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Latest Mass Tort Lawsuit News

Product Liability Injuries
Baby Formula Lawsuits
Baby Formula Lawsuits: Bellwether Trial Selection to Proceed in NEC MDL
A multidistrict litigation (MDL) action in U.S. District Court – Northern District of Illinois is seeking to hold two manufacturers of tainted baby formula accountable for damages related to necrotizing enterocolitis (NEC) in infants. As of September 2022, the court has started selecting cases for bellwether trials. These initial bellwether trials will give plaintiffs a… View Article
Bankruptcy
3M Seeks Bankruptcy Protections Amidst Combat Arms Case
Amid litigation against 3M for its defective Combat Arms earplugs, an Indianapolis bankruptcy court judge is considering whether 3M should receive bankruptcy protections. The U.S. District Court overseeing the multidistrict litigation (MDL), Judge M. Casey Rodgers, says she will not prevent the company from doing so. However, plaintiffs in the case have challenged the legitimacy… View Article
Amazon
FDA Warns Amazon to Act on Dangerous Products
In an August 9 warning letter, the U.S. Food & Drug Administration (FDA) informed Amazon that it had violated the Federal Food, Drug, and Cosmetic Act (FD&C Act) for selling non-FDA-approved drugs for interstate commerce. The FDA noted that Amazon, along with two other retailers, will need to respond within 15 days by showing a… View Article
paragard IUD
What Injuries Does the Paragard T 380A Cause?
The Paragard T 380A is an intrauterine device (IUD) used to prevent pregnancy in women for as long as 10 years. A medical professional inserts the device into the woman’s uterus. When a doctor attempts to take the device out of the woman, its T-shaped design can allow it to break. The remaining pieces of… View Article
Medical Devices
Recalls Sleep Devices
Philips Recalls More Sleep Apnea Devices for Serious Issues With Device Magnets
Philips Respironics issued a product recall in September 2022 that could affect more than 17 million masks used with CPAP and Bilevel PAP, BiPAP, or BPAP devices. The recall describes a problem with the magnets in the devices’ masks, which can interfere with the proper functioning of certain medical implants in the user’s body. These… View Article
paragard IUD
What Injuries Does the Paragard T 380A Cause?
The Paragard T 380A is an intrauterine device (IUD) used to prevent pregnancy in women for as long as 10 years. A medical professional inserts the device into the woman’s uterus. When a doctor attempts to take the device out of the woman, its T-shaped design can allow it to break. The remaining pieces of… View Article
paragard lawsuit lawyer
A Simple Guide to Paragard Lawsuits and Settlements
More women continue to sustain injuries from the Paragard intrauterine device (IUD), and more women are talking to attorneys about their options for joining a Paragard lawsuit. So far, no settlements have been made – however, that doesn’t mean settlements won’t start occurring in the near future.    Women who sustained injuries from a Paragard… View Article
ParaGard lawsuit
Where Are the Paragard Lawsuits Being Filed?
Paragard multidistrict litigation (MDL) is currently underway in the Northern District of Georgia. If you suffered preventable injuries or required additional surgery to remove a Paragard intrauterine device (IUD), you may be able to file a lawsuit in your jurisdiction. Then you can join Re: Paragard IUD Products Liability Litigation, also known as MDL-2974.  … View Article
Prescription Drug Injuries
truvada lawsuit
How Much Can You Get From Truvada Lawsuit
The amount you can get in a Truvada lawsuit depends on various factors, including the severity of your case and the likelihood that you’ll win. However, some general rules can help give you an idea of how much you might be able to recover if your case is successful.   First, it’s important to remember… View Article
Truvada lawsuit lawyers
How Are Damages Calculated in a Truvada Case?
The damages in a lawsuit can be tricky to calculate. They include both actual and punitive damages, but the monetary payout isn’t always the same. Mostly, you need the financial figures behind your case to receive an appropriate Truvada lawsuit payout.   A lawyer can calculate damages based on your claims and documents — how… View Article
truvada lawsuit
What Are the Long-Term Side Effects of Truvada?
Truvada is a medication the FDA has approved for the treatment of HIV/AIDS. It’s taken once a day and helps prevent the virus from replicating in your body. However, this medication has been associated with some health challenges.    While Truvada is safe for most people, it can cause side effects for some. It has… View Article
opioids
Opioid Lawsuits: Trial Begins as West Virginia Seeks to Hold Drug-Makers Accountable
On April 4, 2002, the state of West Virginia began its trial against three major opioid manufacturers—Johnson & Johnson (J&J), Teva Pharmaceuticals, and AbbVie Inc.—over the drug-makers’ role in fueling the state’s opioid crisis.   In early 2022, 46 U.S. states settled with opioid drug-makers and wholesalers in a landmark $26 billion settlement, but West Virginia… View Article

