What Is The Roundup Weed Killer Cancer Lawsuit?
- Casey Hamm
- September 30, 2019
- Roundup Weed Killer
The Roundup weed killer cancer lawsuit consists of more than 18,000 plaintiffs who are seeking compensation from Bayer, the corporation behind the carcinogenic herbicide. Complainants have been diagnosed with cancer after exposure to Roundup and now seek to recover their medical expenses, economic losses, and pain and suffering from the mega-corporate giant.
How Roundup Qualifies as a Product Liability Claim
Monsanto, the creator and original manufacturer of Roundup, showcased multiple forms of negligence, according to evidence presented in early Roundup cancer lawsuits. For starters, the company designed the herbicide using glyphosate, a now established carcinogen to humans—and rolled it out without testing its safety. When the company learned of the product’s carcinogenic properties, it failed to warn the public.
In fact, it went even further by attempting to influence scientists as they wrote conclusions regarding the Roundup-cancer connection, as well as regulators, regarding the steps they would take, if any, as a result of publicized, negative findings.
However, product liability claims do not necessarily need to prove negligence.
Under the rules of strict product liability, Bayer—who bought the original owner and developer of Roundup herbicide, Monsanto, in 2016—should carry absolute responsibility for any product it manufactures, sells, or distributes.
According to some accounts, Monsanto even falsified research results that would have linked its product to various cancers.
Three Roundup cancer cases were selected as “bellwether” trials—a type of proceeding meant to gauge the viability of future cases for trials. Lawyers look to the outcomes of bellwether trials to determine whether their own similar cases are worth pursuing.
Each of the bellwether trials resulted in judgments for the plaintiffs, with generous damages that included punitive damages—the juries’ way of trumpeting to manufacturers that these types of actions are grossly unacceptable—to the tune of millions of dollars. There are several thousand cases left waiting for decisions.
Multidistrict Litigation of Roundup Cases
Any time a large number of cases are filed around the same basic, and usually complex, issue (like medical devices, harmful drugs, airplane accidents, etc.), the cases can be ordered to be transferred to a multidistrict litigation (MDL No. 2741) court. This is what happened with the thousands of Bayer Roundup cases. They were transferred to a U.S. District Court, then consolidated for the purpose of pretrial proceedings and discovery.
These pending cases will enjoy more expeditious rulings, benefiting from the combined pretrial hearings. However, each case will also be heard and evaluated on its own merits, with juries deciding damages based on the plaintiff’s specific injuries and economic losses suffered from their Roundup-caused illness.
Determining if You Have a Lawsuit
If you were exposed to Roundup at work or at home and were since diagnosed with cancer, particularly non-Hodgkin’s lymphoma, but also certain other cancers, you may have a product liability lawsuit against Bayer.
The International Journal of Cancer published a study on the cancer-herbicide connection in which it was concluded that with exposure of a mere 10 days in a single year to Roundup, an individual’s chances of developing NHL potentially double.
Greater exposure naturally increases the risk, and so people who work daily with the weed killer are most likely to fall ill from its carcinogenic ingredients. The jobs most commonly associated with Roundup-caused cancer include:
- Commercial farmers
- Soil scientists
But a person need not work professionally with the herbicide to endure harmful exposure. Plaintiffs in more than one Roundup lawsuit were people who used the herbicide around their homes to maintain their yards and landscaping.
Call Zanes Law Today for a Free Case Review
If you have developed cancer after your exposure to Roundup herbicide, Zanes Law will do everything from A to Z to see that you are compensated for your damages. The Roundup weed killer cancer lawsuit is ongoing. Call us today at (866) 499-8989 for a free case review today.
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