Agricultural workers and others who have contracted non-Hodgkin’s lymphoma from occupational use of Roundup herbicide have filed lawsuits across the United States.
If you’ve been diagnosed with non-Hodgkin’s lymphoma after regular use of Monsanto’s Roundup, you may be eligible to join the lawsuit against Monsanto.The lawsuits allege that Monsanto knew or should have known of cancer risks, and yet, they aggressively marketed Roundup as perfectly safe to use. Not only did Monsanto fail to warn of the dangers of Roundup but they attacked independent studies which showed that glyphosate probably causes cancer in humans. Because of this, victims trusted Monsanto’s aggressive marketing claims that Roundup is safe and continued to use Roundup even after being diagnosed with cancer.
Isaacs & Isaacs toxic tort attorneys are standing by to help you 24/7. Call 502-822-5758 or fill out our form to speak with one of our Roundup lawsuit attorneys about your case. We will demand justice for your injuries and pain.
Monsanto May Be Found Guilty of Willful and Wanton Conduct
The legal definition of willful and wanton conduct is an injury that is either intentional or committed with reckless disregard for the rights and safety of others.The wrongdoer knows, or should know, that a grave danger exists and fails to exercise ordinary care to prevent injury despite a duty to act.
Roundup victims allege that Monsanto’s conduct in aggressively marketing Roundup weedkiller as safe to use despite evidence that it causes cancer and other serious injuries is, among other things, willful, wanton and reckless. When a person or entity’s flagrant disregard for the safety of others causes serious injuries, punitive damages may be allowed in most jurisdictions. Because punitive damages are intended to punish, these damages are usually high and are awarded in addition to compensatory damages.
Monsanto’s Roundup advertisement campaign has been aggressive. Monsanto continues to insist that Roundup is safe to use. In addition to their claims that their product is safe, Monsanto has failed to adequately test glyphosate [link to the Independent Scientific Tests of Glyphosate page]and has discouraged others from doing so. Moreover, Roundup contains other chemical ingredients that, when they interact with glyphosate, make the product even more deadly. Monsanto has never tested the entire chemical mixture together for safety. It’s common knowledge that, when you mix chemicals together, they may produce an effect that is dangerous. Most everybody who uses bleach knows not to mix it with other chemicals, and there’s a warning label on bleach. But most people do not know about how glyphosate reacts with other chemical ingredients in Roundup herbicide.
The manufacture and sale of pesticides is regulated under the Federal Insecticide, Fungicide and Rodenticide Act. FIFRA requires that pesticides be registered with the United States Environmental Protection Agency prior to distribution and use. The EPA requires companies to test their products for toxicity to living organisms and the environment. Registration depends on an evaluation of the potential hazards weighed against the potential benefits of a product. If a product is EPA approved, it doesn’t necessarily mean that product is completely safe.
Two companies that Monsanto used to test glyphosate were convicted of scientific fraud. Further, Monsanto pressured the EPA to change their original assessment of glyphosate from possibly carcinogenic to humans to evidence of non-carcinogenicity in humans.
Among other things, Monsanto produced studies which found different results than those the EPA used in their classification. However, even the safer EPA classification doesn’t mean a pesticide does not cause cancer. If anything, it states there isn’t enough evidence to make such a determination.
In what has amounted to a 40-year campaign of deception and misinformation, Monsanto has aggressively claimed that Roundup herbicide is perfectly safe to use. Monsanto continues to downplay the fact that, in the light of independent safety studies, Roundup is banned in several countries. Despite current bans, Roundup herbicide and Roundup Ready seeds continue to dominate the world market. Monsanto has aggressively opposed and tried to discredit any scientific studies on glyphosate whose results do not back up their fraudulent claims.
What Consequences Have People Suffered From Monsanto’s Deceitful Advertising?
