Roundup Lawsuit – October 2024 Update

The Roundup Lawsuit Is An Active Lawsuit

See If You Qualify!

Individuals are filing Roundup lawsuits against the manufacturer, Monsanto, claiming the company failed to warn about the health risks of Roundup’s active ingredient, glyphosate. Research shows glyphosate may cause non-Hodgkin’s lymphoma, multiple myeloma, B-cell lymphoma, and other health issues.

In re: Roundup Products Liability Litigation (MDL No. 2741) was formed in October 2016. As of July 2024, there are still over 4,200 cases pending, and lawsuits continue to be filed today.

Roundup Lawsuit Overview

Commonly used weed and grass killer, Roundup has come under scrutiny after studies show a potential link between the chemical and an increased risk of developing non-Hodgkin lymphoma and other kinds of cancer. Lawsuits filed against Roundup manufacturer Monsanto (now Bayer) allege that the company knew about the risk associated with exposure to the weed killer’s main active ingredient, glyphosate, but failed to warn consumers. 

The World Health Organization (WHO) has classified glyphosate as probably carcinogenic to humans, meaning that studies show it may cause cancer. The data prompted Bayer to settle over 100,000 claims in 2020 with a payout of nearly $11 billion. Currently, the California Roundup Multidistrict Litigation (MDL) has 4,279 lawsuits remaining.

Individuals who have been diagnosed with cancer potentially linked to Roundup are strongly encouraged to seek legal representation to determine whether they may be eligible for compensation. At King Law, our lawyers have extensive experience handling product liability cases and will work tirelessly to ensure you receive the recovery you deserve. Contact our office today for a free, no-obligation consultation.

Roundup Lawsuit Update – October 2024

September 24, 2024: Jury Selected for Philadelphia’s Sixth Roundup Trial Against Monsanto

September 12, 2024: Philadelphia Verdict Favors Monsanto Citing Lack of Evidence

A Philadelphia jury recently reached a verdict on Wednesday, September 11th, in favor of Bayer’s Monsanto, the manufacturer of Roundup. The jury ruled against the plaintiff, citing insufficient evidence to support his claim that Roundup caused his non-Hodgkin’s lymphoma. The verdict highlights the importance of understanding the evidence needed to succeed in a Roundup lawsuit. Evidence like purchase receipts, medical records, employment contracts showing routine Roundup use, photos of empty containers, etc. can help establish prolonged exposure, making a lawsuit potentially more favorable for the plaintiff.

September 1, 2024: Mississippi Woman Files Roundup Lawsuit Over Husband’s Death from Non-Hodgkin’s Lymphoma

A Mississippi woman filed a Roundup lawsuit on behalf of her now-deceased husband. The lawsuit alleges that the man used Roundup products containing glyphosate for many years before being diagnosed with Non-Hodgkin’s Lymphoma. The plaintiff claims that Monsanto, the manufacturer of Roundup, has minimized the dangers of the product for decades, describing it as “safer than table salt” and “practically non-toxic” to mammals. The lawsuit further alleges that the company failed to properly warn users of the herbicide’s dangers to humans. The plaintiff is seeking compensation for wrongful death, survival damages, economic damages, attorney’s fees, and punitive damages.

August 18, 2024: Third Circuit Court of Appeals Ruling Creates Circuit Split in Roundup Lawsuits

The Third Circuit Court of Appeals has ruled that state law failure-to-warn claims against Bayer and Monsanto are not allowed in state court. The case, Schaffner v. Monsanto, was settled with the right to appeal in 2022. This decision contrasts with rulings in similar cases in other federal courts in Atlanta and San Francisco, creating what is known as a “circuit split,” where federal courts have ruled differently on the same issue. A circuit split increases the likelihood that the U.S. Supreme Court will hear the case and decide whether plaintiffs can bring failure-to-warn cases in state courts in the Roundup lawsuits. David Schaffner, a professional landscaper diagnosed with non-Hodgkin’s lymphoma in 2006, settled his case with the right to appeal in 2022. He had used Roundup both on the job and at home.

