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Roundup is a popular weed killer that has been linked to cancer. The active ingredient in Roundup, glyphosate, has been declared a “probable human carcinogen” by the World Health Organization.
An attorney from the Schmidt & Clark, LLP law firm can help you investigate your personal injury claims and file a lawsuit against the manufacturer if necessary. Compensation may be available for lost wages, medical expenses, pain and suffering, and more.
Contact us today to speak with a lawyer about your case. We offer an initial free consultation and work solely on a contingency fee basis, meaning we don’t get paid unless you do.
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Here Is How We Can Help
- If you or a loved one has been diagnosed with cancer after using Roundup, you may be entitled to compensation. Our law firm has an attorney-client relationship in Roundup cases nationwide, including in Kentucky.
- We have a successful track record of holding corporations accountable for their negligence. We will put our experience to work for you to secure the maximum possible compensation.
- Our firm is responsive to you and your needs. We know cancer recovery is a difficult time for you and your family, and we are ready to answer all of your questions and address your concerns throughout your case.
The Dangers of Glyphosate
Roundup is a herbicide that contains the active ingredient glyphosate. The product was first introduced in 1974 by Monsanto and quickly became the most popular weed killer on the market.
Although Monsanto continues to deny that there are problems with its product, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as a “probable human carcinogen” [1]. This classification was based on studies that found that glyphosate exposure is associated with an increased risk of non-Hodgkin’s lymphoma.
The Environmental Protection Agency has not declared Roundup causes cancer, but long-term exposure to Roundup has also been tied to other forms of blood cancers.
Some of these include:
The symptoms of these cancers include fatigue, nausea, weight loss, swollen lymph nodes, and more.
Glyphosate has also been associated with other serious health complications, including:
- Kidney disease
- Liver disease
- Reproductive problems
- Thyroid trouble
- Immune system disorders
If you or someone you love has been diagnosed with a disease after using Roundup, you may be entitled to compensation. Contact us for professional advice and a free case evaluation.
Related Article: Monsanto Roundup Lawsuit Update
Qualifying for a Lawsuit
To be eligible to file a lawsuit as a Kentucky resident, you must have been exposed to Roundup and later been diagnosed with a Roundup-related disease. Your suit will allege that Roundup’s main ingredient, glyphosate, is a carcinogen and that the company knew or should have known about the harms associated with its use.
In fact, evidence unsealed by the federal court overseeing class action lawsuits against Monsanto showed that the company knew that glyphosate-based herbicides were connected with non-Hodgkin’s lymphoma. However, they did not warn users though they had a duty to warn consumers.
You might be able to file a lawsuit even if you used the product years ago. This is because the latency period for some diseases, such as non-Hodgkin’s lymphoma, can be decades.
To win your lawsuit, you must prove that glyphosate exposure was a substantial factor in causing your disease. This will require presenting evidence to show that:
- You used Roundup as recommended by the manufacturer
- You developed cancer or another serious health complication after being exposed to Roundup
- There’s a connection between your cancer diagnosis and your Roundup exposure
Our experienced product liability attorneys represent agricultural workers, home gardeners, and other clients in litigation nationwide, including Kentucky residents. We offer a free consultation and have a successful track record of holding corporations accountable for their wrongdoing.
Kentucky’s Statute of Limitations
In Kentucky, you have one year from the date of your diagnosis to file a lawsuit [2]. This timeline is known as the statute of limitations. The court will likely bar you from recovery if you miss this deadline.
The statute of limitations is created to encourage the prompt filing of personal injury lawsuits. However, it can be challenging to meet this deadline when dealing with a non-Hodgkin’s lymphoma diagnosis and treatment.
That is why it is so necessary to have an attorney on your side who can help you navigate your way through the legal process and make sure that your rights are protected. Our firm will take care of all the legal details of your case so that you can focus on your health and your responsibilities.
However, because of the statute of limitations, you mustn’t delay seeking legal help. Contact us for a free case evaluation and learn more about your legal options.
“The Office of Environmental Health Hazard Assessment (OEHHA) has determined that glyphosate (CAS No. 1071-83-6) will be added to the list of chemicals known to the state to cause cancer”
– State of California
What Can I Receive From a Lawsuit?
If you are successful in your lawsuit, you may be able to recover damages for:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
- Loss of consortium
- Funeral expenses
These compensatory damages are designed to reimburse you for your disease’s financial losses and costs.
The amount that you may be awarded will depend on several particular facts, including:
- The severity of your injuries
- The extent of your medical expenses
- The impact that your disease has had on your ability to work and earn an income
In some cases, you may also be able to recover punitive damages. These are designed to punish the company for its negligence and recklessness and to deter future misconduct.
In the case of Monsanto, the company has lost a number of high-profile lawsuits and has been ordered to pay billions of dollars in damages. For example, in 2018, a California jury ordered Monsanto to pay $289 million in damages compensation to a worker who developed cancer after skin contact with the weed killer [3].
FAQs
What evidence is needed to support a Roundup lawsuit in Kentucky?
Evidence may include medical records showing your cancer diagnosis, proof of Roundup use (such as purchase receipts or product containers), and expert testimony linking glyphosate exposure to your cancer. Comprehensive documentation is essential for a strong case.
Can I file a lawsuit if I used Roundup and developed cancer?
Yes, individuals who used Roundup and subsequently developed non-Hodgkin lymphoma or another type of cancer can file lawsuits. Documenting your use of the product and your medical diagnosis is crucial for a strong case.
Is there a statute of limitations for filing a Roundup lawsuit in Kentucky?
Yes, Kentucky’s statute of limitations generally allows one year from the date of diagnosis or discovery of harm to file a lawsuit. Acting promptly is crucial to ensure your legal rights are protected.
Related Articles:
See all related product liability lawsuits our attorneys covered so far.
Get a Free Lawsuit Evaluation With Our Kentucky Roundup Attorneys
If you or a family member has been diagnosed with a disease such as cancer after using Roundup, you may be able to recover a significant amount in compensation. Your first step is to contact an experienced attorney to discuss your case and learn more about the legal process.
Schmidt & Clark, LLP law firm offers free case evaluations, and we never collect attorney fees unless we win. We have the resources and experience to take on a large corporation like Monsanto to the fullest extent permitted, and we will fight to get you the maximum possible fair compensation.
Contact us today to schedule your free consultation.
References:
- https://www.nytimes.com/2019/03/27/us/monstanto-roundup-california-verdict.html
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49037
- https://www.cbsnews.com/news/dewayne-johnson-monsanto-roundup-weed-killer-jury-award-today-2018-08-10/
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