The principal requirement for participation in a Roundup lawsuit is a verifiable diagnosis of non‑Hodgkin’s lymphoma or chronic lymphocytic leukemia. Additionally, you must be able to prove a personal history of using Roundup.
This blog entry provides information about what evidence you need to collect for participating in a Roundup lawsuit, should you be eligible to participate in one. Q&As include:
What is glyphosate
Is Roundup made by Monsanto or Bayer?
What is Non-Hodgkin’s lymphoma?
What is chronic lymphocytic leukemia?
What is the primary requirement for participating in a Roundup lawsuit?
How do you prove that you used Roundup at home or work?
How do you substantiate your extent of exposure to Roundup?
What are rules of evidence?
How much time do you have to file a Roundup claim?
What is a latency period?
What arguments are brought forward in a Roundup lawsuit?
What might disqualify you from having Roundup claim?
What does it mean to “settle a Roundup case?”
Have there been any Roundup lawsuit settlements or awards?
How much is the average Roundup lawsuit settlement per person?
What is Roundup?
Do you really need a Roundup lawsuit attorney?
Is there a difference between a “trial lawyer” and a Roundup cancer attorney?
What is the cost to hire a Roundup lawyer?
1. What is glyphosate?
Glyphosate is a chemical compound that works as a weed killer and is the most commonly used herbicide in the world (see source). It was developed in 1950 by a Swiss chemist who was trying to develop new pharmaceuticals. But it did not have much use as a human drug (see source). In the 1970s, chemists at Monsanto synthesized a form of glyphosate that was a highly efficient plant killer. So Monsanto patented and began selling its version of glyphosate under the trade name Roundup in 1974 (see source).
2. Is Roundup made by Monsanto or Bayer?
Even though the name appears in many court filings about Roundup, the business entity called "Monsanto" no longer exists. It was purchased and absorbed by the German chemical company Bayer in 2018, acquiring the company’s legal liabilities when they did so.
Although the name Monsanto has been dropped, Bayer has maintained previous Monsanto brand names, including Roundup.
3. What is Non-Hodgkin’s lymphoma?
Non-Hodgkin’s lymphoma is a type of cancer that begins in the lymphatic system, causing white blood cells to grow abnormally and create tumors throughout the body. Signs and symptoms of non-Hodgkin's lymphoma can include (see source):
Swollen lymph nodes in the neck, armpits, or groin
Abdominal pain or swelling
Chest pain, coughing, or trouble breathing
Persistent fatigue
Fever
Night sweats
Weight loss without trying
4. What is chronic lymphocytic leukemia?
This is a cancer of a person’s blood and bone marrow, the latter being the spongy tissue inside one’s bones that produces blood cells. It is called "chronic" because this leukemia usually progresses more slowly than other types, and "lymphocytic" because the disease affects one’s lymphocytes, which are the white blood cells that help your body fight infection. Symptoms can include (see source).
Weakness
Fatigue
Unwanted weight loss
Chills
Fever
Night sweats
Swollen lymph nodes
Pain or a sense of “fullness” caused by an enlarged spleen and/or liver, which can make one feel full after eating very little
5. What is the primary requirement for participating in a Roundup lawsuit?
You must have a verifiable diagnosis of either chronic lymphocytic leukemia (see Q.16) or non‑Hodgkin’s lymphoma (see Q.15) to participate in a Roundup lawsuit. You also must be able to prove that you have a personal history of using Roundup at home or work.
6. How do you prove that you used Roundup at home or work?
Proving that you used Roundup can be done with receipts, invoices from your lawn service, or partially-filled bottles that you still have on hand. If you used Roundup in your job, documenting how you did so (SOP) can strengthen your case.
Evidence that you provide about your use of Roundup can also help confirm the extent of your exposure. This is essential because those who have been exposed to Roundup every day for long time periods will obviously have a stronger claim than anyone who only had occasional or infrequent exposure.
7. How do you substantiate your extent of exposure to Roundup?
Cancers related to glyphosate, which is the active ingredient in Roundup, take a minimum of 24 months to develop. So, the court is going to consider the amount of time from when you first used Roundup to when you were first diagnosed with cancer. If that timespan is significantly less than 24 months, then it is unlikely your illness is legally attributable to Roundup.
Be mindful that there are rules of evidence about how you can document and present evidence linking your cancer to Roundup (see Q.4). Also, you must be careful to file your claim within your state’s deadline for doing so (see Q.5).
8. What are rules of evidence?
As the name suggests, these are the rules by which a court determines what evidence is admissible at trial. While there are federal rules of evidence, state courts have their own rules, which are generally imposed by state legislatures upon their state courts.
Rules of evidence concentrate first and foremost on relevancy to establish the admissibility of evidence. This means there must be some logical connection between the evidence you want to offer and what you are trying to prove (see source).
Your Roundup lawyer can advise you about what evidence to collect, as well as when, where, and how to do so, thus ensuring that your efforts strengthen your case.
9. How much time do you have to file a Roundup claim?
Remember that deadlines differ depending upon which state you reside, each having its own deadline for filing personal injury lawsuits, and your lawsuit will be dismissed if you fail to meet the arbitrary statute of limitations deadline.
