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Roundup Lawsuit Faqs Update

Updated: Oct 20, 2022

If you personally used Roundup to control the weeds growing on your residential property, you should familiarize yourself with these FAQs.

Homeowners who have lawns and gardens, used Roundup on them, and were subsequently diagnosed with non-Hodgkin’s lymphoma, are filing lawsuits against Bayer. They maintain that the company knew all along that Roundup can cause non‑Hodgkin’s lymphoma, chronic lymphocytic leukemia, and many other related illnesses, but chose not to warn customers.

This blog entry is made up of FAQs that can help you decide whether you have a Roundup claim, and how a Roundup lawsuit attorney can help you. They include:

  1. Are Roundup lawsuits filed against Monsanto or Bayer?

  2. Have there been any Roundup lawsuit settlements or awards?

  3. What is multidistrict litigation?

  4. Did the EPA really say that Roundup does not cause cancer?

  5. What is Roundup made of?

  6. How does Roundup work?

  7. Does Roundup cause cancer?

  8. Is Roundup more dangerous than glyphosate?

  9. Who can file a Roundup lawsuit?

  10. How long does it take for Roundup cancers to develop?

  11. Is there a statute of limitations for filing a Roundup cancer claim?

  12. What needs to be proved in a Roundup lawsuit?

  13. How might you be exposed to Roundup?

  14. Does Bayer/Monsanto still sell Roundup?

  15. What is the average settlement per person for a Roundup lawsuit?

  16. What cancers are associated with Roundup exposure?

  17. What is the cost to hire a Roundup lawyer?

1. Are Roundup lawsuits filed against Monsanto or Bayer?

The business entity known as "Monsanto" no longer exists, although the name appears in many court filings about Roundup.

Roundup is the brand name of the glyphosate-based herbicide originally produced by Monsanto, which was purchased and absorbed by the German chemical company Bayer in 2018.

Glyphosate was developed and patented by Monsanto in the 1970s, marketing it as Roundup. The name Monsanto is no longer used, but previous Monsanto brand names have been maintained, including Roundup. (see source).

Sales of Roundup herbicides represented about ten percent of Monsanto's revenue as of 2009 (see source). When Bayer purchased Monsanto, they also acquired the company’s legal liabilities.

2. Have there been any Roundup lawsuit settlements or awards?

As of September 2022, Monsanto has settled over 100 thousand Roundup lawsuits worth over $11 billion in total, and there are over 30 thousand suits still pending (see source). This includes four thousand California cases that are in multidistrict litigation (MDL) (see FAQ.3).

3. What is multidistrict litigation?

Different from class-action suits, multidistrict litigation (MDL) cases are grouped together. This way, instead of addressing the same issues repeatedly in separate lawsuits, the courts can resolve many of them in one fell swoop (see source).

More specifically, with MDLs, cases with analogous arguments and facts are joined and transferred to a single federal court. Doing so limits costs, fosters similar results, and promotes settlement discussions.

4. Did the EPA really say that Roundup does not cause cancer?

Yes. But consider:

  • In June 2022, the Ninth Circuit Court rendered a decision in a Roundup case that, in part, urged the EPA to reconsider its position that Roundup does not cause significant harm to the environment and people (see source).

  • Also in June, the U.S. Supreme Court formally declined to hear Bayer’s appeal that could have ended further Roundup claims (see source).

  • In July 2022, the 11th Circuit Court ruled that Bayer had failed to adequately warn people about the risk of cancer associated with Roundup (see source).

5. What is Roundup made of?

Roundup is an herbicide that kills broadleaf plants and grasses when applied to their leaves. Its active ingredient is glyphosate, first registered in the U.S. in 1974, and now one of the most widely used herbicides in the United States for homeowner lawns and gardens. It is also used for agriculture, forestry, and to control aquatic weeds.

6. How does Roundup work?

The active ingredient in Roundup (glyphosate) blocks a plant’s shikimic acid pathway, which is the metabolic route it uses for the biosynthesis of its folates and aromatic amino acids. This prevents the plant from producing certain proteins that it needs to grow. Glyphosate is a non-selective herbicide, i.e., it will kill most any plant.