All About
Mass Torts

The go to platform to stay informed

A mass tort is a civil lawsuit consisting of many plaintiffs and a single or few defendants. Mass torts often arise when a consumer product, pharmaceutical drug, or medical device causes harm to a lot of people.

Mass tort lawsuits combine what would otherwise be individual torts, allowing the group of plaintiffs to share resources so they can collectively meet their burden to prove a defendant’s liability.

Each plaintiff recovers compensation for their individual damages, unlike a class action that assigns each class member.

Frequently Asked Questions
What is a mass tort case?
A mass tort case is a legal action in which one act or omission causes injury or harm to multiple individuals. This type of case groups individual lawsuits in which plaintiffs accuse a common defendant of the same wrongful action.  Mass tort cases often prompt either multidistrict litigation or mass tort class action lawsuits. In the latter, a class representative supports an entire class of people who suffered injury or harm from the defendant’s actions or omissions. The action is heard in federal court as a single lawsuit.
How long do mass tort cases take?
Each mass tort case is unique. So, the timeline from start to settlement or court award differs, depending on the facts and circumstances of the case. That said, all mass tort cases comprise multiple time-intensive processes, including:
  • Interviewing plaintiffs
  • Discovery, which involves plaintiffs and defendants sharing evidence
  • Choosing specific cases for bellwether trials
Factors that influence the overall timeline of a mass tort case include:
  • Accessibility of expert witnesses for deposition; the time it takes to interview each plaintiff, which can involve extensive travel
  • Gathering and analyzing evidence
  • The defendant’s cooperation in offering a reasonable settlement
How does a mass tort work?
The general process for mass torts is:
  • Study the claims: Attorneys interview each plaintiff, review medical records, and collect evidence.
  • Build the case structure: Attorneys look for injury consistencies, flagging injury similarities across the spectrum of cases.
  • File a multidistrict litigation (MDL) claim: The cases move as a group to a federal court for discovery and pretrial hearings. 
  • Initiate bellwether trials: The MDL judge selects several cases for a “test” trial. The outcome helps attorneys refine their strategies and consider settlement options.
  • Negotiate settlements: If this step ends in a stalemate, the case goes back to the originating court for trial.
What is the difference between mass tort and class action?
Both mass tort lawsuits and class action lawsuits involve large groups of plaintiffs who share similar grievances with the defendants. However, a mass tort case treats each case as an independent lawsuit, with each plaintiff’s evidence of negligence, injuries, and losses standing on its own merits.  On the other hand, a class action treats all the cases as a single legal action. A class representative supports all members of the class—all of whom constitute a single plaintiff. A class action is one claim for multiple individuals, and an MDL is multiple lawsuits for multiple individuals.
Are mass torts the same as multidistrict litigation?
Mass tort” refers to a type of injury. MDL is a step in compensating a victim of a mass tort. The sheer volume of similar complaints against a defendant makes it more efficient to consolidate discovery and pretrial hearings in an MDL. This consolidation saves time and resources for all parties, while ensuring that all the mass tort cases share consistent rulings.  All the mass tort cases transfer to a federal court where a judge manages proceedings and encourages parties to resolve the case. Cases that do not settle return to their original courts and go to trial as independent lawsuits.
How are rewards distributed in a mass tort claim?
The facts of each plaintiff’s case are evaluated based on factors like causation, injuries, and damages. When a settlement offer manifests, each plaintiff decides if they want to accept the offer. The settlement is not split amongst the individual plaintiffs.  This distribution of compensation differs from that of a class action lawsuit. The defendant may offer a large settlement in class actions, but the amount is shared equally among all the class members.  Because mass tort cases weigh each plaintiff’s case and circumstances individually, this type of legal action tends to reward plaintiffs more fairly, according to their respective damages.
