Are you or a loved one considering seeking compensation for illness related to Monsanto's Roundup? Understanding the key factors that can affect your Roundup legal case is crucial.
In this article, we look at seven key factors that can make or break your Roundup claim. Whether you're exploring your eligibility, gathering evidence, or seeking justice, this information will empower you to confidently navigate the legal process.
What Proof Or Info You'll Need to HAve
Time is of the essence when filing a claim concerning Monsanto's Roundup. If you or a loved one has been diagnosed with a disease following exposure to Roundup, it's important to check your eligibility for your claim as soon as possible. Here are some factors that can affect your case.
#1 Proof of Failure of Monsanto to Provide Health Risk Warning
Previous claims against the company included failure to warn the consumers about the possible risk of glyphosate exposure, negligence, and false advertising. Previous plaintiffs have argued that Monsanto has misinterpreted or ignored safety data generally accepted during the herbicide manufacturing, distribution, and sale. Your claim would likely require proof of the company's failure to provide appropriate warnings that put consumers' health at risk. Your attorney can help you gather this information.
#2 Proof of Negligence Concerning Product Design
Aside from the proof of Monsanto's failure to warn consumers, the plaintiff would also have to prove the company was negligent in the product design and that this negligence resulted in the plaintiff's harm. Again, your attorney can help you find this information as you prepare your case.
#3 Proof That You Used Roundup (Glyphosate)
Gather evidence that you were exposed to Roundup at work, on the farm, or at home. This is an extremely important aspect of your claim. These include receipts of purchase, used bottles, standard operating procedures if you've been exposed at work, or landscaping invoices.
#4 Degree and Length of Exposure
Having prolonged exposure to the herbicide continuously for several years may give you a stronger claim. For instance, if you work at a farm that uses the herbicide for several hours at a time, you have a higher chance of winning the case than someone who's only visited a park that used the herbicide on its foliage.
#5 The Duration Between Exposure and Your Diagnosis
The court may consider the latency period as the duration of time between your exposure to Roundup and the date of your diagnosis. Usually, lymphoma associated with high-dose exposure to herbicide takes at least two years to develop, according to one study. As such, you need to ensure that the time elapsed between your exposure and diagnosis falls in this category.
#6 Proof of Link Between the Exposure and Your Diagnosis
Scientific data should support that your Roundup exposure resulted in your diagnosed illness. This is arguably the most important evidence you can gather to receive a favorable verdict from the court.
#7 Other Health Comorbidities
Having other health comorbidities that can contribute to the development of cancer or other illness can affect your case significantly. For instance, tobacco smoking, exposure to carcinogens other than glyphosate, history of cancer, taking immunosuppressants, and HIV/AIDS can decrease your chances of gaining financial compensation.
Ready to talk with an attorney to see if you have a case? A free case evaluation can help you determine whether you have a good chance to receive compensation, whether you need more data to support your case, and what your next steps may be.
Why Are Roundup Cases on the Rise?
This herbicide doesn't easily vaporize after being sprayed. You can get exposed to glyphosate when it accidentally gets on your skin or eyes while using it, inhaling, touching plants that are still wet from spraying, or eating or smoking without properly washing your hands first.
Here's a look at some additional reasons why there has been an increase in claims against Bayer.
The International Agency for Research on Cancer (IARC), an arm of the World Health Organization (WHO), has labeled glyphosate as a probably human carcinogen in 2015.
Effect on Liver and Kidney
Glyphosate enters and leaves the body unaltered. When ingested, it can affect your liver and kidneys. Studies confirmed that dairy cows that ate soybeans with high levels of glyphosate showed higher risks of liver and kidney damage.
Other Concerns about Roundup
Researchers began looking into the impact of the herbicide on expectant mothers and infants in 2017 as they are more susceptible to carcinogens. Food safety tests also revealed the presence of glyphosate in honey, baby food, and oatmeal. People still express their concerns about the health risks associated with Roundup due to USDA's lack of glyphosate testing in food products and the lack of regulation on the use of the herbicide.
Despite the contradicting findings between scientists, people exposed to this chemical such as farmers, landscapers, and gardeners have filed a Roundup cancer lawsuit against Monsanto. Victims filed claims that Monsanto failed to conduct adequate research on the effects of the herbicide on health and its possible association with cancer. Some studies showed that people exposed to glyphosate are at risk of developing Non-Hodgkin's Lymphoma, Large Diffuse B-cell Lymphoma, Chronic Lymphocytic Lymphoma, and other types of cancers, thus facing the prospect of paying massive medical bills in the future.
How Can You Pursue a Roundup Case?
If this sounds complex, it is. If you plan on pursuing a claim, you need legal experts on your side. Seek assistance from a firm with a proven track record of winning cases against Roundup. Cooney & Conway lawyers have recovered billions of dollars for our clients in thousands of cases. We believe that people injured due to the wrongful conduct of others deserve full compensation.
If you or a loved one developed Non-Hodgkin's Lymphoma, Large Diffuse B-cell Lymphoma, Follicular Lymphoma, other types of cancer or diseases after using or being exposed to Monsanto's Roundup, you may be entitled to financial compensation for your injuries.
Gauge your chances at winning your Roundup Litigation case by filling out our free case evaluation form.