What Proof Do You Need for a Roundup Lawsuit? [2024 Update]

The Roundup Lawsuit Is An Active Lawsuit

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Overview: What Evidence is Required for a Roundup Lawsuit?

Roundup, the world’s most widely used herbicide, has come under scrutiny after studies showed exposure to its active ingredient, glyphosate, may increase the risk of developing certain types of cancer, including non-Hodgkin’s lymphoma. It is alleged that the manufacturer, Monsanto (acquired by Bayer AG in 2018), knew about the risk of cancer and failed to adequately warn users. Individuals who have been diagnosed with non-Hodgkin’s lymphoma after prolonged use of Roundup may be eligible for compensation by taking legal action. 

To file a lawsuit against the manufacturer of Roundup, individuals may collect certain pieces of evidence, including receipts of purchase, partially used containers, invoices for landscaping work, proof of employment in an industry with herbicide exposure, medical records showing a diagnosis linking cancer to Roundup exposure, and expert testimony. 

Affected individuals are encouraged to contact King Law to schedule a free consultation. Our attorneys can help collect the evidence necessary to substantiate your claim and work to ensure you receive the maximum possible compensation in your case.

New Evidence About the Dangers of Monsanto’s Roundup

October 2023: Researchers from the University of California, Berkeley, found that glyphosate and its formulations showed “strong evidence” for five key characteristics of carcinogenicity.

April 2023: A study published in the Journal of the National Cancer Institute indicates a link between exposure to glyphosate and oxidative stress in humans. Oxidative stress is a key characteristic of carcinogens or cancer-causing substances. 

June 2022: Glyphosate was detected in 80% of urine samples analyzed by the U.S. Centers for Disease Control and Prevention (CDC), indicating the widespread exposure of the weed killer.

August 2020: The Agency for Toxic Substances and Disease Registry released findings that glyphosate exposure may increase the risk of multiple myeloma.

February 2019: A study conducted by researchers at the University of Washington’s  Department of Environmental & Occupational Health Sciences (DEOHS) indicated that glyphosate, the active ingredient in Roundup, increases a person’s risk of developing non-Hodgkin lymphoma by 41%.

Proof Needed for a Roundup Lawsuit:

What Is the Burden of Proof in a Roundup Lawsuit?

Plaintiffs in a Roundup lawsuit have the burden of proof. They must prove that their injuries were a result of exposure to Roundup. It is not necessary, however, for a plaintiff to prove that the manufacturer of Roundup was negligent, only that the product was defective and caused their injuries. To file a successful claim, plaintiffs must show that they used Roundup, which is sold commercially, that the product was defective when sold, and that their injury was sustained as a result of the defect in the product. It is imperative to establish a direct link between glyphosate exposure and subsequent health issues, such as cancer. To prove this it would require rigorous scientific evidence and expert testimonies.

Roundup manufacturer Monsanto (now Bayer AG) frequently contests claims related to the use of their products and an increased risk of cancer. They have spent endless resources on conducting their own studies and legal defenses against litigation. It is important to note that proving consistent or significant exposure to Roundup over time may be difficult without detailed records or corroborative testimonies. Critical evidence may include receipts, partially used containers, invoices for landscaping work, employment proof in industries with herbicide exposure, and medical records linking cancer to Roundup exposure.

Individuals affected by Roundup exposure are encouraged to contact an attorney who can assist in gathering necessary evidence, building a strong case, and maximizing compensation. Plaintiffs, however, may face a daunting task going up against a well-funded corporation with significant legal resources. It is important to understand the burden of proof required of plaintiffs, the evidence that may be necessary to prove your claim, and the legal challenges that you may face. Plaintiffs are encouraged to consult with a knowledgeable Roundup lawyer to determine their eligibility.

Has Roundup Been Proven to Cause Cancer?

Several studies have linked the primary ingredient in Roundup, glyphosate, to an increased risk of developing non-Hodgkin lymphoma. Research from the University of Washington’s  Department of Environmental & Occupational Health Sciences (DEOHS) showed a 41% increase in the risk of non-Hodgkin lymphoma related to glyphosate exposure. However, not all experts agree on the risk of exposure related to the most widely used herbicide. There is an ongoing debate among regulators, scientists, and agribusiness groups about glyphosate’s carcinogenic properties. 