August 13, 2024: Bayer’s Alleged Lobbying Efforts for Roundup Protection in Upcoming Farm Bill

Rumors continue to circulate that Bayer is lobbying intensely for protection from future Roundup cancer lawsuits in the upcoming farm bill. Bayer has spent close to $10 million this election cycle on lobbying. Some believe their current political agenda is focused on labeling requirement modifications and how they could affect future lawsuits. Bayer has already faced several billion dollars in verdicts and paid over $10 billion in one Roundup settlement. Allegations are centered around Representative Dusty Johnson from South Dakota, who has amended the draft bill.

August 1, 2024: Australian Federal Court Dismisses Roundup Non-Hodgkin’s Lymphoma Lawsuit

Justice Michael Lee of Australia’s Federal Court dismissed a class action lawsuit claiming that Roundup’s active ingredient, Glyphosate, was causing users of the weedkiller to develop Non-Hodgkin’s Lymphoma. “It is not proven in this proceeding on a balance of probabilities… that throughout the relevant period use of, and or exposure to Roundup products increased an individual’s risk of developing NHL,” Judge Lee said. Judge Lee reached this conclusion after reviewing three different types of scientific studies exploring potential links between Glyphosate and Non-Hodgkin’s Lymphoma and did not believe that there was sufficient evidence to make a connection that Roundup was the likely cause. Bayer, the German company that owns the manufacturer of Roundup, plans to leverage this decision to help dismiss current and future Non-Hodgkin’s Lymphoma claims in the United States. This ruling, while not controlling law in the U.S., highlights the importance of science and to what extent the plaintiffs must prove their position. This is often called “burden of proof” and in most cases like this they must prove that it is “more likely than not” that the product caused the plaintiff’s injury. Bayer continues to face significant losses in U.S. courts with more than $4 billion in damages already awarded and over 50,000 outstanding claims still in progress.

July 26, 2024: Decentralization of Roundup Lawsuits Across Multiple Jurisdictions

The Roundup lawsuit is different from many other large lawsuits because it is more decentralized. There are estimates of over 160,000 total lawsuits filed against Bayer and Monsanto alleging injuries from Roundup. Lawyers estimate that there are about 54,000 Roundup lawsuits currently pending. The unusual part is that only about 4,500 of those lawsuits were filed in the federal court MDL. Typically, the MDL gets most of the cases and the state court litigations are smaller. There have only been about 100 cases filed into the MDL this year and less than ten this month. However, firms are still aggressively intaking new cases. Most lawsuits are being filed in Pennsylvania, Missouri, or California.

July 14, 2024: Roundup Lawsuit Progress – Varied Outcomes Across Multiple States

The Roundup lawsuit is unique due to the involvement of multiple states. Typically, such cases are part of a large federal court lawsuit known as an MDL. In this instance, the MDL contains only about 4000 cases. There have been verdicts for plaintiffs who allege they have suffered Non-Hodgkin’s Lymphoma as a result of exposure to Roundup in California, Missouri, and Pennsylvania. The verdicts have ranged from $1,250,000 to $2,250,000,000. Additionally, there have been at least ten cases where the defense prevailed in Roundup lawsuits at trial.

July 11, 2024: Roundup Manufacturers Lobby Congress to Limit Lawsuits Amid Ongoing Litigation

Roundup manufacturers Monsanto and Bayer have taken a new approach to trying to end the Roundup lawsuit. They are now lobbying Congress for laws that make it more difficult to sue. There are rumors that the defendant is trying to attach legislation to an upcoming farm bill. Critics say that limiting lawsuits could hurt people seeking justice from companies that release dangerous products. The EPA may reconsider whether or not Roundup causes cancer in 2026.

July 7, 2024: Bayer to Appeal Bellwether Trial Damages in Roundup Litigation

Bayer, the company that manufactures the herbicide Roundup, plans to file an appeal for the recent bellwether trials where damages were awarded. The pharmaceutical company stands behind their product and views the damage awards as “excessive,” even as pending cases continue to steadily rise. Our firm is still accepting new Roundup cases for those diagnosed with non-Hodgkin’s lymphoma and similar blood cancers.