As well, some states have special deadlines for certain kinds of product liability litigation, and Roundup might be one of them. Your Roundup attorney will know the deadline for filing a Roundup lawsuit where you live, and help ensure that you meet any and all deadlines.
10. What is a latency period?
If you are injured in—say—a car accident, your injuries are immediately obvious, and there is virtually no doubt about their cause. But with products such as Roundup, there is a time gap between one’s exposure to it and the consequent onset of health problems. In instances of non‑Hodgkin’s lymphoma or chronic lymphocytic leukemia, this time gap is called a latency period.
Because of such latency, the statute of limitations “clock" might not start running on the date of your last exposure to Roundup. Instead, under discovery rules, it might only begin ticking when you first realized that you were harmed by it, which can be either an initial diagnosis or when you first noticed symptoms.
If many years have passed since your last use of Roundup and the beginning of your illness, a "statute of repose" might come into play, effectively preventing you from bringing a case against Bayer.
Due to such complications, it is crucial that you consult with a Roundup cancer attorney no matter how long it has been since you last used Roundup.
11. What arguments are brought forward in a Roundup lawsuit?
After proving usage (see Q.2), there are a number of legal arguments your Roundup attorney might bring to bear upon your case. These might include:
Defective design. I.e., the design of Roundup was defective because it did not perform as safely as any reasonable buyer would assume, and that failure was a substantial factor in causing you harm.
Failure to warn. I.e., Roundup lacked appropriate warnings concerning the health risks associated with using it, which were knowable in light of the scientific knowledge that was generally accepted in the scientific community at the time of manufacture, distribution, and sale.
Negligent design. I.e., Monsanto was unreasonably careless and failed to meet its legal duty to buyers in designing Roundup.
Negligent failure to warn. I.e., Monsanto was unreasonably careless in its failure to warn consumers regarding risks associated with Roundup when used or misused in a reasonably foreseeable manner.
12. What might disqualify you from having Roundup claim?
Certain concerns can lower the amount you recover. For example, legally speaking, tobacco is a confounder. (i.e., using it can just as well be the reason for your cancer as is Roundup or anything else, so your settlement could be significantly lower than for those who never smoked.)
The use of immunosuppressants, prior radiation or chemotherapy treatments, diagnosed HIV/AIDS, exposure to Agent Orange, or repeated exposure to other carcinogens can also be considered confounders.
13. What does it mean to “settle a Roundup case?”
“Settling a Roundup case” means you agree to accept a certain sum of money from Bayer in return for dropping your action against them. If you settle your Roundup cancer claim rather than go to trial, you will have to sign a release absolving Bayer of any further liability.
Based on a realistic assessment of the chances that your particular claim will prevail, your Roundup cancer attorney will help you decide between a settlement offer or going to trial. However, your Roundup cancer lawyer will only advise you, as the decision whether to accept or reject a settlement offer from Bayer is yours alone.
After your Roundup lawsuit has been filed, you can still agree to a settlement before, during, or—so long as the jury has yet to reach a decision—even after a trial (see source).
14. 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. There are over 30 thousand suits still pending. This includes four thousand California cases that are in multidistrict litigation (MDL) (see source).
15. How much is the average Roundup lawsuit settlement per person?
Most settlement agreements are confidential. This makes getting details difficult. With that limitation, it is thought that individuals will see between $5,000 to $200,000 each, depending upon the particular case (see source).
16. What is Roundup?
Roundup is the brand name of the glyphosate-based herbicide originally produced by Monsanto—but now by Bayer. Glyphosate was developed by Monsanto nearly 50 years ago, and they patented and marketed the chemical as Roundup (see source). About ten percent of Monsanto's revenue came from sales of Roundup as of 2009 (see source).
17. Do you really need a Roundup lawsuit attorney?
Roundup lawsuit lawyers are personal injury lawyers or product liability attorneys who concentrate their practice on Roundup illnesses and similar tort litigation. So, they will have specific know-how regarding Roundup litigation that more “generalist” attorneys cannot reasonably provide.
As do all lawyers, personal injury and product liability lawyers begin their careers by pursuing a baccalaureate degree. Next, they earn a general law degree (JD), and must afterward pass their state’s bar exam.
The Multistate Professional Responsibility Examination (MPRE) is another milestone. Required in all states and U.S. jurisdictions except Wisconsin and Puerto Rico, it is designed to measure a lawyer's understanding of professional conduct regarding complicated issues like contempt, censure, or criminal wrongdoings.
18. Is there a difference between a “trial lawyer” and a Roundup lawsuit attorney?
There are different kinds of “trial lawyers.” Personal injury and product liability attorneys are two kinds. Roundup lawsuit lawyers are among them. So, sometimes people refer to Roundup attorneys as “trial lawyers.”
Nonetheless, no matter what you call them, personal injury and product liability attorneys are best qualified to represent your interests in a Roundup cancer lawsuit. One can guide you through the settlement process to ensure you realize fair and adequate compensation for the injuries and damages you have suffered due to Roundup.
19. What is the cost to hire a Roundup lawsuit 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 lawsuit 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.
And thank you for reading our blog!