Why should I file a mass tort?
If you suffered an injury, illness, or other harm because of the negligence of another party—and many other people share a similar experience with the negligent party—you could benefit from filing a mass tort claim If your claim settles or you receive an award at trial, you stand to collect compensation that covers the breadth of losses you have suffered. The efficiency of an MDL means you could receive compensation much sooner than with a typical personal injury case.  Furthermore, a substantial weight of evidence comes together during a consolidated discovery to establish the defendant’s negligence.
Who can join a mass tort lawsuit?
Any person whose injury details are relevant to a mass tort lawsuit could join the lawsuit. The legal team connected to the mass tort case interviews people who might be candidates for the mass tort lawsuit. Each potential plaintiff shares with the investigating team how their case connects to the mass tort. They must support their claims with evidence, including medical records that show injuries or harm.  How the defendant’s actions or omissions caused the injuries or harm must also align with causation in the mass tort lawsuit.
How are mass torts resolved?
The defendant in a mass tort case needs it to be resolved somehow or another. To leave a mass tort unresolved—especially given a high volume of claims—is to risk the defendant’s viability as a company. Resolution can come in the form of a jury verdict, a settlement, or the case’s dismissal.  Most courts encourage plaintiffs and defendants to try to resolve a mass tort out of court. In many cases, this leads to a settlement agreement. However, if the parties cannot agree on compensation, a case will go to trial.
What are some examples of mass tort cases?
Several types of negligence can cause injuries of one sort or another, and each type constitutes a different form of mass tort case. Common examples include:
  • Dangerous and defective products: RoundUp or glyphosate-based weed killers, Johnson & Johnson talc-based products, 3M Combat v2 military earplugs lawsuits
  • Exposure to toxic substances: Asbestos-mesothelioma and Agent Orange lawsuits 
  • Large-scale catastrophes: Cruise ships and coronavirus, BP oil spill, and train derailment lawsuits
  • Defective drugs and medical devices: Xarelto, Zantac, Allergan textured breast implants, and Philips CPAP lawsuits
  • Natural disasters: Holding insurance companies liable for failing to pay out claims after a hurricane, earthquake, fire, or tornado
What damages can I get in a mass tort case?
You could recover both economic (also called “special”) and non-economic (also known as “general”) damages in a mass tort case. The financial compensation you could receive in this type of case might cover:
  • Past and future medical bills
  • Physical therapy/rehabilitation
  • Prescription medications
  • Lost income and benefits
  • Replacement services for household tasks you can no longer perform
  • Home modifications
  • Mobility devices
  • Pain and suffering
  • Reduced earning potential
  • Diminished quality of life
What is the statute of limitations for a mass tort case?
Each state imposes its own statute of limitations for mass tort cases. These laws limit the amount of time you have to file a mass tort case. The general range of time frames across the country is between two and three years from the injury.  However, sometimes, plaintiffs do not immediately discover an injury or illness. So, some states extend the statute of limitations by giving the injured individual time to file a mass tort lawsuit after discovering the damage.
How Do I Get a Lawyer for My Roundup Lawsuit?
roundup lawsuit lawyer After experiencing Roundup’s damaging health effects, you may have to get a Mass Tort lawsuit lawyer who can help you file a lawsuit for damages. You can look for a lawyer who handles mass torts and class action lawsuits. You can also choose from Roundup lawsuit attorneys who have had success with similar cases.  If you have experienced Roundup exposure and are seeking an attorney to represent you, attorneys in our network can help. You could receive counsel on whether you qualify to receive compensation for medical expenses and other diagnosis-related damages.

How Do I Know if I Have a Roundup Legal Case?

