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What is Roundup? Roundup is the brand name of a broad-spectrum glyphosate-based herbicide manufactured by Monsanto (and acquired by Bayer in 2018). As of 2009, Roundup sales represented about 10 percent of Monsanto’s total revenues. The glyphosate molecule was developed and patented by Monsanto in the 70s, then marketed as Roundup, beginning in 1973. The glyphosate patent expired in 2000, therefore, other herbicides also use glyphosate in their herbicide formulas. As of January 2019, the sale, distribution, and use of Roundup 360 is banned in France.
What is Glyphosate? Glyphosate is an herbicide applied to the leaves of plants to kill certain grasses and broadleaf plants. Glyphosate is the most widely used herbicides in the United States, applied in agriculture, forestry, and on lawns and gardens. Glyphosate comes in different forms, including solids and liquids. Some 750 products currently contain glyphosate, including Monsanto’s Roundup. Glyphosate is considered a non-selective herbicide, meaning it will kill most plants by preventing them from making certain proteins needed for plant growth.
Does Roundup Cause Cancer? The answer to this question depends on who you ask. The International Agency for Research on Cancer has classified glyphosate as a “probable human carcinogen.” As the primary active ingredient in Roundup, it could be concluded that Roundup can cause certain cancers, particularly Roundup non-Hodgkin’s lymphoma. However, the link between cancer and Roundup is not simply about glyphosate. There are other toxic ingredients in Roundup, which work synergistically to increase the toxicity of the glyphosate.
Could Glyphosate Have Additional Adverse Health Risks When Combined with Other Roundup Ingredients? According to the U.S. National Toxicology Program, Roundup is “much more toxic” than isolated glyphosate. Roundup contains adjuvants and surfactants which are believed to increase the toxicity of the glyphosate, as they make the glyphosate more bioavailable—more able to penetrate plant and animal cells. In an internal Monsanto company document from 2003, a Monsanto scientist stated: “you cannot say that Roundup is not a carcinogen…we have not done the necessary testing on the formulation to make that statement.”
What Potentially Dangerous Side Effects Does Roundup Have? Exposure to Roundup has been linked to a number of illnesses and diseases, including Alzheimer’s, breast and brain cancers, kidney disease, depression, autism, heart disease, diabetes, birth defects, colitis, liver disease, Inflammatory Bowel Disease, infertility, ALS, MS, Parkinson’s, obesity, hypothyroidism, respiratory illnesses and reproductive issues.
Are There Studies Pointing to a Link Between Roundup and NHL? According to a Mother Jones article, while the EPA concluded glyphosate is not carcinogenic, several researchers who once served on a government panel to assess the safety of glyphosate released a new study which suggests those exposed to large amounts of Roundup have a higher risk for Roundup non-Hodgkin’s lymphoma. In fact, the team noted a “compelling link” between non-Hodgkin’s lymphoma and glyphosate exposure.
Are Farmers More Likely to Suffer Harm from Roundup Use? Farmers and others in the agricultural industry are more likely to suffer harm from Roundup use by virtue of the levels used. While homeowners might spray Roundup several times a year—and in much smaller quantities—farmers spray significantly larger quantities much more often. The more Roundup a person is exposed to, the more harm the person is likely to experience.
What Do the FDA, EPA, and IARC Say About Roundup? While the IARC considers Roundup a likely carcinogen, the EPA and FDA disagree. The EPA currently believes there is no risk to public health for those who use Roundup in the manner in which it is intended. The EPA sets the levels of glyphosate exposure which are “acceptable,” and the FDA then determines whether those levels have been exceeded. Many believe the EPA works much too closely with Monsanto, therefore, the agency’s determinations are less than valid.
Are There Roundup Verdicts? There have been three Roundup verdicts to date. The first Roundup verdict was in favor of plaintiff Dewayne Johnson, who was awarded $289 million by a San Francisco jury. The jury determined that exposure to Monsanto’s glyphosate-based Roundup was responsible for Johnson’s non-Hodgkin’s lymphoma. The trial judge lowered the damage award to $78 million. Monsanto and Bayer have appealed the decision, and Johnson is cross-appealing to have the full verdict reinstated. The next case, Hardeman v. Monsanto, was also decided in favor of the plaintiff, with the jury ordering Monsanto to pay $80 million in damages.
