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The World Health Organization's classification of glyphosate as a probable human carcinogen has led to an increased awareness of the dangers of this popular weed killer. If you or a family member has been diagnosed with cancer after using Roundup, you may be entitled to compensation.

Contact a North Dakota Roundup lawyer at the Schmidt & Clark law firm for a free consultation to discuss your legal options and get started on your case. Our experienced and determined personal injury attorneys will fight to get you the justice you deserve.

What Schmidt & Clark Will Do for You

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  • Our North Dakota Roundup attorneys have years of experience handling product liability claims. We will put this expertise to work for you to secure the justice you are owed.
  • We provide each client with individualized attention and care. Our lawyers will answer your questions and update you on significant developments in your case.
  • The complexity of litigation requires a team of talented attorneys. Our North Dakota Roundup attorneys will provide the most comprehensive representation possible to get the best possible outcome for your case.

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The Reported Dangers of Roundup

A man thinking while looking at a tabletRoundup is a popular herbicide that contains the active ingredient glyphosate. It is used in the agricultural industry because it will kill weeds and grasses that compete with crops.

Glyphosate was first introduced in 1974 by Monsanto. Since then, this compound has become the world’s most used weed killer by agricultural workers, landscapers, and home gardeners.

There are many reports of people becoming seriously ill after being exposed to glyphosate. The World Health Organization and its International Agency for Research on Cancer (IARC) have classified glyphosate as a "probable human carcinogen." 

Although the U.S. Environmental Protection Agency has only said Monsanto’s Roundup weed killer is “possibly carcinogenic”, the IARC's classification is based on evidence of carcinogenicity in humans for non-Hodgkin’s lymphoma. 

There are many other reported health risks associated with Roundup use, including an increased risk of birth defects, liver damage, and kidney disease. Other cancers are also associated with Roundup herbicide, like multiple myeloma, chronic lymphocytic leukemia, and B-cell lymphoma.

The evidence suggests that glyphosate is harmful to human health, though Monsanto continues to deny it. If you have been exposed to this toxic chemical, it is vital to seek medical attention so your doctor can monitor your health closely.

Qualifications for Lawsuits

To file lawsuits, you must meet three primary criteria: 

  1. You have been a Roundup user and suffered an injury due to that exposure. 
  2. Roundup was the cause of your injury. 
  3. Monsanto knew or should have known about the risks associated with their product and failed to adequately warn consumers.

Once you have decided to file a lawsuit in North Dakota, your attorney will begin collecting evidence to support your Roundup cancer claims. 

This evidence will include medical records detailing your diagnosis and treatment and records documenting your exposure to Roundup. If possible, your attorney will also get statements from witnesses who can attest to your use of glyphosate-based herbicides. 

After this evidence has been gathered, your law firm will file a complaint with the court and serve Monsanto with notice of the suit. 

Once this has been done, both sides will have an opportunity to request documents and information from the other party and take depositions of key witnesses. 

Once this is complete, either side may move to settle, or the case will go to trial. 

Statute of Limitations in North Dakota

A close up image of two people discussingThe statute of limitations is the legal deadline for filing a lawsuit. In North Dakota, the statute of limitations for personal injury lawsuits is six years from the injury [2]. This means that if Roundup weed killer injured you, you have six years from the date of your injury to file a lawsuit. 

However, there are some exceptions to this rule with lawsuits. For example, if you developed a cancer diagnosis after being exposed to glyphosate herbicides, you would have two years from the date of your diagnosis, rather than your exposure, to file a lawsuit. 

If you are considering filing a lawsuit, it is essential to speak with our North Dakota Roundup lawyers sooner rather than later.

Not only do you need to ensure that your claim is timely, but our free consultation and free case evaluation can aid you in navigating the complex legal process and maximize your chance of success. 

How Much Is Compensation in Lawsuits?

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Here are just a few of the things for which you could get financial compensation in lawsuits:

  • Medical Expenses. This can include the medical costs of surgery, hospitalization, doctor's visits, and prescription medications. You may also be able to receive compensation for future medical care.
  • Lost Wages and Earning Capacity. This type of compensation is intended to make up for the income you have lost due to your injuries. It can also help to cover the costs of training or education if you need it to return to the workforce. 
  • Pain and Suffering. These damages are often more difficult to quantify than medical bills and wages, so the court will consider factors like the severity of your injuries and the effect they have had on your life. 
  • Punitive Damages. Punitive damages punish the defendant and deter others from engaging in similar misconduct in the future.

"Bayer AG, after more than a year of talks, agreed to pay as much as $10.9 billion to settle close to 100,000 U.S. lawsuits claiming that its widely-used weedkiller Roundup caused cancer, resolving litigation that has pummeled the company's share price."
- Reuters

There have been some high-profile verdicts in lawsuits in recent years. In 2018, a jury in San Francisco awarded $289 million to a man who developed non-Hodgkin lymphoma after using Roundup weed killer for years.

The verdict included $39 million in compensatory damages and $250 million in punitive damages. 

In 2019, a federal court awarded more than $80 million to a man who developed non-Hodgkin lymphoma after using Roundup. Also in 2019, a jury awarded $2 billion to a couple who developed non-Hodgkin lymphoma after exposure to Roundup [2]. 

Of course, prior results do not guarantee a similar outcome. Let our lawyers evaluate your case during a free consultation.

Your North Dakota Roundup Lawyers

If you used Roundup weed killer and now have cancer, you may be entitled to receive money for your injuries. The amount you could get will depend on factors like the severity of your injuries and if you had long-term exposure to this product.

Contact an experienced product liability attorney from the Schmidt & Clark law firm today to learn more and receive a free case review.


References:

  1. https://www.findlaw.com/state/north-dakota-law/north-dakota-civil-statute-of-limitations-laws.html
  2. https://www.npr.org/2019/05/13/723056453/california-jury-awards-2-billion-to-couple-in-roundup-weed-killer-cancer-trial

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