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If you or someone you care about has recently been diagnosed with cancer after exposure to a widely used herbicide, you might be wondering what your next steps should be. The potential for compensation is accurate, and several legal cases have already resulted in significant awards for those affected.
The ongoing litigation processes associated with the Roundup MDL in federal court have seen new cases being added regularly, with the focus of litigation transitioning from federal to state courts over time.
With the growing number of lawsuits, could you or your loved ones also be entitled to recover damages? Exploring your options with experienced legal guidance might be a crucial first step.
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How We Can S&C Help With Your Claim?
S&C can guide you through the claims process and provide personalized legal support, ensuring you understand your options and the best path forward for your case. Whether you’re pursuing compensation or seeking justice, our team is here to stand by your side.
We can assist you in various ways:
- Our legal team is ready to assist with your claim regardless of location. We have successfully represented clients across Kansas and nationwide.
- With over 20 years of experience in mass tort cases, we are dedicated to securing the compensation you deserve.
- Our track record in Roundup cases shows our ability to take on major corporations, backed by the resources and expertise needed for even the most challenging litigation, including cases in venues like the St. Louis County Circuit Court.
Related Article: Monsanto Roundup Lawsuit Update
What Is the Effect of Roundup Weed Killer on People?
The effect of Roundup on people is linked to concerns about potential health risks, particularly the active ingredient glyphosate. In 2015, the World Health Organization International Agency for Research on Cancer classified glyphosate as a “probable human carcinogen,” meaning it could potentially cause cancer in humans.
However, the U.S. Environmental Protection Agency (EPA) has consistently found that glyphosate can be used safely and is not carcinogenic, supported by extensive scientific evidence.
This classification has raised alarms about its widespread use, especially by farmers, landscapers, and home gardeners. Some studies and legal cases have focused on its possible connection to non-Hodgkin lymphoma and other cancers, leading to numerous lawsuits against its manufacturer.
Glyphosate exposure has been linked to an increased risk of non-Hodgkin lymphoma and other blood cancers.
This cancer starts in the cells of the immune system and results in symptoms such as:
- Enlarged lymph nodes
- Chills
- Fever
- Night sweats
- Weight loss
- Itching
- Fatigue
Roundup weed killer is also linked to other cancers such as Chronic Lymphocytic Leukemia, multiple myeloma, B-cell lymphoma, and T-cell lymphoma. Further, glyphosate is associated with non-cancer diseases like liver disease, kidney damage, and reproductive problems.
Qualifying for Roundup Lawsuits
To be eligible to file a Roundup weed killer lawsuit in Kansas, you must have:
- Used Roundup regularly and followed the instructions.
- Been diagnosed with non-Hodgkin lymphoma or another Roundup-related cancer or disease after using this famous weed killer.
- Shows that Monsanto knew or should have known about the risks associated with Roundup weed killer but failed to warn consumers.
- Suffered damages due to your Roundup cancer diagnoses, such as medical bills, lost wages, or pain and suffering.
Courts have determined that state law failure-to-warn claims are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), allowing plaintiffs to argue that Bayer failed to inform users of health risks adequately.
Supreme Court Rulings and Updates
The Supreme Court has significantly influenced the ongoing Roundup litigation through several key decisions and rulings. In 2022, the Court chose not to review an $87 million verdict in favor of Alberta and Alva Pilliod, who developed cancer after using the herbicide. This decision upheld the substantial compensation awarded to the plaintiffs.
More recently, on September 12, 2024, a jury in the Young trial delivered a defense verdict in the Philadelphia Court of Common Pleas, ruling in favor of the defendant. These legal developments continue to shape the broader Roundup-related lawsuits across the country.
This decision was a significant setback for Bayer, which has been attempting to overturn several large verdicts. Additionally, the Supreme Court has ruled on the preemption of state laws by federal law, which has important implications for Roundup litigation.
These rulings underscore the complexity of the legal landscape surrounding Roundup and the challenges both plaintiffs and defendants face.
Filing a Roundup Lawsuit
If you or a loved one has been harmed after using Roundup weed killer, you may be eligible to file a lawsuit. To pursue a Roundup lawsuit, you must demonstrate that your use of Roundup caused your harm and that the manufacturer failed to warn you of the associated risks.
