Roundup Mass Tort
If you or someone you know used Roundup and are now diagnosed with Non-Hodgkin’s Lymphoma or Leukemia, contact and speak with an attorney.
What is Roundup?
Roundup is an herbicide (weed killer) manufactured by Monsanto, which was purchased by Bayer in a massive deal in 2017, according to Scientific American. Roundup’s active ingredient is glyphosate, a chemical that is at the heart of the debate over Roundup’s safety. Roundup has been used across the country for more than 40 years.
Several organizations consider Roundup to be “probably carcinogenic to humans,” including the World Health Organization’s International Agency for Research on Cancer, according to The Lancet. Carcinogenic means capable of causing cancer. Other organizations, like the U.S. Environmental Protection Agency (EPA), classify it as likely non-carcinogenic.
How does Roundup work?
Roundup has an active ingredient called glyphosate which inhibits the enzyme EPSP synthase in plants. Without it, plants will not be able to produce the needed proteins to grow, thus turning yellow and dying within days or weeks.
Glyphosate is one of the most widely used herbicides in the US since its release in 1973. Glyphosate comes in both solid or liquid forms. It can cause irritation in the skin, eyes, nose, and throat. Swallowing glyphosate can cause increased salivation, mouth and throat burn, nausea, vomiting, and diarrhea.
Who is most at risk for Roundup Exposure?
- Professional Gardeners
- Landscapers
- Farmers
- Agricultural Workers
- Herbicide Applicators
- Groundskeepers
Though it seems to have the most dangerous effects from chronic use, Roundup may be dangerous for homeowners too.
How you can be Exposed to Roundup
Glyphosate is the active ingredient in Roundup and a host of other commercial herbicides. The plant-killing chemical is widely used in both homes for private use and for agricultural use. Unfortunately, this means that anyone can be exposed to the chemical. Exposure to Roundup or herbicides containing glyphosate can include:
- Breathing the air near a sprayed area
- Touching sprayed plants
- Drinking from a contaminated water supply
- Eating food grown in treated soil
It doesn’t matter if you live in a city, on a farm or in the suburbs, you are likely at risk for glyphosate exposure.
What Side Effects and Injuries Do Roundup Cause?
Cancer is the most serious side effect of prolonged exposure to Roundup. Non-Hodgkin lymphoma and leukemia are known to be the most common. Some 70,000 people in the United States are diagnosed with non-Hodgkin lymphoma annually. In 90 percent of the cases, the patients have B-Cell lymphoma while around ten percent have T-Cell lymphoma.
Symptoms include loss of appetite, swollen lymph nodes, stomach and chest pain, fever, and night sweats. If you used Roundup frequently and you’ve experienced these symptoms, see a doctor as soon as possible.
Landscapers, farmworkers, and nursery and garden center employees are most at risk. They can inhale the herbicide when mixing, spraying or cleaning up. Roundup can also harm people who eat or drink contaminated food or water.
Why is Roundup dangerous?
During the last decade, many studies showed that exposure to glyphosate is responsible for causing cancer, including a lethal form of leukemia (blood cancer) called non-Hodgkin’s lymphoma. The weed killer may also cause other forms of lymphoma as well.
Professional workers who are constantly exposed to this chemical, such as farmers, park employees, and gardeners have been never warned about this risk, and never knew they had to wear protection to avoid breathing it.
Residues of glyphosate can contaminate water and food, and reach dangerous levels in the human body. In 2016, The Alliance for Natural Health USA found high concentrations of this substance in breakfast cereals, eggs, and other common food products.
Is Roundup a Carcinogen?
Answers to this question vary. For example, research from the California Office of Environmental Health Hazard Assessment (OEHHA) identifies glyphosate, the active ingredient in Roundup, as a carcinogen that causes cancer. Conversely, the U.S. Environmental Protection Agency (EPA) states that glyphosate is not a carcinogen and does not pose a risk to public health.
So, Roundup may or may not increase your risk of developing some forms of cancer. However, if you or someone you love was diagnosed with cancer after exposure to the glyphosate in Roundup products, a Roundup lawyer from our law firm may be able to prove Roundup caused or contributed to your diagnosis and collect financial compensation for you.
What Is the Cancer-Causing Ingredient in Roundup?
The University of Washington’s Department of Environmental and Occupational Health Sciences (DEOHS) cites glyphosate as a cancer-causing ingredient in Roundup. Its research indicates that this ingredient in the weedkiller can increase the risk of some cancers. The department also believes glyphosate exposure significantly increases the risk (by as much as 41%) of developing non-Hodgkin’s lymphoma.
Does Roundup Really Cause Cancer?
