The main ingredient in the popular weed killer, Roundup, is glyphosate, the most widely used herbicide in the country. It is often sprayed on crops of corn, beans, and cotton while also being used by hundreds of thousands of homeowners to keep weeds down in their yards. Recently, however, glyphosate has recently been linked to cancer, leading to several areas in the United States restricting its use and some countries banning the substance altogether.
The discovery that Roundup may lead to cancer has led to many lawsuits filed by those who developed the disease after using the product. In early 2019, a 70-year old man was awarded $80 million in damages after he developed non-Hodgkin’s lymphoma which he said was caused by his 30-year use of Roundup on his 56-acre farm in California. According to the jury, Roundup was a substantial factor in his illness. A groundskeeper in California received a similar settlement in 2018.
In May 2020, Bayer reached a settlement that would resolve an estimated 125,000 lawsuits by those who claim Roundup caused their cancer. Bayer, which purchased Monsanto, the company that developed Roundup, in 2018, will cost the company $10 billion.
The lawsuits that agree to the settlement will receive amounts ranging from a few thousand dollars to a few million. However, not all attorneys are agreeing to the settlement which means Bayer may still face litigation. Some of the cases were filed in United States District Court which means Judge Vince Chhabria in San Francisco may need to approve the settlement.
Roundup Still Available
One of the terms of the settlement was that Roundup still be sold in the United States. No safety warning will be added to the label. Attorneys for the current plaintiffs must agree to stop taking new cases or advertising for new clients. However, Bayer has already begun backing out of some agreements due to losses caused by the COVID-19 pandemic.
This may lead attorneys to withdraw from the settlement and push their lawsuits forward. With the current settlement on the table, some attorneys say that their clients would receive a payment of as little as $5,000.
Odds of Winning Roundup Lawsuit
Your odds of winning a Roundup cancer lawsuit will depend on several factors. These include:
- Overall impact of the injury on your life
- Seriousness of your injury
Trustworthiness is based on how much a jury trusts that you are telling the truth. Your personality and likability will also have an impact on a jury award. It is also important to note that some geographic areas are known for being friendlier to plaintiffs than to defendants, so your location may also have an impact.
What Damages Can I Get?
One thing to keep in mind is that if a defective product you purchased had caused an injury an attorney can help you receive compensation. You may be able to get compensation for your economic losses which are actual costs you have incurred as a result of your illness. This may include both past and future medical expenses, past and future lost wages, services you can no longer perform due to your cancer and other actual costs.
You may also be eligible for non-economic losses. These are things that have no receipt or documentation. Non-economic losses include mental distress, loss of consortium, loss of quality of life as well as pain and suffering.
If you have been diagnosed with cancer after using Roundup, contact an attorney. Your lawyer will guide you through the process and help you get the compensation you are entitled to receive under the law.