If you have a history of using Roundup and recently received a cancer diagnosis, you could file a lawsuit against Monsanto Company (Monsanto), the herbicide’s manufacturer. You can speak with an attorney in our network who handles mass tort lawsuits to find out if you have a legal case. Several cancers are linked to Roundup exposure, including:
  • Non-Hodgkin’s lymphoma (NHL)
  • Leukemia
  • Multiple myeloma
If you developed any type of cancer after using Roundup, it’s possible that the weed killer caused your illness. You may be eligible for compensation from Monsanto if medical evidence shows that Roundup caused your cancer.

Lawsuits Link Cancer Diagnoses to Roundup Use

Monsanto faces thousands of lawsuits from individuals claiming that using Roundup led to their cancer development. The World Health Organization (WHO) has listed glyphosate, Roundup's active ingredient, as a "probable carcinogen."  However, the U.S. Environmental Protection Agency (EPA) has concluded that glyphosate is "not likely to be carcinogenic to humans." This is opposite to the California Office of Environmental Health Hazard Assessment’s mounting evidence, which lists Roundup's glyphosate as carcinogenic. 

Getting Legal Advice About a Roundup Lawsuit

An attorney can help you determine whether your case has merit and if it would be worth it to seek legal action. Mass tort lawyers have access to medical experts and can help prove that Roundup caused your cancer. They also know how to deal with insurance companies and defense lawyers. If you pursue compensation in court, a lawyer will guide you throughout the process.

What to Ask Candidate Lawyers When Exploring a Potential Roundup Lawsuit

First, you need to ask a lawyer about their case portfolio in mass tort litigation and what resources they have to build a strong case for you. Before deciding on a lawyer, you can ask these questions:

What’s Your Experience in Similar Cases? 

The longer someone has been in the legal field, the more experience they should have. You want an attorney who handles similar situations and can give you the best possible representation. Generally, an attorney who has been in practice for a few years has more experience than someone who has just graduated from law school. 

How Long Do You Think It Will Take Before My Case Is Resolved?

You may not get an exact answer, but your lawyer should give you a general idea based on their experience with similar cases. This gives you a sense of how long you'll have to set aside for the legal process. 

Can You Tell Me What Happens in a Typical Day of the Case?

A lawyer will give you an idea of what happens during a regular day in your case. Ask them to walk you through the process, step by step. This gives you a better understanding of what lies ahead and what will be required of you. 

Do You Take Cases on Contingency?

Fees, charges, and costs can vary widely among lawyers, so it's essential to understand what and when you'll be expected to pay. In some cases, Roundup lawsuit attorneys will take cases on contingency, which means they will not be paid unless and until they win your case. Also, find out what percentage of the award will go to them if they recover damages in your Roundup case.

Will Anyone Else Work on My Case? 

Ask if other people will be working on your case and their duties. This can ensure your case receives proper attention and doesn't fall through the cracks because of miscommunication or neglect.

How Are Roundup Attorneys Paid?

Most Roundup lawsuit attorneys will work on a "contingency fee" basis. While you are responsible for paying these costs, the contingency plan dictates that you will not pay unless the lawyer obtains recovery for you. If a lawyer recovers damages for you, you will pay them a percentage of your settlement or verdict award. These expenses include:
  • Legal research
  • Expert witness fees
  • Court filing fees
  • Investigative work
  • Other case-related costs
The percentage that lawyers charge for their services is something you can discuss with them before they start work on your case. However, how much you can expect to pay will depend on the lawyer and your case’s details. 

Recent Roundup Verdicts

Whether you are a consumer, farmer, or landscaper, if you have been diagnosed with non-Hodgkin's lymphoma after Roundup exposure, you could recover compensation. Monsanto has been ordered to pay billions of dollars in verdicts and settlements for plaintiffs diagnosed with cancer after using the company's herbicide. Some most recent verdicts include: 

Pilliod v. Monsanto Company: $2.055 Billion Monsanto Verdict

Alva and Alberta Pilliod from California were awarded $2 billion in punitive damages and another $55 million in compensatory damages. This was after a jury found that the company’s glyphosate-based herbicides caused them to develop non-Hodgkin’s lymphoma (NHL).  Mr. and Mrs. Pilliod had used Roundup for more than 30 years to landscape their property. On May 13, 2019, the jury determined that Monsanto knew or should have known that people exposed to Roundup could develop NHL but should have warned them of this risk. Monsanto was also found to act with malice, oppression, or fraud, which warranted liability for its behavior. “We finally had an opportunity to demonstrate to the jury that Monsanto has been guilty of corporate malfeasance over the past 45 years,” said Brent Wisner, the Pilliods’ lawyer. The award included $1 billion in punitive damages for each plaintiff and $5 million in combined compensatory damages.

