blog home Product Liability How to Recover Compensation in a Monsanto Roundup Claim

How to Recover Compensation in a Monsanto Roundup Claim

By Jason Bottlinger on June 15, 2021

Since October 2015, Monsanto has been embroiled in over a thousand lawsuits regarding Roundup’s lack of a warning label on its active ingredient: glyphosate, which some experts have linked to non-Hodgkin’s lymphoma. While the company has continued to fight back, there have been major wins for plaintiffs, including several multi-million-dollar jury verdicts.

While lawsuits continue to be filed against the manufacturer, Monsanto’s parent company Bayer settled over 15,000 lawsuits with a massive $10.9 billion settlement in September 2020. Part of this agreement included setting aside $1.25 billion to settle future lawsuits, which Bayer increased to $2 billion in February 2021.

However, there are still tens of thousands of pending lawsuits that have yet to reach agreements, and this number is growing every day. It is important for victims of Roundup to understand their rights during these complex proceedings.

Status of the Mass Settlement

The costs associated with non-Hodgkin’s lymphoma can easily bankrupt you as you struggle to get treatment amidst high healthcare prices, and you may suffer even greater emotional strain from realizing that a seemingly safe product injured you. If you developed non-Hodgkin’s lymphoma as a result of prolonged exposure to Monsanto’s Roundup, then the $2 billion that has been set aside to settle lawsuits may feel like a blessing.

However, this agreement has yet to be accepted by a judge, who will have the final say on whether it will be a future option for victims. Currently, U.S. District Judge Vince Chhabria has suggested that Roundup should have warning labels as part of the settlement agreement in order to warn consumers of the risks. It is also unclear if this agreement will limit individual lawsuits for plaintiffs who do not agree to the settlement.

Why Should I Pursue Compensation From Monsanto?

The various jury verdicts involving Roundup have set a legal precedent for future claims against the manufacturer. Roundup failed to warn its users about the dangers of glyphosate, its active ingredient, and many of the successful lawsuits against the manufacturer were based on the fact that Monsanto was aware of the danger – or reasonably should have been aware of the risk of users developing non-Hodgkin’s lymphoma.

Since Roundup still lacks a cancer warning and is still available for purchase, numerous landscapers, agricultural workers, and everyday consumers are unaware that they are being exposed to this dangerous chemical. Until Monsanto takes the necessary steps to protect consumers, more people will develop a serious cancer and even die due to their negligence.

No one should be burdened by medical bills and a disease as serious as cancer due to a single company’s shortsightedness. Manufacturers should take every precaution to protect consumers and when they fail to do so, they should be held accountable. If you developed non-Hodgkin’s lymphoma due to Monsanto’s Roundup, you deserve full compensation for your medical bills and pain and suffering.

Individual Lawsuits vs. Mass Torts

Until a judge approves Bayer’s mass settlement agreement, plaintiffs will need to file separate lawsuits against the manufacturer or group with other plaintiffs in a mass tort case. In an individual lawsuit, the plaintiff must work closely with their attorney to collect evidence and argue before a jury that Monsanto is responsible for their injuries. This may mean the plaintiff’s case will receive more attention, but they may also lack the testimony utilized in mass tort lawsuits.

Mass torts allow a group of plaintiffs to come together in a single trial to hold a manufacturer liable for all of their injuries. Unlike class-action lawsuits, which demand a single jury verdict that is then divided up equally among the plaintiffs, a mass tort calculates each plaintiff’s damages separately. This means that if your case is successful, you do not have to share compensation with the other plaintiffs — your needs are met. A mass tort also grants you the support of other victims. If you can show that Monsanto injured multiple plaintiffs, the jury is more likely to listen to the gravity of the situation and provide proper compensation for you.

Whatever type of lawsuit you choose to file, it is important to work with a skilled Omaha product liability attorney who will pursue every avenue to get you compensation. At Bottlinger Law L.L.C., our dedicated personal injury attorneys believe that our clients deserve our undivided attention. As a boutique law firm, we provide you with reliable legal representation from the beginning to the end of your case. We are not afraid to get our hands dirty investigating if it means getting our clients full compensation for their injuries. To learn how we can represent you in a Roundup lawsuit, call our office at (402) 505-8234 for a free consultation.

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