Monsanto, a well-known agrochemical giant was the first manufacturer to sell the glyphosate-based herbicide product 'Roundup' back in 1974. In 2015, the International Agency for Research on Cancer (IARC), a part of the WHO determined that glyphosate is 'probably carcinogenic to humans'. Further, studies revealed that the use of glyphosate-based weed killers was linked to the development of non-Hodgkin's lymphoma. While the company has been taken over by Bayer AG in 2018 and the formulation is also no-longer protected by patent, Roundup continues to be widely available to this day. Bayer never pulled Roundup off the market and repeatedly claims that it is safe and important for farmers using this herbicide in combination with genetically modified seeds provided by the company.
Over 18K Plaintiffs Filed their Claim Stating that Roundup Was the Cause of their Non-Hodgkin's Lymphoma
If you or your loved one developed non-Hodgkin's lymphoma after being exposed to Roundup, you are likely to have grounds for a claim against Monsanto. We have listed out a few pointers that help you decide whether your case has merit or not. Here are the factors influencing a Roundup claim:
- Proof regarding your use of the herbicide: You must be able to prove that you were exposed to glyphosate while using the herbicide product Roundup. This can be done by providing sufficient evidence that you used one of Monsanto's glyphosate-containing weed killers through submission of receipts, partially used bottles, landscaping invoices, and standard operating procedures if you had sprayed the weed killer at work.
- The extent of exposure: If you were exposed to Roundup continuously for several hours at a stretch for many years, you are likely to have a stronger claim against Monsanto than the claimants who just had scarce or infrequent exposure. The supporting evidence to prove the extent of exposure could be the same as those used to prove the usage of Roundup.
- Time elapsed between exposure and diagnosis: Lymphoma associated with glyphosate exposure takes at least two years to develop. This means that if you had used Roundup to get rid of the weeds in your driveway this week and you receive a diagnosis of cancer in the next week, you cannot link your diagnosis with your use of Roundup. In fact, the court will consider the latency period as the time passed between the time when you used Roundup for the first time and the date you received your diagnosis of non-Hodgkin's lymphoma.
- The proven link between glyphosate exposure and your diagnosis: Research should have established a causative link between your illness and glyphosate exposure. This is quite essential to have a favorable verdict or settlement in Roundup cases. Currently, non-Hodgkin's lymphoma is the only cancer that has been proven to be a result of glyphosate exposure.
- Existing risk-factors: If you already have co-existing variables that would have led to your diagnosis apart from Roundup exposure, it might be difficult to file a claim against Monsanto for your illness. Potential risk factors are:
- Use of tobacco
- Prior cancer treatment, radiation or chemotherapy
- Treatment with immunosuppressants
- Exposure to Agent Orange or other carcinogens
- A diagnosis of HIV/AIDS
Discussing Your Claim with a Roundup Herbicide Attorney
It is always beneficial to have a consultation with a Roundup attorney, who can help you find the most strategic method to proceed with your claim. At ELG, we have a dedicated team of lawyers that can very well understand your situation and represent you through each and every phase of the proceedings.