While the EPA suggests that there’s no direct link, the International Agency for Research on Cancer’s stance is more in line with scientific evidence. A study from the University of Washington found that exposure to glyphosate increased an individual’s risk of non-Hodgkin’s lymphoma by 41%. That is significant.
The CDC recently released findings that up to 80% of Americans may have traces of Roundup in their urine, showing they have been exposed to it. Considering that 200 million pounds of Roundup are sprayed annually on U.S. crops, it is not surprising most of the population has been exposed to it.
If you have used Roundup even once, you could be at a higher risk of cancer. See your doctor regularly to watch out for symptoms.
What Types of Cancer does Roundup Cause?
According to the California Office of Environmental Health Hazard Assessment (OEHHA), glyphosate may cause or contribute to the following types of cancer:
- Breast cancer
- Thyroid cancer
- Liver cancer
- Bladder cancer
- Pancreatic cancer
- Kidney cancer
- Myeloid leukemia
There is additional research suggesting glyphosate exposure can lead to non-Hodgkin’s lymphoma, leukemia, and pediatric brain cancer.
Can Roundup Cause Hodgkin’s Lymphoma or Non-Hodgkin’s Lymphoma?
Scientific research does not point to Roundup causing Hodgkin’s lymphoma. Research does, however, establish a clear and compelling link between Roundup’s active ingredient, glyphosate, and non-Hodgkin’s lymphoma.
Roundup, currently owned by Bayer, is facing thousands of lawsuits across the country. Many of these lawsuits claim the herbicide caused their non-Hodgkin’s lymphoma. This cancer originates in the lymphatic system, a network of nodes that allow your body to fight disease. An overproduction of white blood cells forms tumors that surround the lymph nodes and create swelling.
What is non-Hodgkin lymphoma?
Non-Hodgkin lymphoma is a group of blood cancers that usually develop in your lymphatic system. They’re acquired genetic disorders. You’re not born with these disorders. Instead, they happen when genes inside certain cells mutate or change. In this case, the affected cells are B lymphocytes (B cells) or T lymphocytes (T cells) that are part of your immune system.
There are more than 70 types of non-Hodgkin lymphoma. People are living longer with these conditions thanks to new treatments, including targeted therapies. In some cases, treatments eliminate all non-Hodgkin lymphoma signs and symptoms and cure the condition. In other cases, the goal of the treatment is to put the disease into remission for as long as possible.
Symptoms of non-Hodgkin’s lymphoma include:
- Swelling lymph nodes in the neck, underarms, or groin
- Abdominal pain or swelling
- Chest pain, coughing, or shortness of breath
- Fatigue
- Fever or night sweats
- Weight loss
The largest signifier of NHL{ Non-Hodgkin Lymphoma} is swollen or enlarged lymph nodes. Lymph nodes in the neck, groin, underarms or above the collarbone may be visible or felt as lumps under the skin. However, they are usually not painful. While swollen lymph nodes are a common symptom of lymphoma, infections are the usual culprit. When infections are present, they are called reactive nodes or hyperplastic nodes.
Can Roundup Cause Leukemia?
The University of Washington’s Department of Environmental and Occupational Health Sciences (DEOHS) indicates that glyphosate can increase the risk of developing non-Hodgkin’s lymphoma—which may include chronic lymphocytic leukemia—by as much as 41%.
Leukemia is a fairly rare form of cancer, with under 200,000 new cases reported in the U.S. each year. The condition mainly affects children and teens. Leukemia is a cancer of early blood-forming cells. While it often affects the white blood cells, there are many different types of leukemia, including acute lymphoblastic leukemia, acute myeloid leukemia, and chronic lymphocytic leukemia.
Patients with slow-growing types of leukemia may not display symptoms. Fast-growing leukemia may cause symptoms including:
- Frequent infections
- Excessive bleeding
- Bruising easily
- Fatigue
- Weight loss
Treating Leukemia
Treatment is vastly different depending on which variation of leukemia a patient has. Your doctor may recommend monitoring slow-growing cancer or treating fast-growing cancer with chemotherapy, radiation, or a stem-cell transplant.
Pediatric Brain Cancer
A study published in BMC Public Health found that a review of evidence did not support concerns that glyphosate-based pesticides could pose risks to unborn children.
However, a study published in Environmental Health Perspectives found that unborn children could develop brain cancer if a parent was exposed to herbicides. The effects of exposure could even be as far-reaching as two years before their children were born.
Symptoms of pediatric brain cancer include:
- Feeling pressure in the head
- Frequent or severe headaches
- Sudden vision problems
- Hearing problems
- Trouble eating
- Vomiting
Treating This form of Cancer
The most common treatment for brain cancer in children is surgery. Your child’s surgeon may recommend removing a slow-growing brain tumor to alleviate pressure. Other treatments include radiation and chemotherapy for more aggressive forms of brain cancer.
