The first Roundup® lawsuit to go to trial resulted in a $289 million verdict for a former groundskeeper.
Courts throughout the United States have begun to recognize a right to financial compensation for serious medical conditions arising from the use of glyphosate-based weed killers. Thousands upon thousands of people have used glyphosate products like Roundup®, whether at home or at work, and whether for lawns, gardens, crops, weeds in industrial areas, or other uses.
People who developed cancer after years of significant use of herbicides like Roundup® can have viable legal claims. Family members of those who have passed away from cancer after such use may have claims, too.
Plaintiffs in cases across the country have established that their exposure to glyphosate from extended use of weed killers caused cancer, most notably non-Hodgkin’s lymphoma.
Contacting a lawyer as soon as reasonably possible after a diagnosis possibly tied to glyphosate can be critical to protecting the right to file a claim, as time limits can come into play.
A lawyer who has handled cases like yours will be able to inform you about the legal process and potential case timeline. Most civil cases settle before going to trial, but an experienced attorney will be able to explain the possible outcomes to the specific lawsuit that you might bring.
Any lawyer you decide to hire will want to collect as much information about your case as you can offer. Medical records will be high on the list.
In discussing your case, the lawyer will probably explain that you will not owe anything for representation if there isn’t a settlement or trial verdict in your favor. In other words, any payment for the attorney will come out of and be determined by the amount you ultimately receive.
Diagnosis & The Law
Non-Hodgkin’s lymphoma is the form of cancer most commonly tied to glyphosate-based weed killers like Roundup®.
According to the Mayo Clinic, diagnosing non-Hodgkin’s lymphoma typically involves:
One of the last phases of diagnosis is the assignment of a “stage” (stage I to stage IV) of the non-Hodgkin’s lymphoma’s progression, which helps determine prognosis and course of treatment.
Diagnosis is vital. An undiagnosed disease or an inaccurate diagnosis can obviously jeopardize the health of someone with a history of using Roundup® or a similar herbicide. And when a lawsuit is filed, a missing or unreliable diagnosis can make it much easier for the defense to argue that the plaintiff hasn’t proven that the health problems came from the use of the product.
Whether the disease at issue is non-Hodgkin’s lymphoma or something else, such as a form of leukemia, diagnosis is critical not only to a Roundup® user’s health but also the course of a potential lawsuit. Indeed, you should see a doctor at the first sign of any glyphosate-related health problems—for your health and for any potential lawsuit.
Diagnosis can be central to a weed-killer case in several ways, including as it relates to the statute of limitations. A statute of limitations is a law that sets a time limit on the right to file a lawsuit.
In cases involving herbicides, the point at which the person knew or should have known that the illness was related to glyphosate is typically when the statute-of-limitations clock starts. This point is often the date on which the plaintiff was diagnosed with non-Hodgkin’s lymphoma or another condition.
Consulting a lawyer as soon as reasonably possible is crucial to protecting the right to sue and determining whether any statute-of-limitations exceptions apply.
Diagnosis also goes straight to the nature and extent of a plaintiff’s losses, called ''damages.'' A glyphosate case almost always involves:
Some lawyers will arrange for health assessments for potential clients whose use of glyphosate-based products has been extensive. Other times attorneys will order medical records from the potential client’s doctor or hospital and send the material to medical experts for evaluation.
If you have a case and it gets to the point of a deposition or even trial, the defense will ask you about your health generally, your glyphosate-related health problems, your diagnosis, and your treatment. You don't need to prove that your diagnosis is correct or even understand the medical details; your lawyer will guide you and expert witnesses will address those subjects.