Dr. Benbrook’s expert report stated that, in his opinion, Monsanto had enough information about the link between heavy or sustained used of their herbicide and non-Hodgkin’s lymphoma to add a warning to the label by the mid-1980s.
- There is a strong link between glyphosate-based herbicides and non-Hodgkin’s lymphoma.
- Those who used glyphosate-based herbicides more than 20 days per year had an increased risk of blood cancer.
- They were six times more likely to develop non-Hodgkin’s lymphoma than those who did not use the product.
- Farmers who mixed and applied their own weed killers were most at-risk.
Canadian researchers confirmed these findings 15 years later while studying organophosphorus insecticides and herbicides, including glyphosate weed killers. In this study, the men who used Roundup had a 73% increased risk of developing non-Hodgkin’s lymphoma.
More recently, the World Health Organization’s International Agency for Research on Cancer reviewed more than 1,000 studies on glyphosate and the risk of cancer. Before it began this process, it carefully eliminated all questionable studies, including those where one party had a vested interest—such as those paid for by Monsanto or conducted by glyphosate-friendly scientists. In 2015, following the review, it took action by classifying glyphosate as “probably carcinogenic to humans.”
In the case where Dr. Benbrook’s research played a vital role, juries have agreed that Monsanto could have taken action much sooner. All three plaintiffs who have faced juries as of September 2019 have recovered significant punitive damages.
WHAT ARE THE SYMPTOMS OF NON-HODGKIN’S LYMPHOMA?
The most common symptom of non-Hodgkin’s lymphoma is a swollen, painless lymph node, usually in the neck, armpit, or groin. Sometimes, the swelling occurs in more than one node. In other cases, the condition may affect another part of the body, and swollen lymph nodes may not appear as an early symptom.
According to the American Cancer Society, other symptoms of non-Hodgkin’s lymphoma include:
- Persistent, unexplainable fatigue
- Loss of appetite or feeling full after very small meals
- Cough and/or chest pain
- Abdominal pain
- Persistent sensation of bloating or fullness
- Enlarged spleen and/or liver
- Itchy skin
- Rashes or skin lumps not due to another cause
Those with non-Hodgkin’s lymphoma can also develop a set of symptoms known as B symptoms. These include:
- Intermittent fever that lasts several days or weeks with no infection present
- Drenching night sweats
- Losing at least 10 percent of body weight in six months without trying
In some cases, symptoms of non-Hodgkin’s lymphoma are difficult to detect. People may go to the doctor for another health concern or general malaise, and the doctors uncover non-Hodgkin’s lymphoma during their investigation into the symptoms. A doctor may also discover the condition during a routine physical.
Symptoms may also vary from this list, making it difficult to know exactly what is going on without testing to rule out other conditions or confirm non-Hodgkin’s lymphoma. While this type of cancer generally occurs in the lymph nodes first and this is where the symptoms begin, cancerous lymphocytes can instead first occur in other areas of the lymphatic system or in other organs. This may include:
- Bone marrow
Many of these symptoms are not unique to non-Hodgkin’s lymphoma, but it is a good idea to see a doctor if you experience any of them to rule out this more serious condition. If you do have non-Hodgkin’s lymphoma, you will want to begin treatment as soon as possible to fight this disease.
Not everyone has symptoms severe enough to believe they warrant medical attention, or they shrug it off as a virus or other minor illness. This gives the cancer time to spread and advance before treatment begins. It is possible to catch this cancer early, but it requires noticing symptoms and seeing a doctor who takes them seriously.
WHO CAN FILE A ROUNDUP WEED KILLER CANCER LAWSUIT?
Most of the plaintiffs who have taken legal action against Roundup weed killer manufacturer Monsanto and parent company Bayer AG fall into one of three categories:
- Have a current non-Hodgkin’s lymphoma diagnosis;
- Previously received treatment for non-Hodgkin’s lymphoma; or
- Lost a member of their family to non-Hodgkin’s lymphoma.