June 2024: The Philadelphia Court of Common Pleas issued a decision reducing the $2.25 billion verdict in the McKivison case to $400 million. There are still over 4,200 cases pending in the California Roundup MDL.

April 2024: A Missouri judge reduced a $1.56 billion Roundup verdict against Bayer to $611. While the drug manufacturer had been found liable for negligence in November 2023, the judge felt that the jury award of $1.5 billion of punitive damages was excessive since it was more than 9x the compensatory damages. The $61.1 million award for compensatory damages stood, according to the appeal. 

January 2024: Bayer was ordered to pay $2.25 billion after a jury determined the company was negligent. The plaintiff, John McKivison, who used the top-selling weedkiller for twenty years, was diagnosed with non-Hodgkin’s lymphoma.

About the Roundup Lawsuit:

What Is Roundup and What Is It Used For?

Roundup is the most widely used weed killer in the world. Its active ingredient, glyphosate, was first introduced in 1973. Over the last several years, the herbicide has been used for both commercial and residential applications. Initially produced by Monsanto, the product is available in liquid concentrate and ready-to-use sprays. Approximately 280 million pounds of the chemical are applied each year. The potentially cancer-causing weedkiller is popular because of its effectiveness. It reportedly prevents new growth for up to four months and becomes rainproof within 30 minutes.

The U.S. patent for glyphosate expired in 2000, extending its use to more products on the market. The herbicide is applied to a wide variety of agricultural settings, including grains, nuts, fruit, and vegetable crops. Glyphosate is currently the most-used herbicide in America. In 2018, healthcare and agriculture giant Bayer acquired Roundup maker Monsanto for $63 billion. Since the purchase, shares in the company have dropped nearly 60%. 

Litigation filed against Monsanto (now Bayer) alleges that the herbicide may be linked to an increased cancer risk. Studies show that heavy use of the toxin and prolonged exposure may cause non-Hodgkin lymphoma and related cancers. Individuals diagnosed with cancer potentially linked to Roundup are encouraged to seek legal counsel to discuss compensation for medical expenses, pain, and suffering.

How Does Roundup Work?

The main active ingredient in Roundup Weed and Grass Killer is glyphosate, specifically the isopropylamine salt of glyphosate. Glyphosate is a non-selective herbicide (meaning it kills most plants) that is applied to the leaves of the plant. Once applied, it works its way through the plant to the roots, preventing the plant from making specific proteins necessary for growth.

By inhibiting the EPSP synthase enzyme within the shikimic pathway, the plant becomes malformed and eventually dies. All green plants where glyphosate is applied to the leaves may experience stunted growth, leaf discoloration, malformation, and death. The toxin is most effective when weeds are actively growing. In some cases, the formula may work within hours of application. In less favorable conditions, such as cold weather or drought, the chemical may take up to four weeks to work.

Because of its non-selective nature, extra care must be taken to protect non-weeds or plants you want to keep. Precision is required when applying the product to ensure that only the plants you want killed are affected. Glyphosate can control a wide range of undesirable plants, such as annual weeds, grasses, and broad-leafed growth.

Active and Inactive Ingredients in Roundup: Glyphosate, POEA, and More

Several products are within Bayer’s Roundup Weed and Grass Killer line, but the primary active ingredient in each is glyphosate. Glyphosate works by targeting the EPSP synthase enzyme necessary for a plant’s growth. 

Active ingredients in Roundup:

• Glyphosate: The primary active ingredient in Roundup products, known for its weed-killing properties. 
• Isopropylamine Salt: The salt enhances the effectiveness of glyphosate.
• Diquat Dibromide and Pelargonic Acid: Help to break down plant cells, resulting in rapid cell death. 
• MCPA dimethylamine salt: Mimicks the plant hormone auxin that disrupts the plant’s vascular system.
• Quinclorac: Mimicks auxin and is particularly effective against crabgrass.
• Dicamba dimethylamine salt: Mimicks auxin and disrupts the plant’s normal growth pattern.
• Sulfentrazone: Inhibits enzyme protoporphyrinogen oxidase (PPO) causing toxic buildup and cell membrane damage.