7. Does Roundup cause cancer?

This is a decades-old question with a complicated answer.

Glyphosate is the active ingredient in Roundup. It is classified as carcinogenic by the International Agency for Research on Cancer, which is a division of the World Health Organization. In contrast, as of this writing, “the EPA continues to find that there are no risks of concern to human health when (Roundup) is used in accordance with its current label (see source).”

However, through trial discovery performed during the last few years, various Roundup court cases have shone a light upon a number of internal emails. In them, Monsanto scientists expressed knowledge and concern about the increasing evidence that Roundup is associated with cancer. Also, consider:

  • Evidence exists that Monsanto scientists discussed ghostwriting scientific literature that would deny Roundup toxicity.

  • Some trial evidence revealed that Monsanto was courting “friendly” EPA officials for support of Roundup.

  • There is evidence that secret payments were being made to groups like the American Council on Science and Health (ACSH) in order to promote Roundup safety.

So all told, there is credible evidence that Monsanto has known for a long time that Roundup is carcinogenic, but chose to ignore it because the herbicide is and was a cash cow.

8. Is Roundup more dangerous than glyphosate?

There is good evidence that glyphosate is dangerous in isolation, and that it might be more so in combination with other substances. Consider:

The US National Toxicology Program (NTP) examined herbicide formulations made with glyphosate in combination with other chemicals. So doing, researchers uncovered evidence that Roundup might be more toxic to human cells than its active ingredient—glyphosate—in isolation (see source).

This is because the other chemicals might increase the bioavailability of glyphosate, i.e., making it easier for it to be absorbed into one’s body.

9. Who can file a Roundup lawsuit?

To have a qualified Roundup claim, you must have a verifiable diagnosis of non‑Hodgkin’s lymphoma or chronic lymphocytic leukemia (see FAQ.16). Additionally, you must be able to prove a personal history of using Roundup at home or work. You can prove usage with:

  • Receipts for Roundup

  • Landscaping invoices from when Roundup was applied to your property

  • Partially-filled bottles of Roundup that you still have on hand

  • Signing an affidavit testifying to your using Roundup

If you used Roundup in your job, any documentation you can provide about the way you did so (SOP) can provide strong evidence of your exposure.

You will also have to substantiate the extent of your exposure. Those who have been exposed to Roundup every day over years will naturally have a stronger claim than people who only suffered occasional or infrequent exposure.

10. How long does it take for Roundup cancers to develop?

Minimally, cancers resulting from exposure to the active ingredient in Roundup (glyphosate) take 24 months to develop. Thereby, a court will consider the amount of time from when you first used Roundup to when you were first diagnosed with cancer. It is unlikely your illness can be legally attributed to Roundup if your first exposure to it was less than 24 months ago.

Bear in mind that there are legal parameters by which you can document and present evidence that links your non-Hodgkin’s lymphoma to Roundup; and you must make sure to file your claim within your state’s deadline for doing so, which are two reasons why it is important to retain a Roundup cancer attorney as soon as you can (see FAQ.11). He or she can guide you about what evidence to collect and how to do so, ensuring that it adds strength to your case.

11. Is there a statute of limitations for filing a Roundup cancer claim?

Yes. And your Roundup lawsuit will be dismissed if you fail to meet the statute of limitations deadline.

Be mindful that different states have differing deadlines for filing personal injury lawsuits, usually between two and four years from the date of injury. And some states might have special deadlines for certain kinds of product liability litigation. Roundup might be among them.

Your Roundup cancer attorney will advise you about the deadline requirements for filing a Roundup lawsuit in your particular state.

12. What needs to be proved in a Roundup lawsuit?

After you adequately prove usage (see FAQ.12), there are a number of legal arguments your Roundup cancer lawyer might use to advance your case. Among them:

  • Defective design. I.e., the design of Roundup was defective because it did not perform as safely as any reasonable customer would assume.