In 2015, the International Agency for Research on Cancer (IARC) classified glyphosate as a “probable human carcinogen.” Within two years, however, the United States Environmental Protection Agency (EPA) released findings that concluded glyphosate was “not likely to be carcinogenic to humans.” In 2018, an Agricultural Health Study indicated an increased risk of acute myeloid leukemia with glyphosate exposure.  

Data released in 2022 by the CDC showed that glyphosate was detected in 80% of the urine samples analyzed, including children. This study indicates the widespread exposure of the herbicide. A study published in 2023 found a link between glyphosate exposure and oxidative stress in humans, while other studies found biomarkers in urine linked to cancer and other diseases in individuals exposed to glyphosate. Data shows that oxidative stress may play a role in the development of hematologic cancers, including lymphoma, myeloma, and leukemia.

Increasing evidence and continued research highlight the potential health risks associated with glyphosate exposure. Glyphosate use is banned or restricted in more than two dozen countries due to health concerns. Individuals have filed a number of lawsuits with non-Hodgkin lymphoma, blaming glyphosate-based herbicides for their disease.

How to Qualify for a Roundup Lawsuit

To file a Roundup lawsuit, individuals must meet certain qualifying criteria. In general, successful claimants must be able to demonstrate that they used Roundup or a similar glyphosate-based product and were diagnosed with non-Hodgkin lymphoma or another qualifying cancer after June 1, 2018. 

Conditions for Roundup lawsuit eligibility:

• Provide proof of Roundup usage for at least two years prior to diagnosis of cancer. 
• Provide evidence of long-term or large-amount exposure. 
• Filed within the state-specific statute of limitations.

Most individuals are able to prove exposure through occupational use. Common occupational exposures include:

• Farmworkers
• Groundskeepers
• Horticulturists
• Landscapers
• Nursery workers
• School athletic staff

Non-Hodgkin lymphoma patients may have grounds to sue, regardless of treatment status. If you meet the eligibility criteria, it is important to gather the evidence required to substantiate your claim and consult with a Roundup attorney. An attorney can help you understand the specific legal requirements and deadlines for filing a lawsuit in your state.

How Do You Prove Roundup Caused Your Cancer?

Proving that exposure to Roundup caused your cancer can be challenging without the help of an experienced personal injury attorney. Scientific data, sources and proof of use are critical for supporting your claim. Additionally, you will need to show evidence of your degree and duration of exposure as well as proof that the chemical was handled properly when used. A lawyer can help establish the time period between exposure to glyphosate and your subsequent cancer diagnosis. 

Types of cancer linked to Roundup exposure:

• Non-Hodgkin Lymphoma
• Multiple Myeloma
• Leukemia

You may still have a claim if you were diagnosed with a different form of cancer after Roundup use, but you should consult with an attorney to determine eligibility. Expert testimony also may prove crucial to your case. Expert testimony and scientific research can help provide a credible link between Roundup and cancer. Data and testimonies from the ongoing multidistrict litigation (MDL) related to Roundup exposure may support your case.

Steps to prove your Roundup case:

• Collect scientific data: Gather independent studies and research linking glyphosate (Roundup’s active ingredient) to cancer.
• Document exposure details: Record the degree, duration, and correct use of Roundup. Detail the timeline from exposure to diagnosis.
• Obtain expert testimony: Seek expert witnesses who can corroborate the scientific link between Roundup and your cancer.
• Utilize MDL resources: Leverage information and findings from the ongoing MDL to strengthen your claim.

Evidence to Collect for a Roundup Lawsuit

To prove your claim in a Roundup lawsuit, you will need to collect evidence. An attorney can assist you in determining what evidence you may need to gather to support your claim. Necessary evidence may include records of Roundup usage, evidence of exposure duration, medical records, and financial records.

Proof of Purchase and Receipts

One of the key pieces of evidence that you may need to support your claim is proof of purchase of Roundups, including receipts. Proof of purchase of the product can help you show the duration and extent of use. 

Examples of Roundup proof of purchase and receipts:

• Store receipts showing the purchase of Roundup.
• Credit card or bank statements detailing the purchase.
• Invoices from suppliers or landscaping companies that used Roundup.

Empty and Partially Filled Roundup Containers

In addition to providing proof of purchase and receipts, you should document and preserve empty and partially filled Roundup containers. 