A Roundup lawsuit attorney can help you navigate this complex process, ensuring that you gather the necessary evidence and build a strong case.
What Is The Statute of Limitations in Kansas?
The statute of limitations in Kansas is two years from the date of your cancer diagnosis for filing a personal injury lawsuit. This means that if you were diagnosed with cancer and believe Roundup or any other harmful exposure caused it, you generally have two years to file your claim [1].
However, some exceptions may extend this time limit, such as if you were a minor at the time of your diagnosis or if your cancer was not discovered until after the two-year period had already passed.
If you believe you have a case but are unsure if you are within the statute of limitations, speak with an experienced attorney as soon as possible. This is because your ability to file the Roundup claim can be denied based solely on when you choose to file.
What Health Risks Does a Roundup Award Cover?
The health risks that a Roundup award covers include various forms of compensation for injuries you may have suffered. Each case is judged on its own merits.
This can include money for:
- Medical care, prescription drug costs, and future medical costs
- Fair compensation for lost wages
- Pain and suffering
- Loss of consortium
In addition to these compensatory damages, you may be able to win punitive damages if it is found that Monsanto acted with gross negligence in its failure to warn its customers about the cancer risk of Roundup weed killer. These punitive damages are designed to punish the company and deter future misconduct.
Since evidence has emerged linking Roundup to cancer, Monsanto has faced thousands of lawsuits from farm workers and people across the country. Some have resulted in enormous damages.
For example, in August 2018, a jury in San Francisco awarded $289 million to a man who developed non-Hodgkin’s lymphoma after decades of Roundup exposure. The jury found that Monsanto acted maliciously and recommended punitive and compensatory damages.
In March 2019, another California jury ordered Monsanto to pay $80 million to a man who developed non-Hodgkin’s lymphoma after being exposed to Roundup while working as a school groundskeeper.
The jury found that Monsanto had failed to warn consumers about the risks associated with Roundup and awarded $80 million in damages [2].
“The huge damages awarded in this case reflects that the jury shares our concerns. After this massive award, we expect to see even more awareness that Roundup is not as safe as advertised.”
– Kara Cook-Schultz, US Public Interest Research Group Education Fund
Past results afford no guarantee of future results to Kansas residents, it is apparent that significant awards are possible in lawsuits. If you have been diagnosed with cancer after using Roundup, contact our legal team today to discuss the financial compensation you may be entitled to.
Our experienced team of Kansas Roundup attorneys has represented clients who have been diagnosed with cancer after using Roundup. We will fight to get you everything you deserve, so contact us for a free case review and no-obligation consultation.
FAQs
What alternatives to Roundup are recommended for weed control?
Alternatives to Roundup include organic herbicides, manual weeding, mulching, using vinegar or salt-based solutions, and implementing integrated pest management strategies. These methods can reduce reliance on chemical herbicides and minimize health risks.
Can property owners be held liable for tenants’ exposure to Roundup?
Property owners might be held liable if they knowingly expose tenants to Roundup without proper warnings or safety measures. Liability depends on specific circumstances, including knowledge of the risks and failure to take appropriate actions.
How does the outcome of previous Roundup lawsuits influence new cases?
Previous Roundup lawsuit outcomes can set legal precedents, influence public and judicial opinions, and provide valuable insights into effective legal strategies. Successful cases may encourage more plaintiffs to file lawsuits and increase pressure on Monsanto.
Related Articles:
See all related product liability lawsuits our attorneys covered so far.
Make Us Your Kansas Roundup Law Firm
When you hire Schmidt & Clark, LLP for your lawsuit, you can be confident that your case is in good hands. Our lawyers have a proven track record of success in pursuing claims against large companies like Monsanto.
Our firm has extensive experience handling cases in significant legal venues like the Philadelphia Court of Common Pleas, showcasing the financial ramifications for Monsanto following these rulings.
We have the experience and resources necessary to take on these powerful interests and fight for the compensation you deserve. We do not back down from a fight and will not let Monsanto get away with harming our clients.
References:
- https://www.lenexalaw.com/wp-content/uploads/sites/219/2015/02/KS_Product_Liability_July_2007.pdf
- https://www.nytimes.com/2019/03/27/us/monstanto-roundup-california-verdict.html
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