Johnson v. Monsanto Company: $289.2 Million Monsanto Verdict

On August 10, 2018, a California jury awarded $289.2 million to Dewayne Johnson in the first Roundup cancer lawsuit to go to trial. The jury found Monsanto liable for failing to warn Johnson and the public of the cancer risks associated with its weed killer products, specifically Roundup and Ranger Pro (a glyphosate-based herbicide).  The verdict came after weeks of trial proceedings. During closing arguments, the plaintiff's counsel presented evidence that Monsanto had ghostwritten scientific articles that claimed glyphosate was safe and that it had influence over regulatory agencies like the EPA. After hearing the evidence, the jury unanimously found for Johnson on all counts. It awarded him $39 million in compensatory damages and $250 million in punitive damages.  The verdict against Monsanto was highly publicized across the globe and drew attention to thousands of other lawsuits pending against Monsanto. They alleged that Monsanto failed to warn consumers about the risks linked to Roundup and Ranger Pro exposure. 

Hardeman v. Monsanto Company: $80 Million verdict 

On March 27, 2019, the jury in the Hardeman v. Monsanto Company trial awarded plaintiff Edwin Hardeman a significant sum of $80 million in compensatory and punitive damages.  The verdict comprised $5 million in compensatory damages, which is meant to cover the medical expenses Hardeman incurred and the pain and suffering he experienced after exposure to the herbicide. Additionally, Hardeman was awarded $75 million in punitive damages on account of "malice or oppression.” Punitive damages punish defendants for engaging in especially egregious conduct. They intend to deter similar conduct in the future. Hardeman was diagnosed with B-cell non-Hodgkin’s lymphoma after using Roundup products on his property for more than 20 years. The plaintiff's counsel argued that Roundup's manufacturer, Monsanto, failed to warn consumers about the potential health risks of using Roundup products. 

What if I Can't Afford a Lawyer?

If you can't afford a lawyer, many Roundup lawsuit attorneys handle such cases on a contingency fee basis. That means you won't pay a dime until they win your case, and their payment comes out of the settlement or award they negotiate for you.  This enables people who otherwise couldn't afford to hire a lawyer to get legal representation. The amount the attorney receives is set at the beginning of the case, so both you and your attorney will know how much is coming out of any recovery.  Although no attorney can guarantee that you'll win any particular claim, they will inform you about whether you have a valid claim and help you navigate the process.  Lawyers Also Consider Their Involvement in Roundup Cases  In addition to contingency fees, some law firms also charge small upfront costs (usually called "costs"), but these costs are typically very modest compared to what attorneys usually charge. If you can’t afford small costs, some law firms might be willing to waive them for qualifying claimants. Lawyers typically get involved in a case only when they think they can win big; not every Roundup case requires legal representation. Here are some things to keep in mind:
  • Lawyers usually only take cases that have a potential payout high enough to cover their time and effort
  • The more serious your product liability injuries are, the more likely it is that you'll qualify for a lawyer
  • You might have trouble qualifying for a lawyer if someone else was clearly at fault
  • Be ready to prove that Roundup caused your injury by showing medical records and test results from before and after the diagnosis