Is Roundup Still Being Sold?
Roundup has not been subject to any widespread product recall, and for the time being it remains on store shelves nationwide (though Costco appears to have stopped carrying glyphosate products).
There’s been little in the way of changes to Roundup labeling, and no mention of cancer risk. California’s Office of Environmental Health Hazard Assessment listed glyphosate as cancer-causing in 2017, but in July 2020 a federal court judge in California prevented state officials from requiring that Roundup contain a prominent “Prop 65” safety warning. (Prop 65 warnings come from a 1986 state ballot initiative requiring California businesses to provide warnings to consumers about products that could bring significant exposure to chemicals that cause cancer and birth defects).
While there’s no mention of cancer risks, various iterations of Roundup warning labels have stated:
- anyone using the product must wear long sleeves, long pants, shoes, and socks
- avoid breathing vapor or spray mist
- wash hands immediately after using the product, and before eating, drinking, using the bathroom, chewing gum, or using tobacco
- remove clothing immediately if the product gets absorbed into the fabric, and wash thoroughly, and
- discard and do not reuse any clothing that has become drenched or soaked with the concentrated liquid.
In July 2021, Bayer announced that it will remove glyphosate-based Roundup from the consumer market in 2023. The German manufacturing giant hopes that the move will take some of the air out of its ballooning liability over the popular weed killing product. But what will a glyphosate-free Roundup look like? According to a statement from Bayer, new formulations will “rely on alternative active ingredients,” subject to review and approval from the U.S. Environmental Protection Agency (EPA) and state safety agencies.
Who can file a Roundup lawsuit?
Many believe that Roundup causes cancer. The World Health Organization has also classified it as a carcinogen. You could be concerned because you or a family member used the product. The following parties can file lawsuits against the makers of Roundup:
- Individuals. If you developed non-Hodgkin’s lymphoma or another ailment after Roundup exposure, you could file a lawsuit. While many claimants have filed individual lawsuits against Bayer and Monsanto, some partake in mass torts, which allow multiple claimants to file a unified case against an entity.
- Beneficiaries. If you lost a loved one to cancer due to Roundup exposure, you could file a lawsuit on behalf of a late loved one. Your eligibility largely depends on where you live; not all family members have the inherent ability to file wrongful death lawsuits.
- Estate representatives. If you’re a decedent’s personal representative, you can file a lawsuit on behalf of their loved ones. Again, this depends on where you live, and personal representatives aren’t necessarily family members.
Why file a lawsuit against Roundup?
Lawsuits against Monsanto indicate that the company has been aware of the links between Roundup and cancer for as many as 30 years. Monsanto incorrectly and intentionally claims that glyphosate (the active ingredient in Roundup) targets an enzyme found only in plants. Their claim is “false, misleading and deceptive.”
In 2018, Bayer inherited litigation brought against Monsanto when it purchased Monsanto. Bayer paid more than $10 billion to settle tens of thousands of lawsuits brought against Roundup in 2020.
The company has failed and continues to fail to warn users of the connection between their product and cancer going so far as creating fake information, attacking studies that link Roundup to cancer, and colluding with the EPA to disavow any connection between the two.
How Much Is a Roundup Case Worth?
Like all injury-related legal claims, the value of a Roundup lawsuit will depend on the plaintiff’s specific circumstances and experience, including:
- The details of your Roundup-related health problems, including diagnosis of the nature and extent of the illness, prognosis for ongoing treatment, and prospects for a full recovery
- The impact of your illness on your ability to work or otherwise earn income, now and in the future
- The effects of your illness and medical treatment on your daily life, including your ability to perform household chores, care for loved ones, enjoy activities and hobbies, etc.
- The extent of your physical pain and discomfort, and
any mental anguish, anxiety, sleeplessness, and other negative effects of your illness and medical treatment.
How Long Do I Have to File Roundup Lawsuits?
The time requirement (statute of limitations) to file a Roundup cancer lawsuit will depend on where you live and when you have been diagnosed with non-Hodgkins Lymphoma.
Were you or a family member diagnosed with either condition? If so, you should speak to a Roundup weed killer lawyer as soon as feasible so you can preserve your legal rights for compensatory damages by filing a Monsanto lawsuit.
Failure to comply with the applicable statute of limitations will forever bar your legal rights for recovery.
Did your family member die from complications after being exposed to Roundup? If so, you might also have grounds to file a wrongful death lawsuit.
Contact a Roundup lawyer at our law office today for a free consultation to determine how the law applies to your situation.
How Do I Prove I Have Used Roundup?
