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Roundup weed killer is the most widely-used herbicide in the world. It is applied by many homeowners and businesses to control weeds. However, recent studies have shown that Roundup may be linked to severe health problems, including cancer.

A West Virginia Roundup lawyer can help you investigate your claim and file a lawsuit against the manufacturer if necessary. If you or someone you love has been diagnosed with cancer after using Roundup, contact an attorney at the Schmidt & Clark law firm today for a free consultation and formal legal advice.

How Schmidt & Clark Can Help You

Lawyers having a discussion

  • The attorneys at our law offices have over 20 years of experience handling complex lawsuits. We have knowledge and resources that other firms do not, which allows us to get you the best possible settlement for your Roundup case.
  • We understand that you may face significant financial burdens due to your cancer diagnosis. We will do everything in our power to get you the money you need to cover your medical expenses and help you get your life back on track.
  • Our great lawyers are committed to providing each client with the special attention and care they deserve. We will answer your questions and update you on significant developments in your case as we pursue justice.

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The Science of Roundup

An image of a professional thinking in front of a computerThis product is a glyphosate-based herbicide used to kill weeds. Glyphosate is the active ingredient in Roundup that makes it effective. Roundup works to kill plants by inhibiting an enzyme that is essential for their growth.

Recent studies have shown that glyphosate may be linked to cancer. In 2015, the World Health Organization and its International Agency for Research on Cancer classified glyphosate as "probably carcinogenic to humans."

This analysis was based on studies that found an increased risk of white blood cell cancers like non-Hodgkin’s lymphoma in people exposed to this chemical. 

Additionally, animal studies have also shown that glyphosate can increase the risk of liver damage, kidney failure, and developmental problems. These health concerns have led many countries to ban or restrict the use of Roundup, although the U.S. Environmental Protection Agency has not. 

If you or someone you know has been diagnosed with cancer after Roundup use or exposure, you may be entitled to compensation. A personal injury attorney can help you understand your legal options and fight for the justice you deserve. 

Eligibility for a Lawsuit

Whenever someone is injured by glyphosate, they may be eligible for a lawsuit.

Those who have been diagnosed with non-Hodgkin's lymphoma after applying Roundup may be able to receive significant compensation for their pain and suffering, lost wages, medical costs, and more.

To be successful in this sort of lawsuit, you will need to prove three things:

  1. You were exposed to glyphosate while using it properly.
  2. Your exposure to glyphosate caused you to develop cancer.
  3. The manufacturer of Roundup knew or should have known that their product was dangerous and failed to warn consumers about the risks. 

The Schmidt & Clark law firm can help investigate your Roundup claims and build strong lawsuits against Monsanto. This will require evidence like medical records, work records, and more. 

One of our experienced West Virginia Roundup attorneys will be able to help you gather the documents you need to prove your case.

West Virginia Product Liability Statute of Limitations

A group of lawyers having a discussionIt is important to know that there is a statute of limitations for filing a product liability lawsuit in West Virginia. This means you will only have a certain amount of time to file your suit after a defective product like Roundup has injured you.

In West Virginia, the statute of limitations for filing a lawsuit is two years from the date of the injury [1]. Fortunately, you only need to file your lawsuit within two years of the date you were diagnosed with cancer, not two years from when you were exposed to Roundup.

The courts will likely bar you from recovery if you do not file your lawsuit within this time frame. This is why it is so critical to speak with a law firm as soon as possible if you believe you have a case. Contact one of our lawyers now for a free case evaluation.

What Will I Receive for My Injuries?

If a Roundup product harmed you, you might be eligible for various compensation.

This includes payment for economic damages such as:

  • Medical bills
  • Lost wages
  • Diminished earning capacity
  • Funeral expenses (if the exposure to Roundup resulted in death)

You also could get a payout for noneconomic damages such as: 

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life

Finally, you may receive punitive damages. These damages are not meant to repay you for your injuries but rather to punish the at-fault party and deter manufacturers from disregarding safety in a similar manner.

There have been some significant awards in lawsuits. In August 2018, a jury awarded $289 million at trial to Dewayne Johnson, a man who developed non-Hodgkin's lymphoma after being exposed to Roundup [2]. 

The jury found that Monsanto (the manufacturer of the popular weed killer) was liable for the man's injuries and ordered them to pay $39 million in compensatory damages and $250 million in punitive damages.

"Johnson's is the first of hundreds of cancer-patient cases against Monsanto and could be a bellwether of what lies ahead for the company.
- National Public Radio

While every case is different and there is no guarantee that you will receive a sizeable award, you should know there is potential for a significant payout if Roundup has harmed you. 

The amount of money you will receive for your injuries will depend on the severity of your injuries, the amount of monetary damages you have incurred, and other factors. 

Our attorneys will be able to evaluate your case and help you understand what you may be entitled to.

What Our West Virginia Roundup Attorneys Can Do for You

If you decide to file your lawsuit, you will be up against one of the largest companies in the world. This current owner of the Roundup brand has deep pockets and will fight tooth and nail to protect its profits. You will need a law firm with past experience on your side to level the playing field.

At Schmidt & Clark, LLP, our great lawyers have extensive experience handling complex Roundup cases. We have the resources and the skill to take on large corporations like Monsanto and fight for the compensation you deserve.

Call us today for a no-obligation, free consultation to discuss your case. We will review your claim, answer your questions, and help you understand your choices. You pay nothing until our lawyer wins your case or gets you a settlement.


References:

  1. http://www.wvlegislature.gov/wvcode/code.cfm?chap=55&art=2
  2. https://www.npr.org/2018/08/10/637722786/jury-awards-terminally-ill-man-289-million-in-lawsuit-against-monsanto

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