Monsanto is persuasive in advertising their product as safe. The product does not warn of any health hazards beyond eye irritation if you get the product in your eyes. Because of this, people have continued to use Roundup even after being diagnosed with glyphosate cancer. Victims had absolutely no clue that the herbicide caused their grave illness until publication of a recent study by the World Health Organization’s International Agency for Research on Cancer.Victims have suffered a variety of serious injuries, including:
- Non-Hodgkin’s lymphoma
- Cutaneous T-cell lymphoma
- B-cell lymphoma
- Multiple myeloma (leukemia)
- Chronic lymphocytic leukemia
What Are the Specific Allegations Against Monsanto?
Below are just a few of the general allegations against Monsanto. There are many other claims, depending on the specific damages each victim has suffered.
Strict Liability (Design Defect)
At the time Monsanto released Roundup on the general public, and in the four decades since, the product posed/poses an extreme health risk that outweighs any benefit it provides. Monsanto did not adequately test the product(s) or its ingredients, including but not limited to glyphosate. Monsanto knew or should have known of the unreasonable dangers that its product posed to expected consumers who used Roundup according to label directions.
Strict Liability(Failure to Warn)
Monsanto knew or should have known (if it had done adequate testing prior to marketing) that Roundup is a carcinogen and poses a grave health risk to users. However, at no time during the 40 years Monsanto has aggressively marketed Roundup has it warned users of the risks of using the product. Monsanto has aggressively concealed risks of grave bodily harm from glyphosate. Monsanto has made numerous false claims regarding Roundup’s safety, which consumers relied on.
Monsanto owed a duty of care to people who used its Roundup weedkiller. Monsanto breached its duty of care by not warning consumers of the dangers of using the product. This breach of ordinary care caused grave injury to those who relied on Monsanto’s assurances that its product is safe to use as instructed.
Monsanto’s negligence includes but is not limited to:
- Inadequate testing of product, both pre-and post-market.
- Concealing test results, which indicated that glyphosate is a carcinogen.
- Failing to provide adequate safety instructions on the product label.
- Failing to warn users of health dangers from using Roundup.
- Actively suppressing test results that exposed glyphosate toxicity.
By marketing Roundup to the public for use as a herbicide and failing to include any warnings of possible danger in using the product as instructed, Monsanto implicitly guaranteed that the product was safe for ordinary use as a herbicide. This implied warranty of merchantability, which presupposes that a product is reasonably safe to use was violated. Hundreds of people who relied on Monsanto’s superior expertise and skill in testing the product prior to marketing have suffered serious injury.
Monsanto explicitly states that Roundup is safe to use in numerous marketing campaigns. Monsanto has suppressed information which disproves their safety claims. Monsanto has aggressively marketed all versions of their weed killer Roundup as safe to use. People who relied on their claims that their product is safe to use had no reasonable chance to avoid the injury they suffered as a direct result of using Roundup.
Monsanto failed to disclose that glyphosate and aminomethylphosphonic acid (AMPA), two ingredients of Roundup, can cause cancer. Monsanto failed to disclose that glyphosate and AMPA are genotoxic in humans and animals. Monsanto used fraudulent tests to achieve EPA registration of Roundup weed killer and failed to do post-marketing tests. Moreover, Monsanto actively suppressed all testing and evidence that Roundup causes cancer. It not only failed to warn consumers of the risks of using Roundup but it aggressively promoted Roundup as safe to consumers in multiple venues and aggressively opposed independent scientific studies that sought to warn people of the dangers of using Roundup.
Isaacs & Isaacs Will Demand Your Just Compensation
If you or your family member have suffered a serious injury such as non-Hodgkin’s lymphoma after using the weed killer Roundup, Isaacs & Isaacs will fight to get your just compensation. We want to help you hold Monsanto accountable for the injuries they cause regular people who trust their fraudulent claims regarding their product. Call our 24/7 hotline at 502-822-5758, or fill out our form for a free consultation with an experienced, dedicated and aggressive Isaacs & Isaacs toxic tort attorney.