How to document and preserve empty and partially filled Roundup containers:

• Photographs: Take clear, dated photographs of the containers, showing the label, product name, and any remaining contents.
• Label Preservation: Ensure labels are intact and legible, showing product information and usage instructions.
• Storage: Store the containers in a dry, safe place to prevent further degradation.
• Documentation: Record the purchase date, location, and frequency of use associated with each container.
• Witness Statements: Obtain statements from individuals who can attest to your use of the product and the presence of these containers.
• Condition Notes: Make detailed notes about the condition of the containers, including any wear or residue present.

Employment and Exposure Records

Many individuals are able to establish proof of exposure through occupational use. Supplying employment and exposure records can help substantiate your case. 

Employment and exposure records to provide:

• Job titles: Job titles and descriptions that specify duties involving the use of Roundup.
• Employment contracts: Employment contracts or agreements indicating tasks related to herbicide application.
• Work schedules: Work schedules showing frequency and duration of Roundup use.
• Maintenance logs: Maintenance logs or records from employers detailing the use of Roundup.
• Incident reports: Incident reports documenting any direct exposure events.
• Training records: Training records indicating instructions on the handling and application of Roundup.
• Personal logs: Personal logs or diaries noting dates and circumstances of Roundup use.
• Photographs: Photographs or videos showing the use of Roundup in the work environment.
• Statements and testimonies: Statements or testimonies from coworkers or supervisors confirming exposure.

Copies of Landscaping Contracts

Copies of landscaping contracts detailing the use of Roundup as an herbicide may help to prove your exposure. It is important to gather any service agreements, billing statements, or work orders that may highlight the frequency and duration of use. 

Landscaping contracts examples:

• Service Agreements: Contracts between the homeowner or business and a landscaping company outlining the regular use of Roundup.
• Billing Statements: Detailed invoices from landscaping services showing charges for herbicide application.
• Work Orders: Specific instructions given to landscapers on how to apply Roundup during maintenance visits.
• Maintenance Logs: Records maintained by the landscaping company documenting each visit and the use of Roundup.
• Annual Service Contracts: Yearly agreements with landscaping services indicating regular Roundup use as part of the treatment plan.
• Property Management Agreements: Contracts where property management companies detail the use of Roundup for multiple properties.

Medical Records

In order to have a successful claim against the manufacturer of Roundup, you must be able to show a diagnosis of a health condition related to glyphosate exposure. Medical records generally prove critical. It is imperative to provide your attorney with a comprehensive copy of your medical records related to your illness. 

Examples of medical records:

• Doctor’s notes
• Hospital discharge summaries
• Biopsy report
• Pathology results
• Treatment plans
• Diagnostic imaging results (CT scans, MRIs)
• Records of chemotherapy sessions
• Records of radiation therapy sessions

Expert Opinions and Testimonies

Expert opinions and testimonies help to establish a credible link or nexus between your exposure to Roundup and your cancer diagnosis. An attorney can help find the appropriate experts to provide written or oral testimony related to your case. 

Examples of expert opinions and testimonies:

• Testimony from medical professionals specializing in oncology.
• Statements from toxicologists about the effects of glyphosate.
• Reports from epidemiologists on the statistical correlation between Roundup and cancer.
• Expert analysis from environmental health scientists.
• Testimony from agricultural experts on proper usage and exposure risks.
• Affidavits from researchers who have conducted studies on glyphosate.

Proof of Loss of Income

Depending on the situation, individuals who are diagnosed with cancer related to Roundup exposure may be eligible for compensation related to lost wages. To receive these damages, however, you must be able to show proof of loss of current income and potentially loss of future earning capacity.

Proof of loss of income examples:

• Pay stubs showing a reduction in hours or termination.
• Tax returns indicating a drop in income.
• Employer letters confirming a reduction in work capacity or the loss of your job.
• Bank statements reflecting changes in regular deposits.
• Documentation of disability benefits or unemployment claims.
• Statements from accountants or financial advisors detailing income loss.

Other Pieces of Evidence

Working with an attorney can help ensure you receive a complete guide to the types of evidence you would need to prove your case. 

Examples of other pieces of evidence: 

• Photographs of usage
• Witness statements
• Detailed personal logs of Roundup applications.

How to File a Claim Against Roundup

There are several steps that you must follow to file a claim against the manufacturer of Roundup. Foremost, you must meet certain eligibility requirements, including proof of diagnosis of non-Hodgkin’s lymphoma or another type of cancer linked to glyphosate exposure. Working with an attorney from as early as the process as possible can help ensure you meet each step.