If you have or had this type of blood cancer or lost a family member who had non-Hodgkin’s lymphoma and you believe it may be related to Roundup weed killer or another glyphosate-based herbicide, let a representative from Zanes Law review your case for free. We can explain your rights and legal options based on the facts and strengths of your case. Then, if you are ready, we can take legal action on your behalf.
In general, most people pursuing compensation through Roundup weed killer lawsuits received high levels of exposure to glyphosate, the main ingredient in Roundup. This was usually because of their occupation. This may include:
- Other agricultural workers
However, some were also individuals who used the herbicide on their lawn for years. Anyone who has or had non-Hodgkin’s lymphoma and can verify exposure to glyphosate may be eligible to file a Roundup weed killer cancer lawsuit. Let us review your medical records and discuss your case with you. We may be able to pursue compensation on your behalf.
Some immediate family members of those who passed away following a non-Hodgkin’s lymphoma diagnosis may also be able to pursue compensation for their family. While a payout cannot bring your loved one back, it can help you heal. It can lift the financial stresses that occurred because of your loved one’s death, while also holding Roundup and its parent companies liable for their actions.
In general, there are two things you need to show to be able to pursue this type of claim:
- A non-Hodgkin’s lymphoma diagnosis, or diagnosis of a related condition; and
- Regular exposure to Roundup weed killer or glyphosate-based herbicides.
We can help you prove your case if you believe you qualify based on these criteria. We can request your medical records and work with you to build a strong case to back your claim. Then, we can pursue legal action on your behalf. Let us file a claim or join MDL 2741 currently underway.
IS THERE A CURE FOR NON-HODGKIN’S LYMPHOMA?
There is no “cure” for non-Hodgkin’s lymphoma, but there are treatments that may be effective in putting cancer into remission or getting the patient into a partial remission that allows doctors to treat cancer as a chronic condition.
Short periods of hospitalization may be necessary to ensure the patient tolerates treatments and avoids infection, or to nurse them back to health if illness occurs. However, treatment for non-Hodgkin’s lymphoma generally occurs on an outpatient basis. You may need to go to your hospital or an oncology clinic for radiation, chemotherapy, and/or immunotherapy regularly.
Non-Hodgkin’s lymphoma does not always require treatment. In some cases, it can be very non-aggressive, and your doctor may simply observe for a time before taking action.
If you do require treatment, your blood cancer specialist (a hematologist-oncologist) will put a plan in place to meet your needs. This plan could include:
- Radiation therapy
- Steroid medication
- Combination therapy with both chemotherapy and radiation
- Stem cell transplantation, also called a bone marrow transplant
- Clinical trials
Treatment for any cancer aims at complete remission, meaning there is no evidence of disease in the body. After an extended period of remission, the patient’s doctor might call them cured.
It is important to know that many of the treatments for non-Hodgkin’s lymphoma have significant side effects and can dramatically decrease your quality of life and ability to work while you undergo treatment. Side effects could include:
- Increased susceptibility to viruses and infections
- Hair loss
- Heart damage
- Lung damage
- Fertility problems
- Other cancers
Scientists and drug companies are developing new treatments all the time. If more traditional treatment does not fit your needs or work against your cancer, you may be able to join a clinical trial to test out new and promising treatments. Your doctor can help you identify these trials and determine if you might be a good fit.
CAN YOU SUE FOR CANCER CAUSED BY ROUNDUP WEED KILLER?
According to the Guardian, thousands of people who used Roundup weed killer and later received a non-Hodgkin’s lymphoma diagnosis have already taken legal action against Roundup manufacturer Monsanto and parent company Bayer AG. Others filed cases on behalf of loved ones who passed away before the anecdotal or scientific link between glyphosate-based herbicides and this type of blood cancer was recognized.
As of September 2019, there is ongoing multidistrict litigation (MDL) related to an increased risk of non-Hodgkin’s lymphoma in people who regularly used Roundup or had high levels of exposure. The plaintiffs won large payouts in bellwether cases in MDL 2741, with the juries seeming to confirm causation.