Additional ingredients in Roundup:

• POEA (polyethoxylated tallow amine): A highly toxic surfactant that enhances glyphosate’s effectiveness. It is used to maximize coverage and penetration on plant leaves. 
• Organic Acids and Isopropylamine: Minor components that support the main active ingredients.
• Water: Serves as a solvent and carrier for the active ingredients, ensuring they are evenly distributed and effectively absorbed by the weeds for optimal herbicidal action.

Not only has glyphosate been linked to a potential increase in cancer risk upon exposure, but other ingredients have also raised grave concerns. Pesticides containing glyphosate and POEA, in particular, are highly toxic to aquatic organisms compared to formulations with glyphosate alone.

It is estimated that over 750 products on the market contain glyphosate. Products may contain varying concentrations and active ingredients, leading to confusion among consumers. Other active ingredients in these products may include MCPA and dicamba. 

Since many manufacturers consider the glyphosate formulations proprietary information, it is challenging to know the actual composition of the products, raising concerns over their safety. Additionally, many ingredients, such as POEA, are classified as inactive, leading to minimal regulatory oversight.

Types of Cancer and Health Issues Linked to Roundup

Analysis from researchers in the UW Department of Environmental & Occupational Health Sciences (DEOHS) indicates that exposure to glyphosate increases a person’s risk of developing non-Hodgkin’s lymphoma by 41%. Glyphosate is the active ingredient in Roundup Weedkiller. Another study suggests that the pesticide may be linked to an increased risk of multiple myeloma. The data showed that farmers had a higher rate of the cancer.

Cancers associated with exposure to Roundup’s main ingredient, glyphosate:

• Non-Hodgkin lymphoma (NHL)
• Multiple myeloma
• B-cell lymphoma
• Burkitt lymphoma
• Chronic lymphocytic leukemia (CLL)
• Follicular lymphoma
• Hairy cell leukemia
• Lymphoblastic lymphoma
• Mantle cell lymphoma
• Marginal zone lymphoma
• Peripheral T-cell lymphoma

Pending litigation suggests that Monsanto (now Bayer) knew of the cancer risks associated with exposure to Roundup’s main ingredient, glyphosate, and failed to warn consumers. Due to their frequent and prolonged exposure, agricultural workers, groundskeepers, and landscapers are at the highest risk for harm.

Other health concerns linked to Roundup exposure:

• Anemia
• ADHD
• Respiratory illnesses
• Neurological disorders (like Alzheimer’s and Parkinson’s)
• Birth defects
• Multiple sclerosis
• Amyotrophic lateral sclerosis (ALS)
• Diabetes
• Liver disease
• Kidney disease
• Heart disease
• Depression

Because the onset of symptoms may be delayed, it is critical for potential victims to seek prompt medical and legal advice. Individuals at high risk or who had prolonged exposure are strongly encouraged to consult with an attorney as soon as possible.

Non-Hodgkin’s Lymphoma (NHL) 

Multiple studies indicate a link between non-Hodgkin’s lymphoma and exposure to glyphosate. The 2019 UW Department of Environmental & Occupational Health Sciences (DEOHS) study indicated a 41% increase in the risk of non-Hodgkin’s lymphoma. Prior studies prompted the IARC, a division of the World Health Organization, to classify the toxin as a probable carcinogen. These findings have prompted thousands of lawsuits against the manufacturer, resulting in a landmark $11 billion settlement for victims.

Non-Hodgkin’s Lymphoma is a form of lymphatic cancer. Early signs include painless swelling of lymph nodes in the groin, neck, or armpit. Additional symptoms may include fever, chills, night sweats, fatigue, weight loss, chest pain, shortness of breath, bone pain, headaches, and abdominal bloating. Unintentional weight loss of at least 10% of your body weight over a six-month period may be a significant indicator of the disease. 

