Roundup lawsuits take new turn after settlement

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Researcher: Ariana Arce​

Researcher: Ariana Arce​

a.arce@legalhelpadvisor.com

Journalist: Aaron Vivanco

Journalist: Aaron Vivanco

a.vivanco@legalhelpadvisor.com

Editor: Daniela Polo

Editor: Daniela Polo

d.polo@legalhelpadvisor.com

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Roundup lawsuits take new turn after settlement

Individuals with significant exposure to the herbicide Roundup have filed legal lawsuits against Monsanto and Bayer, alleging that the chemical led to the development of cancers, including non-Hodgkin lymphoma (NHL). Monsanto was acquired by Bayer in 2018.

Several scientific studies have examined the potential carcinogenic effects of glyphosate, linking it to an elevated risk for various cancers, such as NHL and leukemia.

Consequently, thousands of people are suing Bayer/Monsanto over its failure to warn users about the toxic effects of Roundup before their exposure to it.

As of today, approximately 80% of the plaintiffs in the Roundup cancer lawsuits have received their settlement checks. However, it is not too late to present new lawsuits. If you or someone you know has a history of cancer and thinks it is related to Roundup, contact us for free legal advice and to verify the eligibility of your claim.

What is going on with the Roundup cancer trials?

Currently, Monsanto has filed a request with the Eleventh Circuit to have the lawsuits regarding health risks associated with Roundup dismissed. Monsanto has argued that the federal pesticide labeling law takes precedence over the plaintiffs’ claims. Bayer persists.

John Carson Sr., a plaintiff, claimed that glyphosate-based weedkillers caused his cancer. The plaintiff’s case was initially dismissed; however, Bayer offered compensation for an appeal. The Circuit Court later reversed the decision, and the full Eleventh Circuit will now assess the case.

Monsanto used a law to allege that Carson’s claims are not allowed because local labeling regulations do not differ from federal law.

Nevertheless, the Roundup cancer lawsuits are slowly evolving in the court of St. Louis City even after the settlement of a group of plaintiffs.

A judge who previously declined to move a multiplaintiff Roundup cancer trial out of St. Louis submitted a brief to the Missouri Supreme Court stating that Monsanto’s campaign to relocate the trial is “absurd and disingenuous” and comparable to forum shopping.

The upcoming oral arguments on May 10 concern Judge Michael Mullen’s decision not to relocate the Roundup trial from St. Louis. The six plaintiffs in the case have alleged that their NHL was caused by their use of Roundup between 1980 and 1994, and they are holding the biotech and agricultural company responsible.

Are there favorable outcomes for the victims of Roundup cases?

In 2018, a jury determined that Dewayne Johnson’s cancer was linked to Monsanto’s Roundup weedkiller and that the company failed to provide adequate warning about the associated health hazards. The jury also concluded that Monsanto acted with malice or oppression.

After three days of deliberation, the jury at San Francisco’s Superior Court of California found that Monsanto did not provide sufficient warning to Johnson and other consumers regarding the potential cancer risks associated with its weed killers. The compensation awarded was $39 million, with an additional $250 million in punitive damages.

Roundup cancer trials are still being accepted

Roundup lawsuits are at a turning point for victims who claim that noncommercial use of the herbicide caused their NHLs. Bayer’s momentum has shifted, and they are now winning cases. However, Bayer only chooses cases they expect to win. This has caused lower expected settlement amounts for victims.

A new jury trial for a Roundup cancer case is ongoing in Missouri. The plaintiff, Sharlean Gordon, is a cancer patient who was diagnosed with NHL at age 39 years after being exposed to Roundup as a child. This sets Gordon apart from other Roundup plaintiffs who were older during the alleged exposure in their adult years.

Gordon cited several studies and evidence that suggest that glyphosate leads to a higher cancer risk, similar to other consumers. She also mentioned using Roundup with spray bottles alongside her stepfather during her childhood.

What is next for the Roundup cancer trials?

Several Roundup jury trials are scheduled to take place consecutively in various state courts across the country in the coming months. Following are the three cases currently on the docket:

  • The case of Lopez v. Monsanto is scheduled to be heard on June 5, 2023, in the Florida Circuit Court of Wade County.
  • The case of Moore v. Monsanto is scheduled to be heard on June 12, 2023, in the Missouri County Circuit Court.
  • There is a court case scheduled on June 26, 2023, in the California Superior Court of San Diego titled Johnson v. Monsanto.

Claims from multiple parties have been consolidated in the federal court system and are currently being prepared for remand to various federal district courts for trial under the jurisdiction of U.S. District Judge Vince Chhabria in the Northern District of California.

Can you provide evidence showing that the use of Roundup resulted in your cancer diagnosis?

Pursuing a claim against Roundup is complex. Thus, you will need legal experts on your side.

As a plaintiff in a Roundup lawsuit, you should provide evidence that links the herbicide to your cancer diagnosis. To demonstrate the herbicide’s defectiveness, you must gather proof. Consulting with a Roundup lawyer can assist you in understanding the necessary evidence for your case.

Before that, you can collect documentation that proves exposure to Roundup, such as purchase receipts, used containers, workplace protocols if exposed on the job, or invoices for landscaping services.

Consequently, those who were exposed to Roundup from Monsanto and developed certain illnesses or cancer may be eligible for compensation.

Remember, if you or a loved one has a history of cancer and suspects a connection to Roundup, you may pursue legal action. Contact us for a free legal consultation to determine your eligibility for a claim.