Roundup Lawsuit
Most homeowners and gardeners are familiar with Roundup. The weed-killing spray might seem innocuous, but its active ingredient (glyphosate) has been found to be possibly carcinogenic, most commonly associated with non-Hodgkin’s lymphoma. There is also evidence that Roundup’s manufacturer knew about this risk and deliberately hid it from the public. Consequently, thousands of people are joining a mass lawsuit to hold Roundup’s manufacturers accountable.
If you or a loved one has been diagnosed with cancer after being exposed to Roundup, Garces, Grabler & LeBrocq is here for you. Please get in touch with us to schedule a free consultation.
What Is Roundup?
Roundup is an herbicide that’s manufactured by Monsanto, a company Bayer acquired in 2018. Roundup has been on the market since 1976, and it’s used in both industrial agriculture and in homes.
Because Roundup’s active ingredient glyphosate is known as a “non-selective” herbicide (or a “broad-spectrum herbicide”), it will kill almost any plant. It’s often used in agriculture to kill weeds that compete with crops for nutrients in the soil, but it’s also popular with farmers, gardeners, and homeowners.
You might wonder why a product that kills almost any plant is so common in agriculture. Bayer/Monsanto markets a variety of “Roundup Ready” seeds to farmers.
These seeds are genetically engineered to resist the active ingredients in Roundup. This means that a farmer can spray an entire field of Roundup Ready crops with Roundup, and only weeds will be killed.
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Why Is Roundup Potentially Harmful to Your Health?
Glyphosate first hit the market in 1974, but as time passed, some researchers began to suspect a link between glyphosate and cancer. In 2015, the World Health Organization declared it to be a “probable human carcinogen.” The International Agency for Research on Cancer (IARC) reached the same conclusion around the same time, adding that glyphosate primarily increased the risk of non-Hodgkin’s lymphoma.
Later, a 2019 study found that glyphosate exposure increased a person’s risk of developing non-Hodgkin’s lymphoma by up to 41%, backed up by another independent study in 2023.
Non-Hodgkin’s lymphoma is a type of cancer that begins in your lymphatic system. Your lymphatic system is a collection of organs and tissues that move fluid through the body, and it’s an essential part of your body’s infection fighting capabilities.
Fortunately, non-Hodgkin’s lymphoma has a high survival rate when compared to most cancers. Recent research suggests that about 55% of people diagnosed with non-Hodgkin’s lymphoma survive for 10 years or more after diagnosis.
However, it’s important to note that many different factors like age and overall health can impact long-term survival. There are also different types of the disease — and some are more dangerous than others.
Many early symptoms of non-Hodgkin’s lymphoma mimic the symptoms of less severe conditions, and only a qualified medical professional can give you a diagnosis. If you have been exposed to Roundup, it’s wise to consult your physician.
Who Is at Risk for Roundup-Related Cancer?
Glyphosate is the most common herbicide in the world, which means exposure to it can be hard to escape. Traces of it have even been found in the water supply.
Fortunately, exposure to Roundup doesn’t mean you will automatically get cancer. As is the case with most carcinogens, you usually need to be exposed to the chemical over a significant period of time to develop cancer. This means that the people most at risk for glyphosate-related cancer are those who routinely work with it, such as farmers, landscapers, and gardeners.
However, this risk extends to people who routinely use it for weed control at home. And because it’s so widely used, people who live near certain farms might inhale aerosolized particles of it.
Were You Impacted by Exposure to Roundup?
Unfortunately, many people living with NHL and other kinds of cancer aren’t aware that exposure to Roundup was the cause. If you have cancer and suspect it was caused by Roundup — or if you’ve lost a loved one to cancer that may have been caused by Roundup — you might be able to recover compensation.
Depending on your circumstances, you could join what’s known as a “mass tort” against Bayer/Monsanto. A mass tort is a lawsuit where many people allege that they have been harmed by a plaintiff’s single action. Those people may be located in different jurisdictions.
In the current mass tort against Bayer/Monsanto (MDL No. 2741), the single action taken by the plaintiff (Bayer/Monsanto) is the manufacturing and marketing of Roundup. To determine whether you’re eligible to join the mass tort, you can start by consulting a personal injury attorney. They will ask you questions like these:
- When was your exposure to Roundup?
- Did the exposure happen over a long period of time?
- What kind of cancer were you diagnosed with?
- When were you diagnosed?
- When did you learn of the possible connection between Roundup and cancer?
If you’re eligible, you might be able to join the existing mass tort. Because the tort has so many plaintiffs, you do not need to be present in the courtroom. If you do become part of the tort, your lawyer will be able to keep you updated on its progress.
Product Liability Claims in Roundup Lawsuits
Manufacturers of commercial products have an obligation to make sure they are safe for use by the general public. If a product isn’t safe and you suffer serious harm as a result, a personal injury lawyer may be able to recover compensation for you.
