For decades, Monsanto's—now Bayer's—Roundup has been connected to cases of Non-Hodgkin's Lymphoma and other illnesses. Thousands of health diagnoses have been linked to Roundup, especially in recent years. This popular weed killer has a key ingredient in it called glyphosate, a toxic substance and "probable human carcinogen," according to the WHO and IARC. When combined with certain inert ingredients, glyphosate's toxicity is amplified. Such is the case with Roundup. As a result, it's quickly becoming one of the most toxic popular weed killers.
If your cancer diagnosis or other illness is linked to Roundup, you're experiencing this reality first hand. If you've landed at this blog, chances are you're at least considering taking legal action. As a victim of Roundup Exposure, there are certain things you should know about the process and what you'll need to win your case. The first step is to secure an experienced lawyer. A lawyer will be able to help walk you through every step of your Roundup lawsuit and will do their absolute best to get you the compensation you deserve.
Let's examine the importance of the clarity of your diagnosis, product liability, the statute of limitations on this type of lawsuit, and what kinds of things you could receive compensation for in your case.
The Importance of a Diagnosis for Your Roundup Lawsuit
To win a Roundup Exposure lawsuit, you must have undeniable proof that Roundup caused your cancer or illness. This means you'll need to be able to provide:
- Medical records: Request a full copy of your medical records from your healthcare providers, as these will be used as proof.
- Purchase receipts for Roundup: This isn't always possible, but it helps your case if you have them! If your exposure results from your job on a farm, garden center, nursery, or similar, see if you can get some proof that they purchased and used Roundup.
- Evidence that you used the product: This could be proved through photos, the testimony of witnesses, etc.
Establishing the proof of your diagnosis and the extent to which you used Roundup can help your case in many ways. In many cases, it helps show the extent of economic damages and non-economic damages (i.e., pain and suffering) that occurred.
Statute of Limitations
Roundup lawsuits have been filed as Product Liability cases. These types of cases are meant to hold manufacturing companies accountable. Typically they are filed due to resulting injuries and illnesses that resulted from the use of specific defective or dangerous products.
In the case of Roundup, lawsuits can be filed as product liability or personal injury. A knowledgeable lawyer will be able to recommend which is right for you.
The statute of limitations on product liability cases is essential to note. Every state has different statutes of limitations on product liability cases, which puts a time limit on your ability to bring your case forward. Depending on your state, this hypothetical clock could start:
- With your last use of Roundup
- When you first discovered the connection between your illness and Roundup
- When you received a diagnosis
- When you first started experiencing symptoms or health issues
Typically, the statute of limitations on product liability cases is the same as personal injury lawsuits relating to products. That's not always the case, though, so it's important to talk with your lawyer about your unique situation.
Compensation in a Roundup Lawsuit
When you file a Roundup Exposure lawsuit, "damages" are determined. Damages is the legal term that refers to any losses that you suffered and is paid by the defendant (Monsanto/Bayer). The compensation you can recover is based on these damages as they are defined in your case.
Common categories include:
- Cost of past and future medical care: Any treatments, testing, health care, and costs accrued from monitoring your condition.
- Lost income: Taking time off from your job or being unable to work due to your health declining are considered economic damages.
- Diminished earning capacity: Many people living with cancer, in particular, find themselves unable to work. These lost wages due to a diminished earning capacity are considered economic damages.
- Pain and suffering: Physical and mental pain and suffering are considered non-economic damages that could be covered in your lawsuit. They're more challenging to assess because they don't have a direct price tag.
The best way to ensure you receive compensation for these types of damages is to mitigate them. In some cases, Monsanto/Bayer could argue that plaintiffs didn't receive medical care when they started experiencing health issues and exacerbated their illness. It's crucial, as the plaintiff, to be able to counter such arguments by proving you did your due diligence and mitigated the damages done to the best of your ability.
What You Can Expect from Serling and Abramson
Plaintiffs have come forward to hold Monsanto and Bayer accountable for their negligence and coverup of the harms their Roundup product can cause. There has been a combination of product liability lawsuits and personal injury lawsuits filed, most of which cite deadly injuries. Many of them have resulted in multi-million dollar settlements, with some in the billions.
These are complex cases that require years of expertise from lawyers you can trust. At Serling and Abramson, we always consider our clients' well-being first and foremost. We will take care of you every step of the process and will advocate on your behalf to the best of our ability.
Please fill out our free Roundup case evaluation to get the process started!