In addition to the cases filed, settled, and completed in federal courts, there are also pending cases in state courts nationwide.
You may qualify to sue for cancer caused by Roundup weed killer if you:
- Regularly used Roundup glyphosate-based herbicides as a part of your job or home lawn maintenance
- Later got a cancer diagnosis, specifically non-Hodgkin’s lymphoma
- Lost a loved one after a non-Hodgkin’s lymphoma’s diagnosis
If you are considering whether you may be able to sue for cancer caused by glyphosate-based herbicide exposure, Zanes Law can review your case for free and pursue compensation on your behalf. Let us review your case for you today. You can sign up over the phone following our initial consultation, or we can meet with you in your home or the hospital. Call (833) 214-0917 now to learn more.
We will build a strong case that could allow you to reach the same type of settlement or win the same type of court award as others with similar circumstances and evidence. Then, we can take legal action on your behalf, suing in federal court and joining the MDL if possible or filing a case in state court.
The outcome of your case will depend on a number of factors, including:
- The losses and expenses you experienced
- The strength of the evidence we have to link your cancer to Roundup use
- The outcome of other cases that may encourage Monsanto to agree to settlements
- The jury’s decision in your case, if it goes to trial
WHAT COMPENSATION CAN I GET IF I SUE FOR ROUNDUP WEED KILLER CAUSING CANCER?
If we file a lawsuit against Roundup weed killer manufacturer Monsanto and parent company Bayer AG, we may be able to recover compensation to cover a wide range of expenses and losses your family suffered. The value of your case and types of losses may vary from case to case depending on the damages you endured and the evidence we collect as a part of building the case.
Some types of recoverable damages may include:
Related Medical Care and Treatment: If you recover a payout in a Roundup weed killer lawsuit or out-of-court settlement, it will likely include compensation to cover the treatment and care you already received for your non-Hodgkin’s lymphoma or other related cancer, as well as an estimated amount for any future or ongoing care.
We will work with experts to understand your condition and put a price on your possible future medical needs as well as any ongoing care or support. We will also collect your medical bills and other documentation of your previous expenses.
Lost Wages and Benefits: If you missed work because of your diagnosis or treatment for non-Hodgkin’s lymphoma, you may be eligible to recover lost wages and other related losses. This could include retirement and other benefits in addition to your normal salary, hourly payments, and estimated commission.
If you cannot return to work because of the chronic nature of your condition or because of the effects of cancer and treatment, we will work to help you document the wages you will miss because of your diminished earning capacity.
Out-of-Pocket Expenses: Any number of expenses and losses related to your diagnosis and treatment could fall under the category of “out-of-pocket” expenses. This could range from renovations to your home for wheelchair accessibility to the parking fees you paid at the doctor’s office. If your loved one passed away from cancer and you pursue a wrongful death case, your out-of-pocket expenses may include things like funeral and burial costs, as well.
We can help you identify many common related expenses and collect documentation to prove them.
Noneconomic Damages: Noneconomic damages are often a significant part of the compensation paid after this type of court action. They cover the physical and emotional pain you endured, which is why people sometimes call them “pain and suffering” damages.
Other Compensation: In some cases, plaintiffs in mass tort actions are able to recover additional compensation above and beyond their actual losses and expenses. Called punitive damages, this type of award is a penalty the court may require a corporation to pay because of its bad behavior. In this case, Monsanto and Bayer AG stand accused of not warning users their Roundup products could increase the risk of certain cancers.
WHAT IS THE AVERAGE SETTLEMENT FOR A ROUNDUP WEED KILLER CANCER LAWSUIT?
There have not been any public settlements in Roundup weed killer cancer lawsuits as of September 2019. However, we do know the outcome of the first three cases that went to trial—and plaintiffs won big in all of them. It is important to remember that every case is different, and a significant award in one case does not mean you will receive a similar payout.