Documentation is the key for proving Roundup claims. Sales receipts that describe when you purchased Roundup and how much of the herbicide you bought are crucial for establishing a link between the development of cancer and applying Roundup to kill weeds and other types of vegetation. If you can not find any of the sales receipts for Roundup, you might be able to prove you used the herbicide if you present bank statements that itemize purchases at home improvement stores. If you applied the herbicide as part of your professional responsibilities, invoices and/or work orders can help you establish a link between your illness and the herbicide. Working with our team of personal injury lawyers can help you organize the documentation you need to prove you used Roundup at home and/or at work.
Can I Sue My Employer If I Used Roundup at Work?
Possibly. It’s important to explore all areas of potential liability, besides Bayer and Roundup. If your job duties included using Roundup or another product containing glyphosate, you may be able file a claim against your employer.
When your employer requires you to use Roundup, they must provide you with safety equipment. This could include face masks, gloves and other protective gear. If your employer hasn’t provided you with these items, or with any safety training, you could hold them liable for your cancer diagnosis.
This is a completely separate claim from the one you would make against Bayer, and it’s perfectly acceptable to file both. Be aware, however, that you cannot double dip. So if you get compensation from your employer for lost income, you won’t be able to get money from Bayer for the same reason. Keep in mind that if you file a workers’ compensation claim, you cannot separately sue your employer for damages.your lawsuit against Bayer may be restricted to your state court.
Who Is Eligible to File Roundup Claims?
To qualify for the filing of a personal injury lawsuit against Bayer/Monsanto, you must prove you have received a diagnosis of a type of cancer such as non-Hodgkin’s lymphoma. You also have to make the connection between the development of your cancer and exposure to the herbicide Roundup.
Attorneys for Bayer have argued in the past that using the herbicide or storing a bottle of it at home does not constitute legal cause to file a personal injury lawsuit against the company. This means you must demonstrate that you developed cancer symptoms because of prolonged exposure to Roundup. The definition of “prolong” has varied meanings for the different lawsuits filed against Bayer. Prolonged can be one year or it can span more than five years.
Receiving a cancer diagnosis goes right to the heart of the legal issues surrounding Roundup. The secondary legal issue involves proving that Bayer/Monsanto did not provide adequate warning to the users of Roundup, such as adding a label describing the possible physical consequences of using the herbicide.
If you can show you suffer from one or more of the symptoms that are associated with non-Hodgkin’s lymphoma, you might qualify for both economic and non-economic monetary damages.
How Much Do The Lawyers Get In The Roundup Lawsuit?
Roundup lawyers typically take between 33-40% of the total amount recovered in a personal injury lawsuit.
Contingency fee agreements may vary depending on the circumstances of each case.
The attorneys’ fees in a Roundup lawsuit will be contingent upon whether the case is resolved through settlement or trial.
If the case settles, the attorney’s fees will generally be a percentage of the total settlement amount.
If the case goes to trial, the roundup attorneys fees will be charged hourly.
You should discuss this with your attorney prior to signing any legal documents.
It is important that you understand all of the terms of your agreement before moving forward.
Who is most likely to be affected?
Those who have used or been exposed to Roundup extensively are most at risk for developing cancer related to Roundup. This may include:
- Farmers or Farm Workers
- Landscape Workers
- Nursery/Garden Center Employees
- People Who Regularly and Consistently Use Roundup
Is Roundup Safe To Use?
Roundup’s safety is still under debate. Bayer and the EPA claim that Roundup and glyphosate do not cause cancer. However, other research and personal accounts question the weed killer’s safety and suggest that sustained use could result in serious skin irritation and life-threatening conditions.
Those at the greatest risk of developing cancer are landscapers, gardeners and others who regularly sprayed Roundup over an extended period of time.
Who Can Sue Bayer?
Simply using Roundup or another of the 19 Monsanto-Bayer products with glyphosate isn’t enough to file a claim. You’ll need to have suffered an injury. In most Roundup cases, that’s a diagnosis for non-Hodgkin’s lymphoma. The cancer diagnosis will need to be linked to exposure to Roundup.
The specifics of your health problems will play a central role in your lawsuit. You’ll need to be ready to discuss details of your health, turn over medical records, and talk about personal aspects of your life.
Protect Yourself From Roundup Exposure
If you must use Roundup, it is absolutely critical that you use the proper protective gear.
Here is the thing, you must bare in mind that the negative effects of Roundup are not typically short term. Though some people may have an immediate allergic reaction, most of the alleged diseases caused by roundup happen slowly. With chronic long term use.
Protect yourself from Roundup Exposure by:
- Wear sturdy rubber gloves during use.
- Wear safety glasses with side view protection.
- Wear closed toed socks and shoes
- Wear long sleeve pants and shirts.
- If your sprayer is leaking be sure to fix it!
Roundup Cancer Lawsuit
Have you been sick from exposure to RoundUp? You might be owed compensation. Call a Roundup lawsuit attorney today for a FREE consultation.