Get Legal Aid

If you can't afford a lawyer, you may qualify for legal aid services. There are legal aid programs in your area that provide free or low-cost legal assistance. If you've been injured after Roundup use or exposure and meet the income requirements, you could qualify to receive help from a legal aid service. Requirements for legal aid in the U.S. include the following: 
  • You may be entitled to a court-appointed attorney if you receive assistance from any of these programs:
  • Supplemental Security Income (SSI)
  • Temporary Assistance for Needy Families (TANF)
  • Veterans' Benefits (VA)
  • TANF (Temporary Assistance for Needy Families)
  • Free and Reduced-Price School Lunch Program
  • If you have HIV/AIDS. You can get free and low-cost legal services if you live with HIV or AIDS. Look for services in your state on the U.S. Department of Health and Human Services (HHS)' website.
  • Your case involves a civil rights issue. If the plaintiff is fighting for something with the potential of a class action suit, they can qualify for free legal aid. 
  • You have low income by the court’s definition. The court may determine that your income is too low to pay for representation. The standard used to measure poverty is usually based on federal poverty guidelines, as the Office of the Assistant Secretary for Planning and Evaluation (ASPE) outlines. Also, if your household income is below 125% of the federal poverty guidelines, you will be considered eligible for appointed counsel.

Get Help from a Roundup Lawsuit Attorney 

If you have been diagnosed with non-Hodgkin’s lymphoma and have a history of Roundup exposure, you may be eligible for compensation. While Monsanto continues to deny that Roundup causes cancer, juries across the country have held the company responsible for its failure to warn consumers about its product’s dangers. You may want to talk to a mass tort lawsuit attorney about your legal rights and other concerns you have. They will help you navigate the legal issues surrounding Monsanto's liability and the validity of your claim. Fill out our contact form today to connect with a Roundup lawsuit attorney in our network as you explore your legal options.
What is the Roundup Lawsuit Payout?
Many people believe their cancer was directly caused by exposure to Roundup. Bayer/Monsanto has settled about 80% of their Roundup lawsuits. Totaling $11 billion, the agreement resolves approximately 100,000 lawsuits against the makers of the popular weedkiller. If you or someone you know has been exposed to the weed killer Roundup and has been diagnosed with certain forms of cancer, you may qualify for a Roundup lawsuit payout. Roundup lawsuit litigation is ongoing in many parts of the country, despite the payoffs and settlements already awarded.  This article will detail some of the factors that determine who may qualify for a settlement. A few brief examples of Roundup cases that went to trial will be included. We will also outline potential settlement amounts, the medical diagnostics needed, and more.

Roundup Background

In the 1970s, a chemical compound called glyphosate was discovered. It is considered to be unique in the world of herbicides. It is a non-selective herbicide, meaning it will kill any plant it touches with minimal exposure. Many other herbicides are more selective, targeting only certain kinds of vegetation. 

Roundup and Modified Seeds

Shortly after discovering glyphosate, the company Monsanto began producing and selling Roundup. It took almost two decades for sales to rise significantly. Ultimately, Monsanto’s development of special grass seeds helped Roundup sales. Because these genetically modified seeds were resistant to glyphosate, Roundup could be sprayed on or near this grass without harm. Once farmers and consumers found they could use Roundup without killing their grass, sales improved dramatically. The pharmaceutical giant Bayer eventually bought Monsanto in 2016 for $66 billion, effectively inheriting the litigation that would soon follow. 

Scoring Plaintiffs

People who use Roundup frequently are considered more at risk due to repeated exposure to the chemical. This includes those who work in agriculture or landscaping. Some plaintiffs have claimed Roundup caused their cancer from simple home gardening and other more casual instances of Roundup contact.  Unlike other chemicals, users do not need any special training to use Roundup. There are no required licenses or waivers to sign when buying Roundup. Currently, it is still available for residential use in the United States, despite the ongoing litigation and potential harm. 

How People Are Exposed to Roundup

Roundup is available as a liquid or in granular form. Gardening stores and hardware centers are common places consumers may purchase Roundup. There are three ways most people are commonly exposed to Roundup. They include:
  • Breathing in Roundup’s vapor, mist, or dust while using the chemical.
  • Accidentally coming in contact with Roundup by brushing up against plants and vegetation while the chemical is still wet.
  • Accidentally ingesting the product through their noses or mouths. This happens most often when someone is washing their hands after spraying Roundup.
Some people believe they have suffered due to their exposure to Roundup. Understanding these potential injuries is key to determining whether you qualify for a potential Roundup lawsuit payout. 

