Dallas Fort Worth Injury Lawyer Blog
Roundup Weedkiller. In this article, I am going to address Roundup, and its links to cancer specifically non-Hodgkin’s lymphoma, and provide an update on the current trials and appeals.
Roundup Weedkiller linked to Non Hodgkin’s Lymphoma and other cancers. Non Hodgkin’s Lymphoma and used Roundup? Call Dr. Shezad Malik Law Firm at 214-390-3189.
The use of the popular herbicide Roundup and glyphosate the main ingredient in Roundup and other weedkillers, is linked to an increased risk of non-Hodgkin’s Lymphoma and other cancers.
Roundup Weedkiller Glyphosate
The concerns surrounding glyphosate, the active ingredient in many herbicides are multifaceted and involve environmental, health, and regulatory issues.
Glyphosate Health Concerns:
Cancer Risk: The International Agency for Research on Cancer (IARC), a branch of the World Health Organization (WHO), classified glyphosate as “probably carcinogenic in humans” (Group 2A) in 2015 based on limited evidence of cancer in humans (from real-world exposures that actually occurred) and sufficient evidence of cancer in experimental animals.
This classification has fueled ongoing debates and legal battles, despite other regulatory bodies, including the EPA, concluding that glyphosate is not likely to be carcinogenic to humans based on their assessments.
Environmental Impact:
- Biodiversity Loss: Glyphosate’s effectiveness as a broad-spectrum herbicide can lead to decreased plant diversity which can have cascading effects on ecosystems, including impacts on pollinators and other wildlife.
- Weed Resistance: The widespread use of glyphosate has led to the evolution of glyphosate-resistant weed species, which can become difficult and costly to control, leading to increased herbicide use.
It’s important to note that the context of glyphosate’s use (e.g., adherence to label directions, personal protective equipment usage) and exposure levels are critical factors in assessing its risks.
Problem with Glyphosate Resistance
Monsanto has genetically modified (GMO) and engineered plants and crop seeds that are glyphosate resistant. Farmers are encouraged to use these GMO seeds in their plantings, and since these seeds are resistant to glyphosate, farmers use the herbicide liberally to get rid of competing weeds.
The spraying of the herbicide causes problems, specifically the weeds adapt to glyphosate exposure with time, and so the farmers have increasing amounts of glyphosate leading to increased exposure over time.
2024 Roundup Weedkiller Lawsuit Update
Roundup-related lawsuits have been a thorn in the side of Bayer since it acquired the weedkiller brand as part of its $63 billion purchase of Monsanto in 2018. Bayer settled most Roundup claims that were pending against it in 2020 for up to $10.9 billion, but still faces more than 50,000 claims over the product.
113,000 of approximately 165,000 claims have been settled or deemed to be ineligible for settlement.
On February 5, 2024, the Eleventh Circuit Court of Appeals decided in favor of the plaintiff in the Carson case and concluded that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt the plaintiff’s failure-to-warn claim. According to David Carson, the plaintiff, he was diagnosed with a type of cancer called malignant fibrous histiocytoma in 2016 after using Roundup for 30 years.
Bayer is seeking a ruling by the U.S. Supreme Court. A ruling in favor of Bayer and Monsanto by the U.S. Supreme Court on the federal preemption question could largely end the Roundup litigation. The main question here is whether state-based failure-to-warn claims are preempted by federal law since the EPA concluded glyphosate does not cause cancer and approved the Roundup label without a warning.
The U.S. Supreme Court in 2022 in two cases has declined Bayer AG’s petitions to review lawsuits alleging that Roundup weedkiller causes cancer. This includes a decision where the Court chose not to hear an appeal from Bayer, leaving in place a lower court’s decision that upheld an $87 million judgment in favor of Alberta and Alva Pilliod, who claimed to have developed cancer after using Roundup for over thirty years.
Additionally, the Supreme Court’s refusal to review the Hardeman case, which resulted in a $25 million judgment against Monsanto, has significant implications for ongoing and future litigation related to Roundup. This decision essentially opens the door for thousands of similar lawsuits to proceed to trial.
On March 1, 2024, in the Cody case before Judge David McCormick in the Circuit Court of Conway County, Arkansas, the jury found for the defendants Bayer and Monsanto. This is the 11th win for Bayer and Monsanto in the last 17 cases.
On March 1,2024, Judge Vivian Medinilla ordered a mistrial in the Cloud Roundup product liability trial in the Superior Court of Delaware. According to Bayer and Monsanto, the court’s decision to order a mistrial in this case reflects the plaintiff’s failure to meet their burden to prove their case.
The jury in the Dennis trial in the Superior Court of California for the County of San Diego, which began on October 9th, 2023, decided in favor of the plaintiff awarding $7 million in compensatory damages and $325 million in punitive damages. On February 26, 2024, oral arguments on the Company’s post-trial motions were heard by the court, which reduced the damages in this case to $28 million total.
Developed Cancer From Roundup Weedkiller? What to Do Next
Dr Shezad Malik Law Firm is currently accepting Roundup cancer injury cases in all 50 states. If you or somebody you know was diagnosed with cancer, you should contact our attorneys immediately for a free case consultation. Please use the form to contact our Attorneys or call us 24 hours a day at 214-390-3189.
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