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 grounds keeping 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.
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