Injuries You Suffered

Some plaintiffs claim that Roundup exposure (specifically to the chemical glyphosate) may lead to the following:
  • Leukemia
  • B-cell lymphoma
  • Non-Hodgkin lymphoma
  • Multiple myeloma 
As of this writing, over 80,000 people have been diagnosed with non-Hodgkin lymphoma (NHL). Not every one of these cases claims they used Roundup. But those who did use Roundup felt deceived because they were led to believe that using Roundup was safe. 

Common Non-Hodgkin Lymphoma Symptoms

Some of the symptoms people report after contracting these diseases include:
  • swollen lymph nodes
  • stomach or chest pain
  • nausea 
  • loss of appetite
  • low-grade fever 
  • night sweats 
Some agencies outside of the United States claim that Roundup’s active ingredient, glyphosate, most likely will cause cancer in people. Plaintiffs suing for damages claim Monsanto was aware of glyphosate’s carcinogenic possibilities as far back as the 1970s. Further, the claims specify that the company did nothing to warn users of the product’s dangers. Several factors could influence the amount of your potential settlement. Those factors are economic, non-economic, and punitive damages. 

Economic Damages: Medical Expenses and Lost Wages

Economic damages are direct financial costs you have incurred. Any medical expenses, doctors’ visits, tests, medications, and medical procedures fall under this category. This form of compensation includes being reimbursed for travel expenses tied to going to and from doctors’ offices for treatment. Economic damages also include your lost wages. If your medical condition prevents you from working, your lost wages would factor into your settlement. Depending on the severity of your condition, you may also never be able to return to work. Part of your potential compensation package would include loss of future wages for your inability to work at your current job. In the event of a wrongful death, the surviving family members who file a lawsuit on behalf of the deceased would be entitled to receive financial compensation based on their loved one’s lost wages. 

Household Help

Other forms of economic damage include compensation for household duties or home maintenance. If you performed regular duties around the home such as cleaning or maintaining the lawn, you may need help to complete those tasks. You may be able to receive compensation to hire help for these duties. 

Noneconomic Damages: Pain and Suffering

Not every damage or loss can be tied to a direct financial cost. Some forms of compensation are intended to compensate victims for their suffering. While it is impossible to calculate the true dollar value of pain and suffering, the law does nonetheless provide for compensation in these areas. Some forms of noneconomic damage include emotional duress stemming from the stressful nature of the suffering. Those suffering from debilitating cancer may also be entitled to compensation for loss of enjoyment in life. This means that if the person suffering cannot resume normal daily activities, they may receive additional compensation as part of their Roundup lawsuit payout for this loss.

Punitive Damages

There is a third form of damages a plaintiff may receive. It is called punitive damages. These damages are not tied to the victim’s financial costs or pain and suffering but are intended to punish the defendant for malicious or extreme negligence. Not every product liability case will qualify for punitive damages. But juries could decide to award them to a plaintiff. Juries may award punitive damages as a means to convince the defendant to clean up their act. After years of buildup, the first Roundup trial that resulted in a favorable outcome for the plaintiff came in August of 2018. The jury for the case awarded plaintiff Dewayne Johnson $289 million in damages. The jury felt the company was negligent in warning Mr. Johnson of the Roundup dangers. To punish the company, $250 million of the total verdict was punitive damages. This indicates the jury was angry and wanted to put the company on notice that it should have been more proactive in taking care of its consumers.

Roundup Settlement Amounts: What Can Victims Expect?

While most of the Roundup lawsuit plaintiffs have been adults who work in or around groundskeeping or farming, some cases have been brought on behalf of children. These lawsuits claim that some children have health issues caused by their exposure to glyphosate in Roundup. 

Product Liability

In legal terms, when a manufactured product is believed to cause harm to the consumers using it, it is caused by product liability. On top of this alleged harm, the company may be held liable for failing to let their customers know of the possible harm their product could cause. As of this writing, Roundup is scheduled to be pulled from consumer use in 2023. 

Average Settlement Payouts

There are no guaranteed payouts for Roundup lawsuits. However, when plaintiffs do secure a settlement, the dollar amounts have a fairly wide range. The exact amounts can vary greatly based on the following:
  • the victims’ damages
  • what the attorneys for these clients have negotiated for their settlement
If the plaintiffs are filing wrongful death claims on behalf of a deceased loved one, these amounts are often much higher due to the loss of life. 

