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Roundup is a common and popular weed killer used by home gardeners and farmers alike. However, many people don't know that Roundup is reputed to be extremely dangerous. In fact, exposure to Roundup has been linked to an increased risk of cancer.
If you or someone you love has been diagnosed with cancer after using Roundup, you may deserve compensation. An experienced New York Roundup attorney from Schmidt & Clark, LLP, can provide a free consultation and help you understand your rights and options.
Why the Schmidt & Clark Law Firm
- Our experienced attorneys have represented clients in personal injury and product liability lawsuits for over 20 years. We have a proven track record of success, having recovered millions of dollars for our clients.
- Our "no recovery, no fee" policy means that we work on a contingency fee basis. This means we don't get paid unless we recover financial compensation for you. We offer free initial consultations to everyone.
- The Schmidt & Clark law firm has the experience and resources that you need to build a strong case against Monsanto. We currently represent clients in New York and are not afraid to take on big corporations.
Related Article: Monsanto Roundup Lawsuit Update
The Problem of Roundup
Roundup was first introduced to the agricultural community in 1974 by the Monsanto Company. It is now the most widely used herbicide in the world by farmers, landscapers, and agricultural workers. The active ingredient in Roundup is glyphosate, which will kill weeds and other plants.
Monsanto has long stated that glyphosate is safe for humans and animals. However, the International Agency for Research on Cancer (IARC), a research arm of the World Health Organization, classified glyphosate as a "probable human carcinogen" in 2015.
Since the IARC's report was released, several studies have found an increased risk of non-Hodgkin's lymphoma and other cancers in the white blood cells like B-cell lymphoma.
If you or a family member were diagnosed with non-Hodgkin’s lymphoma or other cancer after using Roundup’s active ingredient, you may be entitled to money for your medical expenses, lost wages, and pain and suffering. Our experienced personal injury lawyers can give you a free case evaluation and help you obtain the compensation you deserve.
Ways to Qualify for a Lawsuit
Anyone who has been diagnosed with cancer after using Roundup weed killer may be eligible to file a lawsuit. However, you must meet certain factors in order to win your case.
First, you should have used Roundup regularly and for an extended period. It is not enough simply to allege that Roundup was used in your vicinity; there must be evidence that you were directly exposed to the herbicide.
Second, it must be shown that the manufacturer of Roundup knew or should have known about the risks associated with their product but failed to warn consumers adequately. To prove this, it will be necessary to cite internal documents from the manufacturer that are in the public domain. An expert attorney can help you navigate this process.
You or your loved ones must have been injured from your exposure to Roundup. This means you could suffer from physical pain or emotional distress because of your diagnosis. It also could mean that you have incurred financial damages as a result of the disease, such as medical expenses, lost wages, or funeral expenses.
Finally, you must prove that Roundup exposure contributed to your developing non-Hodgkin’s lymphoma. Developing cancer after you were frequently exposed to the product can help show that Roundup caused your problem.
"The jury in Superior Court of California in San Francisco deliberated for three days before finding that Monsanto had failed to warn Mr. Johnson and other consumers of the cancer risks posed by its weedkillers."
- New York Times
The Statute of Limitations in New York
The statute of limitations is the timeframe in which you are legally allowed to file a lawsuit and varies from state to state.
In New York, the statute of limitations for personal injury lawsuits is three years from the date of injury [1]. This means that if you were injured by Roundup over three years ago, any lawsuits will probably be unsuccessfully filed.
However, it is essential to realize that your exposure to Roundup differs from your injury. That is because people develop cancer over years, even decades.
So, if you were exposed to Roundup many years ago but were only recently diagnosed with your cancer, you may still be eligible to file a lawsuit.
This is why it is so important to speak with an experienced attorney as soon as possible after your non-Hodgkin’s lymphoma diagnosis. An attorney from the legal team at Schmidt & Clark will give you a free case review and determine whether you are still within the statute of limitations.
How Much Should I Get in a Roundup Suit?
Two main types of damages may be available in a Roundup injury case: economic and non-economic damages. Economic damages are for things such as medical bills and lost wages.
Non-economic damages are more difficult for a jury to quantify but may encompass pain and suffering, loss of consortium, and emotional distress.
In some cases, punitive damages may be available in addition to compensatory damages. These damages are designed to punish the defendant and deter future misconduct. They are generally only awarded in cases where the defendant's conduct is found to be especially egregious.
There is evidence that Monsanto knew about the dangers of glyphosate, and yet Roundup remains on the market.
Because of this, Monsanto has lost several high-profile cases and has been ordered to pay punitive damages. In the first significant loss in a Roundup case, a California jury verdict directed Monsanto to pay $289 million in damages to a man who claimed that the company's Roundup herbicide caused his non-Hodgkin lymphoma [2]. Other cases have resulted in a similar outcome.
The amount of damages that may be available in a particular lawsuit will depend on the facts and circumstances of the individual case. Prior results do not guarantee Roundup’s manufacturer will have to pay you the same sum of the settlement.
But our attorneys can help you make the argument that your exposure to Roundup products and glyphosate-based herbicides increased your cancer risk and led to your need for medical attention.
Related Articles:
See all related product liability lawsuits our attorneys covered so far.
Talk to Our New York Roundup Lawyers
You may be eligible for deserved monetary compensation if you have developed cancer linked to Roundup. A Schmidt & Clark, LLP lawyer is here to help you understand your legal rights and options.
We have years of experience handling these types of cases for injured clients, and we are dedicated to getting our clients the best possible results. Don't wait—call our New York personal injury lawyers today for a free consultation.
References:
- https://nycourts.gov/COURTHELP/GoingToCourt/SOLchart.shtml
- https://www.nytimes.com/2018/08/10/business/monsanto-roundup-cancer-trial.htm
