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The plaintiff had used the herbicide in his own yard. Doctors diagnosed him with non-Hodgkin lymphoma in 2020. His case was brought with allegations that the active ingredient in the weedkiller was glyphosate, which caused his cancer. He argued that Monsanto failed to warn him that the product was dangerous. His case is one of more than 60,000 similar cases. Bayer has paid around $10 billion to settle claims that the herbicide causes cancer and has set aside $5.9 billion to address legal proceedings.
Bayer had acquired Roundup when it took over the agrochemical company Monsanto in 2018. The German pharmaceutical and biotechnology group acquired Roundup as part of its $63 billion takeover of U.S. agrochemical company Monsanto in 2018. In response to this latest verdict, the company said it disagreed with the verdict, and claimed it was in conflict with an overwhelming amount of scientific evidence to the contrary, as well as the consensus of numerous regulatory bodies around the globe. It plans to appeal. Bayer has also said that it may stop selling Roundup if lawmakers don’t strengthen legal protections against product liability litigation.
In this case, the plaintiff pursued damages for Monsanto’s failure to warn of dangers that he believed injured him—failure to warn is a marketing defect—but product liability lawsuits may also be pursued for manufacturing and design defects. We may be able to pursue damages in a failure to warn or other product liability lawsuit using theories of negligence, strict liability, breach of warranty, breach of contract, or statutory violations. Every state follows its own rules about which theories can apply in this type of lawsuit, but in most cases, the theory most favorable to plaintiffs is strict liability. This theory requires us to show: (1) there was a defect in the weedkiller, (2) the weedkiller caused you injuries (such as cancer), and (3) the injuries resulted in actual damages.
Consult a Seasoned Chicago-Based Product Liability Attorney
You may wish to seek damages in a product liability lawsuit, if you developed cancer as a result of using or being exposed to Roundup. It’s important to seek seasoned legal counsel. Please call our experienced Chicago-based trial attorneys about your legal options. Complete our online form or call us at 312.462.1700.