Research indicates that glyphosate is genotoxic to human lymphocytes and carcinogenic in rodents. It is strongly recommended that individuals who may be at risk for glyphosate exposure or have persistent flu-like symptoms for over two weeks seek medical evaluation. Prompt diagnosis of any related condition is often critical for treatment. 

Diffuse Large B-cell Lymphoma (DLBCL) 

Diffuse large B-cell lymphoma (DLBCL) is the most common form of non-Hodgkin lymphoma, with approximately 18,000 new diagnoses each year in the United States. It is a fast-growing or aggressive form of cancer affecting the B-lymphocytes (a type of white blood cell). Healthy B-cells are critical to fight infections. The cancer originates from DNA-damaged B-lymphocytes in the lymphatic system and then spreads to other body parts, including the gastrointestinal tract, liver, and more as the disease advances. 

The cancer may occur as early as childhood, but the average age of diagnosis is 60. While DLBCL is highly treatable, the cost of treatment can be prohibitive. Symptoms of the disease include painless, swollen lymph nodes, mild fever, night sweats, and coughing. 

Critical symptoms or signs of advanced disease may include abdominal bloating, bone pain, constant itching, and respiratory issues. Early detection often proves critical. Medical evaluation is strongly recommended if you have persistent flu-like symptoms. 

Studies show that risk factors may include prolonged exposure to chemicals like glyphosate and radiation. The pesticide’s potential to cause DNA mutations in white cells may increase the risk of developing DLBCL. Surfactants commonly used in herbicides like Roundup may enhance the permeability of the product in the skin, increasing the risks of harm. Individuals who apply the product without proper protective gear are at a higher risk of developing the disease. 

Chronic Lymphocytic Leukemia (CLL)

Chronic lymphocytic leukemia (CLL) is a type of blood and bone marrow cancer. Symptoms include swollen lymph nodes, fever, night sweats, fatigue, and unexplained weight loss. Signs of advanced disease may include an enlarged spleen, frequent infections, and significant weight loss. It is generally diagnosed through routine blood tests showing a high lymphocyte (a kind of white blood cell) count. 

The cancer is characterized by slow progression and is usually found in older adults, with a higher incidence among Caucasian males. During early stages, the disease may not require immediate treatment. However, as the cancer progresses, it can mandate interventions, such as chemotherapy. While it is treatable with various therapies, the costs of treatment can be exorbitant. 

Research indicates that risk factors for CLL may include long-term exposure to pesticides like glyphosate, particularly in farming professions. Scientific studies, including the 2019 University of Washington study and those reported by the IARC, have also suggested a link between glyphosate exposure and CLL, categorizing the cancer under non-Hodgkin’s lymphoma. Individuals at high risk of pesticide exposure are encouraged to engage in regular check-ups to ensure early detection of CLL and other forms of cancer-related to glyphosate.

Multiple Myeloma 

Several epidemiological studies have found a link between exposure to the main active ingredient in Roundup, glyphosate, and an increased risk of multiple myeloma. Specifically, an analysis from a 2015 U.S. Agricultural Health Study indicated an increased risk of multiple myeloma among pesticide applicators who used Roundup.

Another study published in 2019 in the Journal of Hematology & Oncology resulted in similar findings that Roundup may present a heightened risk for the development of multiple myeloma. Evidence from the University of Washington and the World Health Organization also corroborated these connections. 

Legal documents from pending litigation against Monsanto suggest that Roundup exposure may result in abnormal plasma cell growth in bone marrow, leading to a compromised immune system, degradation of the bone, and kidney failure as a result of abnormal protein production. 

Additional Cancer Types and Health Issues

• Liver inflammation
• Metabolic disorder
• Anemia
• Multiple sclerosis
• Birth Defects
• Neurological disorders
• Liver, kidney, and heart disease
• Respiratory illnesses
• Lymphatic cancers

Multiple Studies Link Roundup to Non-Hodgkin’s Lymphoma

Despite Monsanto’s claims that glyphosate, the main active ingredient in Roundup, is safe, multiple studies have linked exposure to the toxin to an increased risk of certain kinds of cancer, including non-Hodgkin’s lymphoma.

