December 4, 2024

How to Know if You Have a Roundup Claim

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Legal Process
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Philip J. Goodman

Legally Reviewed and Fact Checked by: Philip J. Goodman , Of Counsel

Do You Have a Roundup Claim? Here’s What You Need to Know

If you’ve ever walked through a hardware store or nursery, you’ve probably seen Roundup on the shelves. This popular weed killer has been at the center of numerous lawsuits since 2015, when the World Health Organization (WHO) identified glyphosate, the main active ingredient in Roundup, as a potential human carcinogen. People exposed to glyphosate are at a higher risk of developing non-Hodgkin lymphoma, large diffuse B-cell lymphoma, chronic lymphocytic lymphoma, and other types of blood cancers.

If you’ve been diagnosed with one of these cancers after regular exposure to Roundup, you may be entitled to compensation. At Serling & Abramson, P.C., we help clients determine if they have a strong Roundup claim. Below is an in-depth guide on how to know if you have a valid Roundup claim and the factors that will affect your case.

The Current State of Roundup Lawsuits

Roundup lawsuits have been a significant part of U.S. litigation since 2015, when the World Health Organization (WHO) classified glyphosate—the active ingredient in Roundup—as a probable human carcinogen. Since then, tens of thousands of lawsuits have been filed against Monsanto (now owned by Bayer AG), alleging that long-term exposure to Roundup caused plaintiffs to develop non-Hodgkin lymphoma and other cancers. To date, Bayer has paid out over $11 billion in settlements and continues to face new claims. Courts have delivered both massive jury verdicts and structured settlements, signaling that the legal system acknowledges the serious health concerns tied to glyphosate exposure.

Factors Affecting Your Roundup Claim

Several key factors can influence the strength and outcome of a Roundup claim. These include the duration and frequency of your exposure to Roundup, the nature of your diagnosis (especially if it is a form of non-Hodgkin lymphoma), and whether you can provide documented evidence of use—such as purchase receipts or work history in agriculture or landscaping. The presence of other health conditions or known carcinogen exposures may also impact your case. Additionally, the ability to demonstrate Monsanto’s failure to provide adequate warnings about the risks of glyphosate significantly strengthens a legal argument.

  1. Did Monsanto Fail to Provide Adequate Warnings?

One of the major points of contention in Roundup lawsuits is whether Monsanto failed to warn consumers about the potential health risks associated with glyphosate. Many lawsuits allege that the company did not provide sufficient warnings about the risks of exposure to glyphosate and its connection to non-Hodgkin lymphoma and other cancers. Your Roundup claim will need to prove that Monsanto’s negligence or failure to warn directly contributed to your illness.

  1. Was Roundup’s Product Design Flawed?

Another important factor is whether the design of the product itself contributed to your illness. This is crucial in proving that glyphosate or other ingredients in Roundup were inherently dangerous. A strong Roundup lawsuit may argue that the product design or formulation contributed to your illness, especially when the active ingredient is known to be harmful.

  1. Can You Prove Exposure to Roundup?

To file a Roundup claim, you’ll need to present evidence of your exposure to the product. This can include invoices for landscaping services, store receipts showing Roundup purchases, or proof that you used Roundup weed killer regularly at work or home. The more detailed your evidence, the stronger your claim will be.

  1. How Long and How Frequently Were You Exposed?

The length and frequency of your exposure to Roundup are key factors. Long-term exposure is more compelling than occasional use. If you worked in an industry, such as agriculture, that required regular use of glyphosate, your case will be stronger. Employment records can help establish the frequency and duration of exposure.

  1. What Is the Latency Period Between Exposure and Diagnosis?

The latency period, or the time between exposure and diagnosis, is critical in Roundup claims. Studies suggest that non-Hodgkin lymphoma and other blood cancers linked to glyphosate exposure typically have a latency period of around two years. If your cancer diagnosis aligns with this latency period, your claim will be stronger.

  1. Did Roundup Cause or Contribute to Your Illness?

Our attorneys at Serling & Abramson, P.C. will gather scientific and medical evidence to support your claim. This may involve referencing studies linking glyphosate to non-Hodgkin lymphoma or other cancers. Showing a direct causal connection between Roundup exposure and your illness is vital.

  1. Do You Have Other Health Issues?

The fewer other health conditions you have, the better. Plaintiffs without pre-existing conditions, such as a smoking history or exposure to other carcinogens, will likely have stronger Roundup claims.

Non-Hodgkin Lymphoma (NHL)

Non-Hodgkin lymphoma (NHL) is a group of blood cancers that affect the lymphatic system and weaken the immune response. It includes subtypes like diffuse large B-cell lymphoma, follicular lymphoma, and mantle cell lymphoma. Multiple peer-reviewed studies have suggested a correlation between glyphosate exposure and an increased risk of developing NHL, particularly among those with occupational exposure, such as farmers, landscapers, and groundskeepers. If you have been diagnosed with NHL and have a history of Roundup use, you may have a strong basis for a legal claim.

Punitive and Compensatory Damages

In Roundup lawsuits, plaintiffs may pursue two types of damages: compensatory and punitive. Compensatory damages cover tangible and intangible losses, including medical expenses, lost wages, pain and suffering, and future care costs. Punitive damages, on the other hand, are awarded to punish the defendant—in this case, Monsanto/Bayer—for knowingly failing to warn consumers about the carcinogenic risks of glyphosate. Courts have awarded substantial punitive damages in high-profile cases where evidence showed the company acted with disregard for consumer safety.

Statute of Limitations

The statute of limitations is the legal deadline by which you must file a Roundup lawsuit. This period varies by state but generally starts from the date you were diagnosed with a glyphosate-related illness, such as non-Hodgkin lymphoma. In some jurisdictions, the statute of limitations may also consider when you first became aware that your illness could be linked to Roundup exposure. Missing this deadline can result in the loss of your right to seek compensation, so it’s essential to consult with an attorney as soon as possible after diagnosis.

Lymphocytic Leukemia and Medical Bills

Lymphocytic leukemia is another type of blood cancer linked to glyphosate exposure. In Roundup cancer lawsuits, plaintiffs may claim compensation to cover their medical bills for treatments, including chemotherapy and radiation. Medical evidence is necessary to demonstrate that glyphosate was a contributing factor in developing their illness.

Conclusion

Roundup lawsuits involve complex legal and medical considerations. Serling & Abramson, P.C. is experienced in handling Roundup cancer claims and can help you navigate the legal process, from gathering medical evidence to negotiating settlements. Contact our experienced Roundup lawyers for a free consultation to determine your eligibility for compensation.