During 2018 and 2019, three Roundup weed killer cancer cases went to trial. These lawsuits alleged that Roundup manufacturer Monsanto and parent company Bayer AG failed to warn consumers about a link between the popular herbicide glyphosate and a deadly blood cancer called non-Hodgkin’s lymphoma.
The juries in all three cases awarded the plaintiffs large payouts that include both:
- Compensatory damages to compensate them for their expenses and losses related to non-Hodgkin’s lymphoma and treatment, including pain and suffering damages
- Punitive damages to punish Monsanto for its defective and dangerous product
The first case that received a verdict was a school groundskeeper in California whose case was in the state court system there. The jury agreed that Monsanto’s glyphosate herbicide Roundup caused his terminal non-Hodgkin’s lymphoma and awarded him:
- $39 million in compensatory damages
- $250 million in punitive damages
The trial judge later reduced this payout to $39 million in punitive damages for a total of $78 million in total damages.
The second case to go to trial was the federal claim filed by Edwin Hardeman, who used Roundup regularly on his large property. The jury in that case also sided with the plaintiff, awarding Hardeman $80.3 million overall. The judge later lowered this to $25.3 million because the large punitive award was unlikely to stand up to legal challenges.
Lastly, a couple who regularly sprayed their four residential properties with glyphosate-based herbicides received a verdict in a California state court that included:
- $55 million combined in compensatory damages
- $1 billion each in punitive damages
The trial judge reduced this award to $86.7 million in total for the couple, including $17 million in compensatory damages and $69 million in punitive damages.
In addition to cases filed in state courts in California and Missouri, there is the pending multidistrict litigation against Roundup and Monsanto. The Hardeman case is the first bellwether trial in this MDL. Bellwether cases serve as tests to see how jurors react to the evidence presented and the outcomes likely in similar cases.
While there is no direct impact on other lawsuits in the MDL when a plaintiff wins a bellwether case it often paves the way for settlements in all or some of the other cases.
WHAT CAN I DO IF MY CANCER/NON-HODGKIN’S LYMPHOMA IS A RESULT OF ROUNDUP WEED KILLER?
If you have cancer or non-Hodgkin’s lymphoma diagnosis and used Roundup weed killer, you may be eligible to take legal action against Roundup manufacturer Monsanto and its current parent company Bayer AG. The first step in doing so is to reach out to an attorney who understands the case and can review your case for free.
You can reach an attorney from Zanes Law today by calling (833) 214-0917. A member of our team will:
- Review the facts of your case
- Help you understand your rights
- Explain your legal options
- Take action on your behalf if you decide to move forward with your case
In general, there are several options for what we can do if your non-Hodgkin’s lymphoma is a result of glyphosate-based herbicide exposure. Primarily, this includes filing a case in state court or joining the MDL already in progress.
The best option for most people is to file a lawsuit in federal court and join the MDL. An MDL makes it possible to pursue a court award or settlement without having to collect a wealth of evidence to prove your individual case. This is because there is already existing expert testimony and reports showing a causal link between non-Hodgkin’s lymphoma and glyphosate-based weed killers.
- Research showing Monsanto knew glyphosate caused cancer in mice as early as 1983.
- There were significant concerns about non-Hodgkin’s lymphoma and Roundup by 1986.
- The EPA asked Monsanto to warn consumers about using protective gear in 1986.
- While farmers and other agricultural workers are at an increased risk, those who apply the chemicals to their personal property may be at risk, as well.
We will need to investigate your case to uncover the expenses and losses you suffered as a result of your cancer and treatment, but joining the MDL means we do not have to take on Monsanto on our own. The evidence already exists to prove negligence and liability, and the first three bellwether cases show that jurors agree.
The plaintiffs in these cases walked away with large awards for both compensatory damages and punitive damages. While this does not have a direct effect on other plaintiffs in the MDL, it could trigger settlement negotiations.