Studies linking Roundup to non-Hodgkin’s lymphoma:

• Analysis by the UW Department of Environmental & Occupational Health Sciences (DEOHS) in 2019 concludes that glyphosate exposure presents a 41% increase in the risk of developing non-Hodgkin’s lymphoma.
• A review of the 2019 findings, published in 2021 in Clinical Lymphoma, Myeloma, and Leukemia, supports the research.
• National Cancer Institute’s Division of Cancer Epidemiology & Genetics findings support an “association between glyphosate exposure and oxidative stress markers. 

Numerous studies have linked glyphosate exposure to adverse health conditions, including immunosuppression, endocrine disruption, and genetic alterations. They have also shown the genotoxic effects on human lymphocytes and indicate the carcinogenic potential in rodents. New research suggests that the increased risk for non-Hodgkin’s lymphoma may be caused by the toxin’s ability to upregulate the B-cell genome mutator enzyme. Higher risks have been noted in individuals who have prolonged or higher levels of exposure to the chemical.

Round Manufacturer Monsanto Knew About Health Risks

Lawsuits filed against Roundup manufacturer Monsanto (now Bayer) allege that the company knew about the health risks associated with glyphosate and failed to warn consumers. Despite significant studies published as early as 1983 (Bio/dynamics Laboratory study) indicating the potential carcinogenic effects of the toxin, Monsanto continued to promote the product’s safety. Since then it is alleged that extensive efforts have been undertaken to conceal the health risks posed by the toxin.

Research indicating Monsanto knew of the dangers of its product and failed to warn consumers:

• A 1983 study by Bio/Dynamics Laboratory showing the potential carcinogenic effects of glyphosate in mice.
• The “Monsanto Papers” –  a collection of internal company documents detailing their effort to control the narrative surrounding glyphosate’s safety and to influence the regulatory process.
• A 2015 study by the World Health Organization’s International Agency for Research on Cancer (IARC) labeled glyphosate as “probably carcinogenic.” Monsanto has aggressively contested this claim.
• Evidence at the trial of Dawayne Johnson, shows that the company never tested the carcinogenicity of the combined ingredients in Roundup. Additional evidence presented indicates that the company ghost-wrote studies promoting Roundup’s safety in an effort for them to appear independent and influence regulators. 
• Legal documents in cases filed against Monsanto show the extent of the company’s efforts to manipulate scientific publications and regulatory bodies, particularly the Environmental Protection Agency (EPA), about the safety of glyphosate and to suppress evidence that was contrary to the company’s stance that the product was as safe as “table salt.”

Who Qualifies for the Roundup Lawsuit?

Prior to filing a Roundup lawsuit, you will need to ensure that you meet certain eligibility requirements. An attorney can review your case to determine whether you should proceed with filing a legal claim. 

Eligibility requirements for a Roundup lawsuit may include:

• Proof of diagnosis of cancer linked to glyphosate exposure, including non-Hodgkin’s lymphoma, mantle cell lymphoma, B-cell lymphoma, Burkitt lymphoma, etc. Must have been diagnosed on or after June 1, 2018, due to the statute of limitations in most states.
• Proof of the type and duration of exposure to Roundup. The most frequent claimants are agricultural workers, landscapers, and farmers. Must have used Roundup for 80 hours or more within the two years preceding your diagnosis.
• A person who is currently diagnosed with and receiving treatment for non-Hodgkin’s lymphoma or has been in the past. Special considerations are given to those who were 12 years old or younger at the time of exposure
  
• The family members of a person who has died from non-Hodgkin’s lymphoma due to Roundup exposure. 

High-risk groups who may have had exposure as a result of an occupational hazard are encouraged to contact an attorney immediately. In all instances, an attorney will provide a free legal consultation to confirm eligibility for filing. Once eligibility is determined, you can begin gathering the evidence necessary to prove your case. Monsanto has historically denied liability, requiring drawn-out litigation. 

