Craig Rosenbaum | May 4, 2020 | Products Liability

For the many farmworkers, landscapers, groundskeepers, and gardeners who used the herbicide ‘Roundup’ on a long-term basis, there may be an elevated risk of developing certain cancers. The idea of beginning a lawsuit against a major agrochemical company is a daunting prospect for those people in modest lines of work. Despite this apprehension, there are currently thousands of lawsuits claiming that Bayer AG’s general use weed spray, Roundup, is linked to a category of cancers. A number of state courts have ordered the chemical producer to pay damages to those people with cancer linked to the herbicide, though many of these outcomes still await appeals. The outcome of ongoing litigation could mean future compensation for those people affected by this product. 

Understanding the carcinogenic claims

Those cancer patients suffering from non-Hodgkin’s lymphoma may need to assess their long-term exposure to Roundup in its various compositions and uses. A cancer diagnosis, regardless of its form and cause, is a life-changing event. This current litigation presents many ethical questions regarding widespread chemical use and how profits can take precedence over human health for some companies. Here is what you should know regarding these emerging claims:

  • The active ingredient in Roundup, glyphosate, is the chemical being scrutinized the most concerning carcinogenic effects. 
  • The litigation against Bayer AG, centering around claims that Roundup causes cancer, includes over 42,000 plaintiffs. 
  • Given the length of time that a disease like non-Hodgkin’s lymphoma can present itself, there is a risk that many claims could be filed well after litigation is settled.
  • In order to settle a product liability case, companies often create a fund that will be used to distribute compensation to those parties who fulfill a certain criteria. If a company in a product liability case appeals a decision effectively, this may not be an option. 
  • The issue with Roundup is that non-Hodgkin’s lymphona doesn’t have a characteristic disease profile that can be easily tied back to the chemical and its carcinogenic pathways.

Working for the benefit of cancer patients

Even if Bayer wins a federal appeal during this litigation, states like New York could continue in this litigation barring Supreme Court intervention. Those who may be affected by this chemical must hold the product manufacturers accountable for their substances with potential human health impacts. If you have reason to think that you or your loved one’s cancer was caused by Roundup/glyphosate exposure, contact an attorney who works in product liability cases and personal injury to explore your options. 

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