Who Can File a Roundup Lawsuit?

To qualify for a Roundup settlement, a potential plaintiff cannot merely claim they were exposed to Roundup. A potential settlement requires:
  • Medical proof the person has non-Hodgkin’s lymphoma, or another disease Roundup is suspected of causing
  • Proof the person has been exposed to Roundup or the chemical glyphosate
  • The ability to file their claim before the statute of limitations runs out
Every state in the country has its own statute of limitations in product liability cases. This simply means you have a deadline you must file a claim by. Failing to file a claim before this date could result in forfeiting your ability to seek compensation. Wrongful death case statute of limitations usually coincides with the person’s death. An experienced product liability attorney can help you file your claim before your statute of limitations runs out.

Lawsuits Link Roundup to Several Cancer Side Effects

Non-Hodgkin’s lymphoma is not the only disease many experts believe is linked to Roundup exposure (specifically glyphosate). Other cancers believed to be linked to Roundup include:
  • B-cell lymphoma
  • T-cell lymphoma
  • Hairy cell lymphoma
  • Chronic lymphocytic leukemia

How to Determine if You Have Non-Hodgkin Lymphoma

To find out if you qualify for a Roundup settlement, you must have thorough medical records stemming from detailed and varied diagnostic procedures. Below are examples of some documentation and testing you may need to establish your qualification.

Your Medical History

Your doctor may want detailed information about you and your family’s medical history.

A Physical Exam

Your doctor will examine you to look for swollen lymph nodes. Your doctor may also check to see if you have swelling in your liver or spleen.

Lab Tests 

Your doctor may conduct blood or urine tests to see if there are other reasons why you are showing non-Hodgkin’s lymphoma symptoms.

Imaging Tests 

Using MRIs, CT scans, X-rays, and other tests, your medical team will check for the presence of tumors in your body. 

Biopsy 

Your doctor may remove a small piece of your lymph nodes and send it to a lab for testing. The lab will examine the tissue for evidence of non-Hodgkin’s lymphoma.

Bone Marrow 

The lab may use a needle to withdraw a small portion of bone marrow. Using this sample, the team will try to detect the presence of lymphoma cells. 

Roundup Settlement: More Than $10 Billion for Victims

Roundup’s parent company Bayer has claimed its product is safe, despite the waves of litigation it continues to face. According to the New York Times, in 2020, Bayer initially set aside an estimated $10 billion in expenses to cover the settlements for Roundup. The company has also set aside an estimated $1.25 billion in anticipation of future claims. While Bayer has set aside massive amounts of capital to satisfy its legal needs, company representatives have not admitted to any wrongdoing or liability for any of the plaintiffs. 

Roundup Settlement Amounts

Some plaintiffs have much more serious injuries and suffering than others. While there is no guarantee you will receive compensation, legal experts still encourage anyone who believes they may have suffered because of Roundup or glyphosate exposure to investigate their options. 

Did Roundup Cancer Settlements Happen?

Bayer has settled approximately 100,000 Roundup claims. Monsanto has paid approximately $11 billion to satisfy these claims. By negotiating with attorneys who represent large numbers of plaintiffs, settlements happened much faster.  New plaintiffs continue to file claims against the makers of Roundup. If you feel you may be entitled to compensation stemming from your exposure to Roundup, an experienced product liability law firm may be able to help determine if you qualify. 

Talk to a Lawyer

If you are unsure whether your suffering is due to possible repeated exposure to the chemical glyphosate, contact the legal team at Mass Torts Central. Our representatives can evaluate your case and answer your questions. We can help you plan your next legal steps once you have a clear understanding of your options. Contact us today to find out more. There is no obligation beyond your free case evaluation.    References:
  1. https://www.iarc.who.int/featured-news/media-centre-iarc-news-glyphosate/ 
  2. http://npic.orst.edu/factsheets/glyphogen.html 
  3. https://www.nytimes.com/2020/06/24/business/roundup-settlement-lawsuits.html 
  4. https://www.bayer.com/en/roundup-litigation-five-point-plan