1. Determine eligibility: The first step in a Roundup claim is meeting the eligibility requirements. You must have proof of diagnosis of non-Hodgkin’s lymphoma or another cancer linked to glyphosate exposure and be able to show proof of exposure to the substance. Proof of exposure can be accomplished through purchase receipts, usage logs, or testimony from witnesses who observed your use of Roundup.
2. Consultation with a lawyer: Prior to filing a case, it is strongly recommended that you consult with an experienced Roundup lawyer. A lawyer who is experienced in toxic exposure claims or product liability can help ensure that the legal process is followed. Many firms offer a free initial consultation to assess the viability of your claim.
3. Gather and prepare evidence: Through your attorney, you will need to gather and prepare the documentation required to prove your case. Necessary evidence may include medical records showing diagnosis and treatment, proof of exposure through purchase receipts or employment records, and witness statements corroborating Roundup usage. 
4. File the lawsuit: Once all of the necessary documents are gathered, your attorney will file the lawsuit. They will prepare and file a complaint against Monsanto (Bayer) in the appropriate jurisdiction, ensuring that the case is filed within the state-specific statute of limitations. Plaintiffs generally have between one to six years from the date of diagnosis or discovery to file a claim. 
5. Enter into the Discovery Phase: After the case is filed, you may enter what is known as the Discovery Phase. The Discovery Phase involves an information exchange between both parties where each will exchange information and evidence such as depositions, requests for documents, and interrogatories. Each side may also hire experts to testify about the carcinogenic (or non-carcinogenic) nature of glyphosate.
6. Settlement negotiations: Throughout the case, your attorney may enter into settlement negotiations with the other side. During this time, your attorney will evaluate any potential payout offers with you to determine whether they present a full and fair settlement. Full and fair settlements will cover your economic and non-economic losses, including medical costs, lost income, and pain and suffering. 
7. Prepare for trial: If a full and fair settlement cannot be reached, your attorney will present the case in front of a judge or jury. Both sides are able to present evidence prior to a verdict being reached.
8. Post-trial considerations: If the result at trial is unfavorable, you may consider appealing the decision. If the result is a verdict in your favor, your attorney will ensure you receive the awarded damages promptly. It is important to stay in touch with your attorney even once the case is resolved to stay abreast of any post-trial issues or appeals.

Individuals who have suffered adverse health conditions after being exposed to Roundup should continue to engage in regular check-ups. Failure to seek medical attention or continued recommended care and treatment could adversely affect your case.

Deadline for Filing a Roundup Lawsuit

In general, individuals who were diagnosed with non-Hodgkin lymphoma or another form of cancer-related to Roundup exposure have between one to six years from the date of diagnosis to file a claim. However, statutes of limitations are state-specific and may vary depending on factors such as the date of diagnosis, the date of your loved one’s death, or when the link between Roundup exposure and cancer was discovered. 

Missing the filing deadline can result in being barred from recovering damages against the manufacturer. Since each state has its own statute of limitations (one to six years, but most often two to three years from the date of diagnosis), it is essential to work with an attorney as early in the process as possible. The statute of limitations may start from the date of diagnosis or from when the link between glyphosate exposure and cancer was discovered. In some cases, the statute may begin to toll once the link becomes widely known. 

There are limited exceptions that may pause the amount of time you have to file a case, including any waiting period for case consolidation into multidistrict litigation (MDL) or class action, or delays related to the progression of the case through the court system.

Average Payout for a Roundup Lawsuit

Settlement amounts in Roundup lawsuits are expected to vary substantially (from $5,000 to $250,000 or more) depending on the individual circumstances of the case. However, the average payout is anticipated to be around $150,000. Several factors may influence the settlement amount, including the severity of illness, level and duration of exposure, claimant’s age, medical expenses, earning capacity and loss of income, and provable pain and suffering.

Current litigation indicates that cases will be ranked into settlement tiers using a point-scoring system. Due to varying damages and degrees of severity, not all claimants will receive the same payout amount. An experienced Roundup lawyer can help determine the value of your claim based on the specifics of your case.

Contact a Roundup Lawyer Today

Were you diagnosed with non-Hodgkin lymphoma or another type of cancer after experiencing prolonged exposure to Roundup? You may be entitled to compensation for your medical bills, lost wages, and more. Contact King Law to schedule a free, no-obligation consultation. Our lawyers have extensive experience handling Roundup lawsuits and will work strategically to get you the compensation you deserve.

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