Exposure to Roundup Has Been Linked to Non-Hodgkin's Lymphoma
Roundup is a popular herbicide that is commonly used by agricultural workers, garden center employees, landscapers, and even your regular gardening hobbyists. Since 1985, scientists have been studying the link between glyphosate, the active ingredient in Roundup products, and various cancers, including Non-Hodgkin's lymphoma. Many of the studies have demonstrated that exposure to Roundup creates an increased risk of developing Non-Hodkin's Lymphoma. In December of 2015, the International Agency for Research on Cancer, a division of the World Health Organization, reviewed the existing scientific studies and determined that glyphosate is “probably carcinogenic to humans”. Shortly thereafter, lawsuits began to be filed seeking compensation on behalf of individuals diagnosed with Non-Hodgkin's lymphoma after having been exposed to Roundup. Call lead Roundup attorney Joseph Sullivan at (212) 566-1000 to schedule a free, no-obligation consultation.
Dangerous exposure includes:
- Spraying a Roundup product
- Standing next to someone using a Roundup product
- Cleaning up the spilled chemical
- Mixing the chemical
- Eating or drinking something that has been exposed to a glyphosate-based product
Since the initial lawsuits were filed, over 18,000 cancer victims or their grieving families have filed claims against Monsanto, the creator of Roundup. The evidence that has come out in this litigation, shows that Monsanto has been aware of Roundup's carcinogenic properties for at least 30 years. However, instead of warning and protecting the public, Monsanto purposefully falsified scientific reports and influences regulators to hide the association between glyphosate and Non-Hodgkin's lymphoma.
Pursue Justice & Restitution
In 2018, a jury in San Francisco unanimously agreed that Monsanto demonstrated great negligence in failing to warn the public about the inherent danger associated with their products. The plaintiff, in this case, DeWayne “Lee” Johnson, the jury awarded $289 million, and in post-verdict motions, the judge reduced it to $78 million.
Product liability cases can be incredibly difficult to navigate without skilled and experienced legal representation. If you or a loved one has developed cancer after being exposed to a Monsanto product, contact the New York City product liability attorneys at Sullivan & Brill, LLP. Our fierce litigators can review your personal circumstances and determine if you have a valid claim against this negligent corporation. With our help, you can pursue damages that safeguard your standard of living and provide for your family in a worst-case scenario.
At Sullivan & Brill, LLP, we aren't afraid to stand against corporate legal teams if it means securing compensation for our clients. We provide our services on a contingency fee basis to ensure that wronged consumers have the means and ability to fight for justice.
Contact Sullivan & Brill, LLPat (212) 566-1000 to schedule a free, no-obligation consultation.
Clarification- On June 7, 2018, Bayer announced that it completed its acquisition of Monsanto Company. Since then Bayer has been fighting the lawsuits alleging that Glyphosate in Roundup manufactured by Monsanto Company has caused individuals to develop Non-Hodgkin's Lymphoma. In the updates below both Bayer and Monsanto Company are used to refer to the party at fault.
Update 11: Germany Bans Glyphosate, The Main ingredient in Roundup, by 2023
By the end of 2023 the use of Glyphosate, the main ingredient in Roundup weed killer, will be banned. The ban which was recently agreed upon by the German Cabinet comes after a period that will limit and phase out the use through 2023. Bayer, a German-based company and manufacturer of Roundup, says it disagrees with the government's decision.
This German ban rolls out shortly after Austria has outlawed the weedkiller and restriction are in force in the Netherlands, Czech Republic, and Italy. France also plans to phase out use by 2023.
Update 10: Missouri Judge Denies Monsanto's Bid to Delay Another Roundup Trial
Monsanto's bid to postpone another trial has failed. Winston v Monsanto will continue as scheduled in October. It will take place in Monsanto hometown St. Louis Missouri. Judge Michael Mullen stated that discovery will continue until September 16th and jury selection will begin October 10th.
Update 9: Roundup Mediator Ken Feinberg Speaks Out on 8 Billion Settlement Offer Rumor
In the week after the postponement of Gordon v Monsanto, the media has reported a proposed 8 billion dollar settlement offer from Monsanto. Initially, neither Monsanto or the plaintiff attorneys had publicly confirmed or denied such offers. Ken Feinberg, appointed mediator for the Roundup Litigation and also commonly know for his work on the 9/11 victims compensation fund and BP's oil spill has finally commented on the settlement rumors. "Bayer has not proposed paying $8 billion to settle all the U.S. Roundup cancer claims. Such a statement is pure fiction," Feinberg said in an email on Friday. "Compensation has not even been discussed in the global mediation discussions."
Update 8: Gordon v Monsanto Postponed Until January
Today, Judge Brian May has ruled to delay the upcoming court case. Gordon v Monsanto was scheduled to begin on August 19th, but has been postponed until January. Legal observers speculate that the judge would not delay a trial this close to its start unless both sides were in agreement. Neither parties have publicly commented yet, but settlement rumors have begun to swirl with the assumption that it may be in the foreseeable future.
Update 7: Up next on the Trial schedule. Gordon v Monsanto Co in Missouri
The next trial is scheduled for August 19th in Missouri. This will be the first trial outside of California. St. Louis, Missouri was home to Monsanto Company headquarters for many decades and it still maintains a large employment and philanthropic presence within the communities. Monsanto is gearing up for the trial in Missouri in hopes of a different outcome than the previous three trials. The upcoming trial will be for plaintiff Sharlean Gordon, who suffered from a form of Non-Hodgkin's Lymphoma. She claims that Monsanto Company's Roundup has caused her cancer. She also claims that the company was aware of the increased risk for cancer and instead of warning the public of the potential risks, Monsanto actively worked to suppress information. Monsanto is pushing hard to hire local experts and has tried to object to several of the plaintiff's experts. However, Monsanto Company does not seem to be reaping any benefits from a home-field advantage. St. Louis County Judge Brian May has already denied Monsanto's motion for summary judgment as well as their request to exclude certain plaintiff experts. The Judges also ruled that the trial can be recorded and televised from August 19th until its conclusion.
