Compensation for Kentucky Roundup Users Who’ve Died of Cancer
As of June 2019, there have been three high-profile jury cases that have awarded billions to a handful of plaintiffs who all allege that they got cancer form Roundup. In all three cases, the plaintiffs said that they used Monsanto’s herbicide frequently over years and were highly exposed to glyphosate—the active ingredient in Roundup—and because of this, they contracted non-Hodgkin’s lymphoma (NHL) which is a form of cancer.
However, in all three cases, the victims were alive at the trial, and their damages was for living with cancer for the rest of their life. So what about those cases where the person exposed to Roundup has passed away?
Does Glyphosate Cause Cancer?
Before we can discuss whether the deceased can claim damages from getting cancer from Roundup, we need to look at whether Roundup causes cancer. Medical experts for the three plaintiffs who have successfully sued say that they believe that glyphosate “substantially increases the risk of getting non-Hodgkin’s lymphoma.”
The World Health Organization says that glyphosate is “probably” a carcinogen, and a study done the by the University of Washington that studied a bunch of other studies, concluded that “exposure to GBH’s (glyphosate-based herbicides) are associated with an increased risk of NHL.”
Monsanto—the company that developed and produces Round-up—says that in over 800 studies, the EPA and numerous governments all over the world have concluded that glyphosate is safe.
However, a trial is not about determining whether something is a scientific fact, rather it’s about answering a legal question, and in these cases, the questions was whether Monsanto is legally liable for the injuries caused by its product.
So that brings us back to talking about who can sue. If someone has died from NHL and has used Roundup, can they sue?
Wrongful Death and Roundup
The short answer is yes. If someone is injured by another person’s negligence, or by a product a company makes, then they can sue for injuries. If the person dies, then the family can sue for their loss. But they still have to prove that the cause of death was from NHL and that the NHL was caused by Roundup. This might be a bit more difficult without the victim around to testify about how much they used and what was the extent of their exposure.
However, that’s what lawyers are for. If there is sufficient evidence available that the shows there was significant exposure to glyphosate through using Roundup, then Monsanto might be found liable for the loss of a loved one.
Currently there are over 4,000 cases against Monsanto for people getting cancer after exposure to Roundup. Legal experts believe that these three trials show that Monsanto is vulnerable to numerous lawsuits that could do the same way, and the soon a class-action lawsuit will be filed and the company will then settle to avoid thousands of costly trials.
So, if you have lost a loved family member, you might be able to sue Monsanto for your losses.
Contact a Kentucky Wrongful Death Attorney Today
At Kaufman & Stigger, PLLC, we offer a free consultation and case evaluation that will give you a fair and unbiased evaluation of your case. If you feel that the loss of your family member was from exposure to Roundup, then you should at least talk to an attorney. Don’t try to go it alone, rather speak to and unbiased professional who knows the law. From there you can decide for yourself if you want to move forward. We work with clients in Louisville and across the entire State of Kentucky.