The popular weed killer Roundup relies on glyphosate (an herbicide) in order to do its job effectively, but a potential link between glyphosate and serious health problems (including non-Hodgkin's lymphoma) has prompted the filing of thousands of lawsuits nationwide.
Roundup remains on store shelves, and Bayer (manufacturer of Roundup) is working on settling most existing claims, while planning ahead for future lawsuits. Let's look at the current legal landscape of these cases and some key issues to consider if you're thinking about bringing your own claim over Roundup-related illness.
If you think your non-Hodgkin's lymphoma or some other illness is linked to your use of Roundup, filing a lawsuit against Bayer could be an option. Here are three key threshold issues to keep in mind:
1. Your Roundup lawsuit will likely be based on a legal theory known as "product liability," which can be used to hold manufacturers like Bayer legally responsible for harm caused by products that pose an unexpected or unreasonable danger to consumers. Learn more about proving a product liability case.
2. Compliance with the statute of limitations can mean the difference between having "your day in court" or having your case dismissed. The statute of limitations is a law that sets a firm time limit on your right to file a lawsuit. Miss the filing deadline, and you'll likely lose your right to compensation for any Roundup-related illness. Depending on your state, the "clock" might not necessarily start running on the date you last used Roundup, but on the date you discovered (or should reasonably have discovered) that you were harmed by the product.
3. A clear diagnosis is crucial. A lawyer might not take your Roundup case— and Bayer probably won't take your claims seriously—unless you can show medical proof of an illness (like non-Hodgkin's lymphoma or another form of cancer) that could be linked to your use of the popular weedkiller.
Learn more about filing a lawsuit over cancer caused by Roundup.
A potentially big question at the outset of your case is how much you might expect to receive if your Roundup lawsuit reaches a settlement, or if you receive a court judgment in your favor.
Every case is unique, of course, but figuring out the value of a Roundup injury claim starts with a full understanding of the spectrum of your harm ("damages" in legalese), from the cost of medical treatment to the day-to-day "pain and suffering" caused by your illness.
Get details on how much a Roundup case might be worth.
If you think your health problems might be caused by your use of Roundup or another glyphosate product, it's important to understand your legal options, including how a recently-proposed $10.9B settlement—which could apply to both existing and future claims—might affect your rights.
You might not be bound by any class action created by the Roundup settlement agreement, but you may need to take action in order to preserve your right to bring your own individual case. An attorney can provide expert advice tailored to your situation. Get tips on finding the right lawyer for you and your case.