The Roundup lawsuit against Bayer/Monsanto is essentially a massive product liability claim. And just like with any other product liability claim, you may be able to be compensated for both your economic and non-economic losses.
Economic losses are quantifiable losses that you have suffered as a direct result of your injury. In the Roundup lawsuit, many plaintiffs are reporting economic losses like these:
- Medical bills
- Lost wages
- Loss of future earning potential
- Childcare costs
While they are less straightforward to calculate, non-economic losses are also usually factored into any settlement in a product liability case. These are some common examples:
- Loss of quality of life
- Physical pain
- Emotional pain and suffering
Sometimes, a court will award plaintiffs punitive damages — or damages intended to punish the defendants. Punitive damages are only awarded if the defendant’s actions were especially negligent or malicious. In many cases against Bayer/Monsanto, plaintiffs have been awarded millions in punitive damages.
This is for good reason. Investigations have uncovered that Bayer/Monsanto has been aware that Roundup was dangerous for years, but the company deliberately hid that fact.
For example, Monsanto ghostwrote false scientific studies stating that Roundup was safe and then paid scientific experts to defend those claims. And that’s just one of many deceptive practices surrounding Roundup that the company has engaged in.
Time Limit to File a Roundup Lawsuit
Because each state sets its own statutes of limitations, the time limit to file a lawsuit varies by state. Ordinarily, in New Jersey, you have two years from the date of your injury to file a personal injury lawsuit.
However, New Jersey also has a “discovery rule” that may extend the statute of limitations. This applies if a plaintiff doesn’t immediately discover their injuries. In the mass Roundup tort, the rule has been used to start the clock on the statute of limitations when a patient learns of the link between Roundup and cancer.
For example, imagine that you were a gardener for many years, and you regularly worked with Roundup and other herbicides. You were diagnosed with NHL in 2016, and you didn’t learn about the link between Roundup and cancer until 2022.
Ordinarily, you would only have until 2018 (two years after the date of your diagnosis) to file a lawsuit. However, because of the discovery rule, you may still have until 2024 (two years after discovering the Roundup/cancer link) to file.
However, many other factors can influence the statute of limitations in Roundup lawsuits. To determine whether you still have time to file a lawsuit, you should reach out to us to set up a free consultation immediately.
How Much Does It Cost to File a Roundup Lawsuit?
People tend to think that hiring an attorney is always expensive. Sadly, this means that numerous injured people never get the compensation they’re entitled to. When you work with a personal injury attorney, you pay absolutely nothing unless you win your case.
As a result, personal injury lawyers must be selective when it comes to the cases they accept. A lawyer will only take your case if they think there’s a good chance they can win it.
During your free consultation, an attorney will discuss your case with you in detail. If they decide to represent you and you win your case, the attorney is paid a percentage of the amount of money you recover. If they take your case and you lose, you pay nothing.
FAQs
What Types of Compensation Might I Be Entitled to Receive in NJ by Pursuing a Roundup Lawsuit?
The current mass tort against Bayer/Monsanto (and any other Roundup lawsuit) has one main goal. It seeks to compensate people for the suffering they’ve endured from developing Roundup-related cancer.
You might be eligible to receive compensation for your medical bills and the wages you lost due to your inability to work. You also may receive damages for the emotional pain and suffering that comes with having a cancer diagnosis.
Each case is a little different. As such, the best way to get an idea of what compensation you may be eligible for is to set up a consultation with a personal injury lawyer.
If the Evidence Linking Cancer to Roundup Use Is So Well-Established, Why Do I Need a Lawyer to Pursue My Right to Compensation?
Before you can be compensated for Roundup-related cancer, there are specific documents that need to be filed with the court. You also must provide proof that Roundup caused your cancer.
A lawyer will be able to make sure all necessary documents are filed correctly. They also know what types of evidence to include to convince the court that Roundup was the definitive cause of your cancer diagnosis.
In addition, one of the most important things a personal injury lawyer does is negotiate a settlement for you. There’s no pre-set amount of money that plaintiffs are entitled to.
Instead, your attorney must negotiate a settlement with Bayer/Monsanto’s insurance company. Personal injury lawyers understand the negotiation process and how it works, and they can almost always secure a larger settlement than you could get on your own.
Have You Been Harmed by Roundup? GGL Is Here for You
At Garces, Grabler & LeBrocq, we believe negligent companies that cause serious harm to consumers should be held accountable. This is especially true of organizations like Bayer/Monsanto that deliberately deceive people to make them think a dangerous chemical is perfectly safe.
If you’ve been diagnosed with cancer as a result of your exposure to Roundup, we want to hear from you. You can discuss your case with our attorneys, who will help you understand your options. If we choose to take your case, we will fight tirelessly for you to get the compensation you’re entitled to.
Give us a call at 800-923-3456 or send us a message through our online contact form to schedule your free consultation.
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