The last Monsanto lawsuit, Pilliod v. Monsanto, involved a husband and wife who claimed their cancers were a result of exposure to Roundup. A jury awarded the Pilliods more than $2 billion in damages. Monsanto and Bayer are appealing all the decisions. The next Monsanto Roundup trial is set for August 19th in St. Louis, involving plaintiff Sharlean Gordon, a cancer-stricken woman in her 50’s. The case was filed nearly two years ago on behalf of seventy-five plaintiffs. Gordon will be the first in that group to go to trial. There are currently more than 13,000 plaintiffs who have filed Monsanto Roundup lawsuits in the U.S., alleging their Roundup non-Hodgkin’s lymphoma was due to Roundup exposure.
Is There a Roundup MDL? While most of the Roundup cancer lawsuits are filed in state courts across the nation, others are consolidated in a federal multidistrict litigation (MDL) in Northern California. Multi-district litigation groups cases according to those with similar facts, allowing the cases to share discovery and be heard much more quickly than hearing one at a time.
What About a Roundup Class Action? In June 2017, six people from Wisconsin, New Jersey, Florida, California, Illinois, and New York filed a class action lawsuit against Monsanto which involved allegations that Monsanto falsely promoted Roundup products as interfering with an enzyme found in plants, but not in humans and animals. Since humans and animals have beneficial bacteria in their gut, which depends on the same enzyme targeted by Roundup, the claims by Monsanto were not true. The class action lawsuit was filed in the U.S. District Court for the Western District of Wisconsin.
Do I Have a Roundup Cancer Claim? If you used Roundup frequently and now have Roundup non-Hodgkin’s lymphoma or another type of Roundup Cancer, you could be eligible to file a Roundup cancer claim. The specifics of your Roundup exposure, as well as your specific type of cancer, will determine whether you have a valid Roundup cancer claim.
How Much Time Do I Have to File a Monsanto Roundup Lawsuit? A Monsanto Roundup lawsuit is a product liability claim, and, as such, is governed by statutes of limitations, which vary from state to state. In the state of Texas, product liability statutes of limitations are two years. There are also statutes of repose in Texas which specifies a window of time from the date a product is first sold. The statute of repose in Texas is 15 years.
What Damages Can I Expect in a Monsanto Roundup Lawsuit? As with any product liability claim, you could expect to be awarded reimbursement for your medical expenses, past, present, and future, pain and suffering, lost wages (current and future), and, depending on the evidence, punitive damages.
Is There Damning Evidence Against Monsanto in Prior Discovery? The Monsanto lawsuits which have already been tried contained some fairly damning evidence against Monsanto. Monsanto never conducted epidemiology studies for Roundup in an effort to evaluate the potential cancer risks, and the company was aware that the surfactants contained in Roundup were more toxic than the glyphosate on its own. Millions of dollars were spent by Monsanto on “covert” public relations campaigns to finance ghostwritten studies and articles whose sole goal was to discredit independent scientists whose work found Roundup to have certain dangers. Monsanto officials enjoyed a close relationship with EPA officials who have repeatedly backed Monsanto’s assertions regarding glyphosate’s safety.
Why is Sullo & Sullo the Best Law Firm to Handle My Monsanto Roundup Lawsuit? The Houston law firm of Sullo & Sullo has a long history of successfully handling product liability claims. If you have been exposed glyphosate, Roundup, or both, and have since developed Roundup non-Hodgkin’s lymphoma, you may be entitled to compensation from Monsanto and Bayer—the manufacturers of Roundup. At Sullo & Sullo, we welcome the opportunity to assist you. We will conduct a comprehensive evaluation of your injuries and the circumstances of your Roundup exposure, then help you decide whether a Monsanto Roundup lawsuit is right for you. Roundup weed killer can potentially cause many types of Roundup cancer, including non-Hodgkin’s lymphoma. The Sullo & Sullo Roundup lawyers will ensure your rights and your future are properly protected while building a case against Monsanto on your behalf.