Evidence Needed to File a Lawsuit Against Roundup

All Roundup lawsuits will require evidence to substantiate the claims that are being made. Evidence that may be needed in a Roundup lawsuit includes medical records, proof of exposure, and testimony from expert witnesses.

Evidence that may be required in a Roundup lawsuit:

• Medical records: Documents that provide evidence of your cancer diagnosis, treatment plans, and other medical interventions related to your illness.
• Proof of exposure: Evidence of the type and duration of exposure you experienced, including your receipts, purchase records, or employment records.
• Witness testimony: Statements from friends and family who may be able to corroborate your claims, as well as hired experts.
• Scientific studies: Your attorney may help to gather scientific studies that link glyphosate exposure to your condition. 
• Death certificate: In the case of the loss of a loved one. 

Evidence is essential to help establish a connection between your use of Roundup and your diagnosis. Be sure to provide all possible links to exposure, such as Roundup containers, landscaping invoices, and a detailed exposure history. It is important to discuss the specifics of Roundup’s impact on your health as well as the duration and extent of exposure with your attorney. Your attorney can help determine the evidence that may prove critical to your case and will provide an in-depth valuation of the strength of your claim.

Recoverable Damages in the Roundup Lawsuit

In a Roundup lawsuit, plaintiffs may be eligible for compensatory damages, which covers both economic losses (out-of-pocket expenses) and non-economic losses (pain and suffering, etc.) In some cases, individuals may be awarded significant punitive damages, which are designed to hold defendants who were grossly negligent or guilty of intentional misconduct accountable and ensure that the conduct does not continue. 

Types of recoverable damages in a Roundup lawsuit include:

• Medical expenses: Compensation related to past and future medical treatments.
• Lost wages: Covers missed work.
• Loss of future earning capacity: Provides compensation for a reduced ability to earn.
• Out-of-pocket expenses: Ensures any costs related to diagnosis or treatment are covered.
• Pain and suffering: Provides compensation for physical pain and emotional distress.
• Loss of consortium: Loss of spousal support and companionship.
• Funeral and burial costs: Applicable in a wrongful death lawsuit.

In the Roundup lawsuits, many cases have been consolidated into multidistrict litigation (MDL). In an MDL, cases are still assessed individually with compensation awarded based on the specific harm that was suffered.

How to File a Roundup Lawsuit

If you were diagnosed with non-Hodgkin’s lymphoma after exposure to glyphosate, you may be eligible to file a lawsuit. The best way to determine eligibility is by consulting with an attorney. 

Steps to file a Roundup lawsuit:

1. Confirm Eligibility: Eligibility requirements may include being able to prove a diagnosis of non-Hodgkin’s lymphoma or other cancer linked to glyphosate exposure and proof of exposure to Roundup. Proof of exposure may be evidenced by purchase receipts, usage logs, or testimony from witnesses who observed your use of the product.
2. Consultation with a Lawyer: Next, it is strongly recommended that you consult with an attorney who is well-versed in toxic exposure claims or product liability, particularly those with experience in Roundup cases. Many law firms offer free case consultations to assess the viability of your claim.
3. Gather and Prepare the Necessary Documentation: With the help of your attorney, you will need to gather and prepare all necessary evidence for your case, including medical records, proof of exposure, and witness statements corroborating your Roundup exposure.
4. File the Lawsuit: Once all necessary evidence is collected, your attorney will prepare and file a legal complaint against Monsanto (Bayer), the manufacturer of Roundup, in the appropriate court. Prior to filing, your attorney will ensure that the case is filed within the appropriate timeframe or statute of limitations, which may range from one to six years from the date of diagnosis or discovery of the cancer link.
5. Discovery Phase: Once the lawsuit is filed, it will enter the Discovery phase. During this phase, both sides will exchange information and evidence, including depositions, requests for documents, and interrogatories. Each side may also hire expert witnesses to testify on the carcinogenic nature of glyphosate.
6. Settlement Negotiations: Throughout the case, your attorney may attempt to enter into settlement negotiations with the opposition. You will need to evaluate all settlement offers with your attorney to ensure they adequately cover all of your economic and non-economic losses, such as your medical costs, lost income, pain and suffering, and other damages.
7. Trial: If a favorable settlement cannot be reached, your case may go to trial. At trial your attorney will present your case in front of a judge or jury. Both sides will have the opportunity to present their evidence before a verdict is reached based on the merits of the case.
8. Post-trial: If the outcome of the trial is unfavorable, you may be able to appeal the decision. If the verdict is in your favor, your attorney will help to ensure you receive your awarded damages as quickly as possible.
9. Monitor Health and Follow-Up: Once the case is resolved, you will need to continue to monitor your health and follow up with the appropriate medical care for your condition. Additionally, you will want to ensure that you stay in touch with your attorney to handle any post-trial issues or appeals.

