Were you exposed to the herbicide known as Roundup? Have you since developed non-Hodgkin’s lymphoma or another type of cancer? Your cancer may have been caused by your exposure to certain chemicals in Roundup products.
Many Americans who alleged to have suffered cancer due to Roundup have received compensation through jury verdicts and settlements. Yet the makers of Roundup continue to vigorously argue that their products are not carcinogenic. Roundup weedkiller products are still widely available for sale.
If your cancer was caused by Roundup exposure, you could also be entitled to pursue financial compensation from the product’s manufacturers. This money could help cover costs of treatment, lost income, lost earning ability, pain and suffering, and more.
If you’ve been harmed due to exposure to Roundup products, you deserve to seek financial recovery and accountability. Talk to the skilled attorneys at Ryan Bisher Ryan & Simons today.
Call or contact us online today for a free Roundup lawsuit evaluation.
Roundup Lawsuits in Oklahoma
Over the past few years, thousands of lawsuits have been filed across the United States and in Oklahoma by individuals who claimed to have developed cancer due to their use of or exposure to Roundup products.
The first of these cases to go to trial took place in California, with a jury finding that the makers of Roundup failed to adequately warn the plaintiff of the risk that Roundup could cause cancer. The jury initially awarded the plaintiff $289 million, although that award was later reduced to about $20 million on appeal.
Two other cases reached trial in California, resulting in multimillion-dollar judgments. Thousands of other cases have been consolidated in state courts across the country.
Recently, Bayer, the company that purchased Roundup’s original manufacturer Monsanto, reached a nearly $11 billion settlement deal with numerous plaintiffs who had filed cancer lawsuits against the company. Despite these settlements, many other Roundup cancer lawsuits continue to move forward.
Ongoing Legal Challenges
Bayer has also sought to resolve future potential Roundup cancer claims through an additional $2 billion, four-year settlement deal, which would pay future plaintiffs who contract non-Hodgins lymphoma between approximately $5,000 to $200,000.
But multiple individuals who have not yet filed lawsuits have filed objections to the proposed settlement. These individuals and their attorneys argue that the settlement benefits Bayer/Monsanto, as individuals who may not yet be aware that they may have a Roundup cancer claim would become limited in the amount of compensation they could receive. They note that Bayer continues to sell Roundup products, meaning that people may continue to be exposed to the risk of developing cancer.
Although the settlement permits potential claimants to opt out of the settlement and pursue individual litigation, individuals may be required to opt out within 150 days of being notified of the class settlement. Otherwise, they’ll automatically become a part of the class. Those who do opt out may not be able to file a new lawsuit for four years.
Furthermore, the settlement bars all class members from seeking punitive damages. Juries in prior Roundup cancer trials have imposed significant punitive damages awards after finding that Monsanto/Bayer concealed information about the potential risks of cancer from Roundup exposure.
In addition to the significant objections to Bayer’s settlement efforts to head off future Roundup cancer litigation, Bayer has also been accused by plaintiffs’ attorneys of engaging in a “pay-to-appeal” scheme. The company is paying an individual plaintiff to appeal a decision to the Supreme Court. If the plaintiff decides not to move forward with the appeal, Bayer will impose a $100,000 penalty on him. If the plaintiff is successful with his appeal, that could potentially put millions of dollars of trial verdicts for plaintiffs in jeopardy.
Statute of Limitations for Roundup Lawsuits
Under Oklahoma’s statute of limitations, you typically have two years from the date you are injured by a dangerous or defective product, such as Roundup, to file a product liability lawsuit to recover compensation for your injuries and losses.
However, the statute of limitations period can be paused, or “tolled,” when a person does not initially know they have been injured or know facts that would indicate that someone may have been at fault for their injury. Even if you used or were exposed to Roundup years ago, a court may rule that the statute of limitations for your claim did not begin until you discovered your injury — namely, the development of cancer — and that your cancer was caused by exposure to the carcinogenic substances in Roundup.
If you wait until after the statute of limitations expires in your individual case to file a lawsuit against the makers of Roundup, you run the risk that Roundup’s manufacturers move to permanently dismiss your case from court, meaning that you might forever lose your right to seek compensation and accountability.
A knowledgeable Roundup cancer lawsuit attorney can review the details and circumstances of your case to determine how long you may have to file a lawsuit to seek financial compensation from those parties at fault for your cancer.
How to Prove Roundup Causes Cancer
Roundup has been linked to developing certain types of cancers, particularly non-Hodgkin’s lymphoma and hairy cell leukemia. Specifically, the World Health Organization has declared Roundup a “probable human carcinogen” due to the primary ingredient of glyphosate.
Individuals who are routinely exposed to or who routinely use Roundup face the greatest risks of developing cancer. Farmworkers and nursery or garden center workers face some of the highest risks.
Studies conducted in the early 2000s linked glyphosate exposure to non-Hodgkin’s lymphoma and other cancers by finding significant increases in cancer rates among persons with occupational exposure to glyphosate. Lab tests on animals and human tissue also found that glyphosate can cause damage to DNA that can lead to cancer.
The manufacturers of Roundup, Monsanto, and its parent company Bayer, have vigorously argued against the existence of a link between glyphosate and increased rates of non-Hodgkin’s lymphoma and other types of cancer. Their experts contend that studies finding a link between Roundup and cancer have cherry-picked data to reach that conclusion. The company also points to multiple declarations over the years by the U.S. Environmental Protection Agency that glyphosate did not represent a likely carcinogenic risk to humans.
Other victims of Roundup have proven to juries that the product causes cancer through the testimony of highly experienced and respected medical and scientific experts who have supported the findings that there is a link between the ingredients in Roundup and cancer in exposed individuals.
In pursuing a case, you will also need to show that you used or were exposed to Roundup. This can be done by providing receipts of purchased Roundup products or photographs of containers of Roundup products at your home or place of work. You may also gather documentation such as work orders or work protocols.
Monsanto and Bayer have tried to avoid liability in cancer lawsuits by arguing that plaintiffs failed to follow the instructions and warnings on the labels of Roundup products, such as by not following the proper ratios for mixing Roundup with water or by not wearing respiratory protection or protective clothing when applying Roundup products.
As a result, you may need to prove, either through testimony or documentary evidence, that you used Roundup products following the provided instructions and warnings.
Attorney for Roundup Cancer Claims in Oklahoma
You shouldn’t have to suffer due to a corporation’s wrongdoing. If you have developed cancer after using or being exposed to the weedkiller Roundup, put a proven Roundup lawsuit attorney from Ryan Bisher Ryan & Simons to work for you. Get a free consultation today by calling us, contacting us online, or through live chat.Get Started