  • Failure to warn. I.e., Roundup lacked appropriate warnings concerning its health risks.

  • Negligent design. I.e., Monsanto was unduly careless and did not meet its legal duty to buyers in designing Roundup.

  • Negligent failure to warn. I.e., Monsanto was unduly careless by failing to warn people about the risks associated with Roundup.

13. How might you be exposed to Roundup?

You are exposed to Roundup if you get it on your skin, in your eyes, or inhale it as you are applying it. You even might ingest some Roundup if you eat or smoke after applying it without first thoroughly washing your hands.

The active ingredient in Roundup is glyphosate, which is low in toxicity in isolation, but products such as Roundup usually contain other ingredients that accelerate its absorption by a plant, making them more toxic than glyphosate alone. E.g. polyethoxylated tallow amine (POEA)(see FAQ.8).

Symptoms of inhaling glyphosate are nose and throat irritation. Symptoms of inadvertently swallowing it are increased saliva, mouth and throat burns, nausea, vomiting, and diarrhea. Intentional ingestion can be fatal. (However, these symptoms alone do not qualify you for a Roundup claim).

14. Does Bayer/Monsanto still sell Roundup?

Bayer is phasing out sales of Roundup for residential use starting in 2023 but it remains available for agricultural use. Nonetheless, some people are claiming to have developed cancer up to 15 years after being exposed to Roundup. Thus, Bayer will likely face litigation for more than a decade after it discontinues Roundup for the residential market (see source).

15. What is the average settlement per person for a Roundup lawsuit?

This is a difficult question because most settlement agreements are confidential, which makes getting details difficult-to-impossible. With that caveat, it is thought that individuals will see between $5,000 to $200,000 each, depending on any number of unknown factors (see source).

16. What cancers are associated with Roundup exposure?

Roundup exposure is implicated in two kinds of cancer (see source):

1. Non-Hodgkin's lymphoma starts in the lymphatic system, which is key to your body’s germ-fighting immune system. Lymphocytes (white blood cells) begin to grow abnormally, eventually forming tumors. There are many subtypes of Non-Hodgkin's lymphoma, such as diffuse large B-cell lymphoma and follicular lymphoma. Common symptoms of Non-Hodgkin's lymphoma include:

  • Enlarged lymph nodes

  • Swollen belly

  • Abdominal pain

  • Chest pain or pressure

  • Shortness of breath or cough

  • Fever

  • Weight loss

  • Anemia

  • Night sweats or chills

  • Chronic fatigue

  • Nausea or vomiting

  • Loss of appetite

  • Skin rash

  • Headaches

  • Difficulty with movement

2. Chronic lymphocytic leukemia. This is a cancer of the blood and bone marrow, the latter of the two is the spongy tissue inside people’s bones that produce blood cells. It is called “chronic” for progressing more slowly than other types of leukemia, and "lymphocytic" indicates the class of white blood cells the disease affects. Symptoms can include the following:

  • Chills

  • Enlarged spleen and/or liver, which can make one feel full after eating very little

  • Feeling tired

  • Fever

  • Night sweats

  • Swollen lymph nodes

  • Weakness

  • Weight loss

The outlook for people diagnosed with either non-Hodgkin's lymphoma or chronic lymphocytic leukemia has improved thanks to advances in diagnosis and treatment, which raises the importance that victims be adequately compensated, enabling them to pay for present and future treatment and be justly compensated for their pain and suffering.

17. What is the cost to hire a Roundup cancer lawyer?

Galindo Law does not charge any upfront or out-of-pocket fees. We are only paid a percentage of the compensation we are able to secure for you. By working with Galindo Law, you incur zero financial risk. So, anyone diagnosed with non‑Hodgkin’s lymphoma or chronic lymphocytic leukemia after exposure to Roundup should consider speaking with a Galindo Roundup attorney about filing a claim.

Remember that proper compensation for your present and future medical care, as well as for your pain and suffering, is your right. You are not asking for charity. You deserve to be adequately compensated for your loss.

Or, if you prefer, email us.

And thank you for reading our blog!

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