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Bronx Personal Injury & Real Estate Blog

Friday, August 31, 2018

Monsanto Loses in Weed Killer Cancer Lawsuit

Q: Can I sue Monsanto for cancer caused by exposure to its weed killer?

Toxic tort litigation lawyers help those who become ill or are injured from exposure to harmful substances. Very often, the toxic tort claim arises from occupational exposure to hazardous substances or toxins such as asbestos, benzene, pesticides, and toxic mold. And now, Glyphosate.

Glyphosate is an active ingredient in a well-known weed killer called Roundup™--a product of a company called Monsanto. In 2015, the chemical was classified as a "probable human carcinogen" by the International Agency for Research on Cancer and has been added to California's "list of chemicals known to cause cancer". But the United States Environmental Protection Agency has reportedly determined it is safe "when used in accordance with label directions".

Toxic tort lawsuits are a subsection of personal injury law.

Personal injury lawsuits arise when a person or entity is liable for causing and/or contributing to a victim’s serious illness or injury by acting in a negligent, reckless, or malicious manner.

Once liability is established, compensatory damages may be awarded for such things as current and future medical expenses, current and future lost income or diminished earning capacity, pain and suffering, and other damages which differ from state-to-state and from case-to-case. In particularly egregious instances, punitive damages—which are designed to punish the responsible party and deter future similar injuries-- may be awarded.

In the first of what is expected to be thousands of cases alleging this product causes cancer, a former school groundskeeper who reportedly sprayed the product from 50-gallon tanks as part of his employment blames the product for causing and or contributing to his cancer. He alleges that he would get covered by it in gusty winds and once had his whole body "soaked" by the weed killer when a hose broke.

He also claims he was never warned by the company or by the product’s label that it could cause cancer even after he developed a rash and contacted the company. He is reportedly dying from non-Hodgkin's lymphoma.

He was awarded $39 million in compensatory damages and $250 million in punitive damages after a jury found "the product contributed to [his] cancer and the company should've provided a label warning of the potential health hazard”. Monsanto attorneys intend to appeal the verdict allegedly relying among other things on "hundreds of studies" that the product is safe.

If you or a loved one has become ill or injured as a result of exposure to a hazardous substance--whether on the job or elsewhere--the toxic tort litigation attorneys at the Law Office of Ryan S. Goldstein, PLLC may be able to maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in the Bronx New York, we represent victims and their families throughout New York City and New York State as well as those injured while visiting New York.


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