fRoundup is a popular weed killer used by many people across the country. In 2015, the WHO (World Health Organization) completed research on glyphosate-based herbicides, like Roundup, and their IARC (International Agency for Research on Cancer) officially stated that they are “probable” carcinogens. Since then, numerous people have come forward who have developed different types of cancer and believe this to be linked to Roundup.
The result of the IARC report was that countries started to ban Roundup among cancer warnings. Monsanto denies the validity of the claims and continues to defend itself. However, some believe that Monsanto has been aware of the cancer link for man years and cite the fact that Monsanto fraudulently safety tested Roundup, falsifying the result, something that was revealed by investigations from the Department of Justice and the FDA (U.S. Food and Drug Administration). As a result, many people have now started to take legal action against the company, stating that they have chosen profits over human life.
Unfortunately, the product was released in 1974 and has been widely used by people all over this country. Many of those now believe that they developed cancer as a result. If you are one of those, or one of your loved ones is, then you may be entitled to file a lawsuit against Monsanto. This is not just a way for you to get the compensation you deserve, but also a way to hold the company to account.
Can You Make a Roundup Cancer Claim?
If you are considering filing a lawsuit against Monsanto, your case must first be evaluated against a number of factors, including:
- The type of cancer. Roundup is most closely linked to leukemia, multiple myeloma, and non-Hodgkin lymphoma. That doesn’t mean you cannot file if you have a different form of cancer, but these three are the most closely linked.
- The exposure to Roundup. You will have to be able to demonstrate that you were exposed to it, either professionally or personally or because you lived in areas where it has been commonly used.
- When you received your diagnosis. Depending on which state you live in, it is possible that the statute of limitations means that you can no longer file against them.
Besides meeting the above requirements, you also have to consider whether you truly want to start a lawsuit. It is a major decision and one not to be taken lightly. That said, if you have suffered losses, including lost income and medical expenses, you are entitled to compensation.
While this will not make up for the pain and suffering that has been caused to you, it is a chance for you to make sure that large companies like Monsanto no longer put profits over people.
How to File a Roundup Lawsuit Against Monsanto
Experts have said that Monsanto deliberately hid the risks associated with Roundup from the public. Doing so is illegal and means that you have the right to file a lawsuit and gain compensation for your pain and suffering. It is very important that you start by having your case reviewed by an experienced Monsanto lawyer who understands the different legal options that are out there and can review your case to determine whether it is worth proceeding or not. See also How to File a Monsanto Roundup Cancer Lawsuit 2018
Roundup, as stated, has been strongly linked to multiple myeloma, non-Hodgkin lymphoma, and leukemia. Many people who developed these forms of cancer did so through no fault of their own because they assumed the product was safe, as that is how it was marketed. However, if you do want to start a lawsuit, you also have to be aware of the behemoth you will be facing. See also Roundup Can Cause Non Hodgkin’s Lymphoma
Monsanto has been stating for decades that Roundup is perfectly safe to use, even though the evidence has shown otherwise time and again. When the cancer warning was released by the IARC, Monsanto continued to state that their product did not cause the disease. However, this is not the first scandal they have been involved in about Roundup. As said, they also falsified the result of their scientific searches. For many people, this is evidence enough about the company’s guilt.
Not a Roundup Class Action Lawsuit
In many cases when a manufacturer’s product is found to harm the public, class action lawsuits are started. That means that victims pool together to file a suit and share the settlement they receive. Roundup lawsuits will not be class actions, however. Their claims have been consolidated in an MDL (Multidistrict Litigation), but that only means they share Discovery, not that they have all joined forces. It also means every victim has to fight their own battle and that they will be able to keep for themselves whatever money they are awarded.
Is a Roundup Attorney Needed?
Anyone in this country is allowed to start a lawsuit against someone else or against a corporation if they so choose. However, if you want to take on a giant like Monsanto, it is best to hire an experienced lawyer to help you with your case. Make sure that they understand the type of cancer that you have been diagnoses with and what kind of impact that has on your life.
When you take on Monsanto, you are an individual against a team of some of the world’s best lawyers. That is perhaps the greatest reason why you certainly do need to seek legal counsel of your own. Make sure you chose a representative who is experienced in these types of cases and, preferably, one who is experienced in taking on Monsanto. Thousands of cases have already been filed against them and, thanks to the Discovery element of the MDL, a good lawyer will be able to access that information to strengthen your case as well. See also Examples of Monsanto Lawsuits & Litigation
The lawsuits that are currently running are about getting justice for the victims who have suffered tremendous injuries, and about seeking compensation for their losses. If you have been diagnosed with cancer yourself, your medical bills will be starting to pile up and you will know how difficult it is for you to be at work when you are sick or having to meet medical appointments. Hence, money can also be awarded for those types of losses, and quite rightly so.
At the same time, having cancer brings with it not just a financial strain, but also an emotional and mental one. This can cause even greater problems, reducing a sufferer’s quality of life and breaking up their most meaningful relationships. It means they cannot take enjoyment out of the simpler things in life anymore. They may beat the cancer, but it will be something that stays with them forever. See also Can Using Roundup Weed Killer Give You Cancer?
If you do want to start a case against Monsanto, you will have to demonstrate that they, as a manufacturer, failed in their duties to provide people who used it as directed with a safe product. If a manufacturer has failed in that duty, then they are responsible for all losses and injuries that people suffered as a result. Monsanto did not include a warning to state their product could be linked to cancer so if you have developed cancer, you are in your right to accuse them of being liable for this.
The process of starting a product liability lawsuit against Monsanto is:
- Gather evidence to support your claim. This means you need to seek medical treatment to confirm the diagnosis and prognosis. If you still have any of your Roundup products, you should also make sure you keep them as evidence, while being sure you are not exposed even further. Furthermore, you need to find evidence supporting your lost income claims and the costs of your treatment, while also trying to document your pain and suffering.
- Your lawyer will draft a complaint and send it to the court, outlining what your complaint is. This will be done in the format that is suitable for the court in which the filling will be made.
- Your claim will then be filed with the clerk and Monsanto will be sent a copy of your claim and given a chance to respond.
Most lawyers will try to reach a settlement outside of court as this is far less costly for both parties as well as preserving some of the reputation of the company that is being sued. They should discuss this option with you if it is offered.
Remember, however, that there is a statute of limitations to be aware of. Each state has its own statute of limitations so it would be a good starting point to determine what yours is. If the statute of limitations has already expired, then you will not be able to start legal action against Monsanto at all. A good lawyer will help you to review whether the time has passed or whether you can still start a case. That being said, the majority of people who have cancer today and who believe that is as a result of Roundup still fall within the product liability cases statute of limitations.
- The Agricultural Health Study (n.d.). Retrieved from https://aghealth.nih.gov/.
- Glyphosate Facts (n.d.). Retrieved from https://www.glyphosate.eu/.
- IARC – Agents Classified by the IARC Monographs, Volumes 1–122 (n.d.). Retrieved from https://monographs.iarc.fr/agents-classified-by-the-iarc/.
- The Lancet Oncology – Carcinogenicity of tetrachlorvinphos, parathion, malathion, diazinon, and glyphosate (May 1, 2015). Retrieved from https://www.thelancet.com/journals/lanonc/article/PIIS1470-2045%2815%2970134-8/abstract.