What Is The Statute Of Limitations For Roundup Weed Killer Cancer Claims?
- Casey Hamm
- September 30, 2019
- Roundup Weed Killer
There may be a statute of limitations for Roundup weed killer cancer claims that can affect any actions you take. A mass tort is currently underway against Monsanto and Bayer AG alleging that their glyphosate-based herbicide Roundup leads to an increased risk of non-Hodgkin’s lymphoma, a deadly blood cancer. MDL No. 2741 is a mass tort that brings together plaintiffs from all over the United States. Depending on the relevant statute of limitations in your state, you may be able to join the mass tort and pursue justice.
If you used Roundup and later developed non-Hodgkin’s lymphoma, or if a loved one passed away after a diagnosis of this type of cancer, you may be eligible to take legal action. How long you have to act may depend on many factors.
When an attorney from Zanes Law reviews the facts of your case, we can help you understand any deadlines that may apply. Reach out to us as soon as possible.
Understanding Statutes of Limitations
Every state sets its own statute of limitations for how long you have to pursue compensation following an injury or illness. If you do not file a lawsuit before the deadline passes, the law could bar you from holding the liable party responsible.
There are many factors, though, that can toll—or pause—the statute of limitations in this type of case. Understanding how quickly you need to act is not always easy to determine. When we discuss your case with you, we will ask:
- About your glyphosate exposure
- When your diagnosis occurred
- What state you live in and where your exposure occurred
- When you learned there may be a link between non-Hodgkin’s lymphoma and Roundup
Any or all of these could play a role in how long we have to take legal action on your behalf.
Doctrines That May Affect the Deadline in Your Case
In addition to your state’s statute of limitations, there are two legal doctrines that could play a role. These are:
Discovery of the Link
Depending on when you received your diagnosis, the clock could begin ticking the date of your diagnosis or the date you learned about the alleged link between non-Hodgkin’s lymphoma and glyphosate-based herbicides. Alternatively, in some cases, it may stem from the date it became widely known there was a link between these chemicals and this type of blood cancer.
We can help you understand if one of these applies in your case and limits your time to take legal action against Roundup, Monsanto, and Bayer AG.
Tolling During Mass Torts
Since the U.S. Supreme Court ruled it was legal in 1974, the statute of limitations in many mass torts has tolled during the pendency of the action. In American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554, the nation’s highest court ruled: “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 there is an argument for pausing the clock for everyone who might qualify to pursue damages during:
- The time the plaintiffs wait to learn if their cases will be consolidated into multidistrict litigation or a class action suit; and
- While the case moves forward through the court system.
Talk to a Roundup Weed Killer Cancer Claim Attorney Today
If you received a non-Hodgkin’s lymphoma diagnosis after using Roundup weed killer, or if a loved one passed away after fighting this type of blood cancer, you may be eligible to join a mass tort already in progress.
Call Zanes Law today for a free case review and to learn more about the potential statute of limitations for Roundup weed killer cancer claims in your state. You can reach a member of our team now at (866) 499-8989.
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