Update 6: Judge Denies Monsanto's Request To Strike Punitive Damages But Reduces Verdict
In July of 2019, Judge Winifred Smith denied Monsanto's request to strike punitive damages outright on the Pilliod v Monsanto Company verdict. Monsanto's reasoning for this request was that hundreds of other assessments and studies regulated worldwide have concluded that the herbicide is safe. Judge Smith responded in her order which stated: “In this case, there was clear and convincing evidence that Monsanto made efforts to impede, discourage, or distort scientific inquiry and the resulting science.” Judge Smith finds putative damages to be appropriate but reduces the juries verdict from $2 billion to $86.7 million.
Update 5: Costco Discontinues Sales of Roundup
Costco will discontinue sales of Roundup for this season. Costco's decision to suspend sales of the product came after a petition from Moms Across America. Costco confirmed the suspension in June of 2019 for the upcoming spring/ summer season and added that they have looked into stocking a more organic alternative. Moms Across America, founded by Zen Honeycutt, has a goal to educate and advocate for a healthy and transparent food system so that families have the resources and knowledge to eat cleaner. Moms Across America are advocates for Glyphosate free shopping and openly object use and sales of Roundup in America. They have also reached out to other large corporations such as Target, Walmart and Home Depot, but have not had the same success removing Roundup from the companies's shelves.
Update 4: Trial Three- Pilliod v Monsanto Co.
Pilliod v Monsanto Co. was the third court case to go to trial. The 70-year-old Couple Alva and Alberta Pilliod are from Livermore, California where they used Roundup since the 1970s. The couple claimed that exposure to Monsanto's Roundup caused their Non-Hodgkins Lymphoma (NHL). Alva suffers from NHL in his bones which has spread to his back and spine and Alberta was diagnosed in 2015 with NHL brain cancer. In May of 2019, the jury returned a $2.055 billion verdict in favor of the Pilliods. The verdict broken down came to $55 million in compensatory damages and $2 billion in punitive damages (1 billion for each Mr. and Mrs. Pilliod). This marks the third consecutive defeat for Monsanto.
Update 3: Trial Two - Edwin Hardeman v Monsanto Co.
The second trial and first federal bellwether trial was Edwin Hardeman v Monsanto Co. Mr. Hardeman and his wife lived on their 56-acre property in California where they routinely tended to the grounds using Roundup to keep poison oak and other weeds at bay. He frequently used Roundup between 1986-2012. Mr. Hardeman was diagnosed with B-Cell Non-Hodgkins Lymphoma in the winter of 2015, just before the International Agency for Research Center classified glyphosate as a "probable human carcinogen". A year later he retained an attorney to file his claim and in February of 2018, Judge Chhabria selected Edwin's case to be the first to go before a jury in the federal multi-district litigation. At Monsanto's request, the trial was bifurcated. This split the trial up into two phases. Phase one addressed causation, specifically if Monsanto's Roundup significantly contributed to Mr. Hardeman developing NHL. If the jury found that the exposure to Roundup significantly caused the plaintiffs cancer then the trial would proceed to phase two which addressed Monsatos knowledge conduct and damages. After weeks of trial, the jury determined that Roundup caused Mr. Hardeman's non-Hodgkin's Lymphoma and then declared that the Roundup design was defective, it lacked sufficient warning for cancer and that Monsanto was negligent. The jury held Monsanto accountable when they returned with an $80 million verdict, 5 million in compensatory damages and 75 million in punitive damages. The trial judge later upheld the verdict but reduced the punitive damages award to $20 million.
Update 2: New Research About Glyphosate's Link To Non-Hodgkin's Lymphoma Breaks Before The Second Trial
Just days before the second Roundup trial, Edwine Hardeman v. Monsanto Co, a study was released that found glyphosate increases cancer risk by 41%. Glyphosate is a main ingredient in the popular herbicide Roundup. The study conducted by researchers at the University of Washington investigated if there was an association between high cumulative exposures to glyphosate-based herbicides (GBHs) and Non-Hodgkin's Lymphoma (NHL) in humans. It was an extensive study that incorporated previous studies and new testing. "All of the meta-analyses conducted to date, including our own, consistently report the same key finding: exposure to GBHs (glyphosate-based herbicides) are associated with an increased risk of NHL," the authors wrote in a study published in the journal Mutation Research. This research is the most up to date analysis of glyphosate's link to NHL. The full study can be read here.
Update 1: Trial One- Dewayne Lee Johnson v Monsanto Co.
The first Monsanto trial was brought by terminally ill school groundskeeper, Dewayne Lee Johnson. He alleged that Monsanto's Roundup and pro weed killer caused his Non-Hodgkins Lymphoma. The trial took place in California before Judge Suzanne R. Bolanos The trial ended in August 2018 when the jury delivered a $289.2 million verdict for the plaintiff, including $250 million in punitive damages. The judge later upheld the verdict, but reduced the punitive damages to $39 million, resulting in a $78.5 million total award. Monsanto immediately filed an appeal, which has been briefed but not decided by the appellate court.