Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
Roundup is a popular weedkiller in the United States. From farmers to backyard gardeners, people from all walks of life use up to 280 million pounds of the product every year to spray and kill unwanted plants in the yard. This is viewed as an easier and more permanent solution than manually pulling weeds.
However, the chemicals used to make Roundup are toxic to humans and several individuals have filed lawsuits against the parent company Bayer AG claiming that their cancer and other illnesses were caused by exposure to this product.
People who were exposed to Roundup and subsequently diagnosed with cancer may be entitled to financial compensation, depending on several factors related to their case. Let’s take a look at those factors and how current lawsuits against Roundup may affect future plaintiffs who were harmed by this product.
Which Types of Cancer Are Linked to Roundup?
One of the active ingredients in Roundup is glyphosate, which was labeled “probably carcinogenic to humans” by the International Agency for Research on Cancer (IARC) in March 2015. While this decision was based on limited evidence linking glyphosate to cancer in humans, there was enough proof of the toxicity of the chemical to give it this warning label.
Exposure to glyphosate-based herbicides increases your chances of developing non-Hodgkin lymphoma, which is a type of cancer that forms in your lymphatic system and affects your blood cells and bone marrow. A few types of non-Hodgkin lymphoma found in people exposed to Roundup include:
- B-cell lymphoma;
- Lymphocytic leukemia;
- T-cell lymphoma.
Patients who experience these types of lymphoma and leukemia could develop swollen lymph nodes, chronic fatigue, unexplained weight loss, abdominal pain, breathing difficulties, and chest pain — just to name a few symptoms.
Who Is at Risk of Roundup Exposure?
While the average home gardener could be at risk of Roundup exposure, the types of people who are likely to be overwhelmed by this toxic chemical are professionals who handle it every day. A few potential professionals who are at risk of glyphosate poisoning include:
- Landscapers: People who maintain the yards and grass in commercial and residential areas.
- Gardeners: People who spend the day working with plants and sorting desirable flowers and shrubs from weeds.
- Farmers: Professionals who grow crops and support the American food supply.
- Maintenance professionals: People who take on a variety of maintenance tasks including gardening and yardwork.
Each of these individuals handles Roundup daily or at extreme levels. For example, farmers need to use an extensive amount of Roundup to clear several acres of land. The more these professionals use RoundUp, the higher the risk they have of developing medical conditions associated with the product.
Who Is Eligible To File a Roundup Lawsuit Claim?
Just because you used Roundup in your yard or garden doesn’t mean you can file a lawsuit against the company. Plaintiffs often need a cancer diagnosis and proof that they used this chemical ahead of developing medical conditions.
Proving causation isn’t easy. Some courts will ask about other factors in your life to see if cancer or other diagnoses could have come from another source. Victims often need to consult with medical professionals to prove that Roundup was likely the reason they developed cancer.
What Is the Average Payout for a Roundup Lawsuit?
Hundreds of thousands of people have filed claims against Bayer saying the company knew the weedkiller had cancerous properties but refused to warn consumers. Payouts continue to vary depending on the number of claimants and the cases presented to the courts. However, legal experts say plaintiffs are paid, on average, around $160,000 each.
Bayer has set aside funds for future claimants. ConsumerNotice.org estimates that plaintiffs in the future will receive between $5,000 and $200,000 per person.
What Factors Affect the Size of Roundup Settlements?
Every case is different, which means your settlement size will vary significantly depending on a list of factors. Here are a few factors to consider when evaluating the size of Roundup settlements:
- Amount and duration of exposure: proof of greater exposure could potentially lead to higher settlement amounts.
- Plaintiff’s health: Higher levels of damage could lead to higher settlements.
- Quality of life: If the plaintiff can prove significant disruption, they can potentially increase their settlement.
- The proof of causation: Plaintiffs need to prove the causation of their cancer diagnosis, not just correlation to win their case.
- The number of plaintiffs: If your case is combined with other plaintiffs, your settlement might need to be divided by each of you.
There are also secondary factors to consider, like the court that is convened for the case. Two very similar cases could have different settlements depending on the judge and jury involved.
Roundup Settlement Updates
While many Roundup lawsuits have already been resolved, new claims are still being accepted. Other suits have been filed across the country for similar medical damages. Here are a few notable settlements to review:
- June 2020: Roundup settles 100,000 cases and offers $10.9 billion to victims.
- May 2021: A California judge rejected a $2 billion settlement offer from Bayer. The company wanted to put these lawsuits behind them permanently; however, the judge believed the amount wasn’t high enough.
- October 2023: A cancer patient was awarded $332 million in San Diego.
- January 2024: Another cancer patient in Philadelphia was awarded $2.25 billion.
Notably, in a recent case against Bayer, the company claimed that since the government approved the product for consumer use, it should be considered safe and the company shouldn’t be liable for any harm the products caused. However, this claim was dismissed by a three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals. This means suits against Bayer can move forward. Bayer has lost similar cases in other states that claimed the same protections.
What Proof Do You Need for a Roundup Lawsuit?
The first part of filing a claim is gathering evidence, and there are a few things you need to bring a suit against Bayer. First, you must show that you used Roundup. This can be done by providing individual purchase receipts or showing that your employer used this product.
Next, you must prove that using the product led to a health condition or other medical concern. In most cases, victims will file a lawsuit against Monsanto if they have a cancer diagnosis.
You will need to show that the use of Roundup was a significant reason why you developed cancer and that the diagnosis impacted your life negatively. Medical records, doctor testimonies, and other related documents are all useful to support your case.
The good news is that you do not need to file a claim on your own. Working with an experienced tort lawyer can help you move your case forward. Your legal representation can help you gather the evidence and documents you need to bring a case against Bayer.
How To File a Roundup Lawsuit Claim
If you developed cancer after using Roundup, start the process of filing a claim. This form is easy to fill out and can give your legal team the information we need to understand your case. From there, your legal team can assist you all the way to the final verdict.