Roundup Lawsuit Statute of Limitations and Deadlines

A statute of limitations is a legal timeline within which a claim must be filed to be eligible for compensation. Generally, plaintiffs in Roundup lawsuits have one to three years from the date of a cancer diagnosis or the death of a loved one to file a case. However, statutes of limitations may vary significantly by state. Although they are typically aligned with personal injury or product liability laws. 

Under most circumstances, the timeline begins from the date of a cancer diagnosis or the date of death of a loved one. In some states, the Discovery Rule applies, meaning the time does not begin to toll until the plaintiff discovers the link between their condition and Roundup exposure. 

Factors that may affect your case include when you became aware of the harm caused by the herbicide and when the public became aware. It is important to note that the statute of limitations may be paused during ongoing mass tort litigation to ensure all potential victims are allowed to come forward. It is also important to take into consideration any statutes of repose that may apply. A statute of repose may cause your claim for compensation to be denied because too much time has passed from the date of initial exposure.

Roundup Lawsuit Settlement and Payout Amounts

Roundup lawsuit settlement and payout amounts are expected to range between $5,000 and $250,000, depending on the severity of the case. The June 2020 Global Settlement resulted in a landmark $11 billion settlement, which averaged over $150,000 per plaintiff, including a reserve of $1.25 billion for future claims. Despite the sizable global settlement, over 40,000 cases remain active in litigation.

Several factors may include a person’s settlement amount, including the strength of the case, severity of the injury, type of treatment, and damages sought. In all Roundup lawsuits, a plaintiff must be able to prove the duration and intensity of Roundup exposure, as well as the time between exposure and diagnosis. 

In general, settlements are determined based on a scoring system, with higher points being awarded to more severe cases. It is important to consult with an attorney as early in the process as possible to determine the potential value of your case and whether you meet the necessary criteria to file a claim.

Roundup Settlement Points System

In order to ensure a fair and equitable distribution of the global settlement funds, a Roundup Settlement Points System was established. The system evaluates individual claims to assigning points based on several factors including type and duration of exposure, health at the time of diagnosis, and the severity of the required treatment. 

Factors that influence the number of points a claim may receive include the type, degree, and duration of Roundup use. This focuses primarily on when the exposure occurred. Additionally, points are determined based on the known health impact, such as the type and stage of cancer, age, and overall health prior to diagnosis, and the presence of other risk factors for developing non-Hodgkin’s lymphoma. Finally, the length and severity of treatment may be taken into consideration, as well as lost wages, pain and suffering, and other damages. 

Points are awarded to create a tiered system, with the top tier given to the most severe cases and exposure levels. Top-tier cases usually involve individuals who suffered daily exposure to the pesticide, such as landscapers and agricultural workers. People who may have had less frequent use, like homeowners, or those with cancers less directly linked to roundup may be awarded less points and assigned a lower tier. Claimants can appeal their points allocation once, but then the decision is final.

Contact a Roundup Lawyer

Were you an agricultural worker or landscaper diagnosed with non-Hodgkin’s lymphoma or another form of lymphatic cancer? You may be entitled to compensation. At King Law, our attorneys have extensive experience handling Roundup and glyphosate-related claims. We can navigate these complex claims and help to get you the money you deserve. Contact our office today to schedule a free, no-obligation consultation. 

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