A new study confirming the link between glyphosate, the main ingredient in Roundup, and cancer recently appeared in the Journal of the National Cancer Institute.<\/p>\n\n\n\n
Roundup\/cancer lawsuits began in 2015, when the World Health Organization\u2019s International Agency for Research on Cancer (IARC) classified glyphosate, as a probable cancer-causing agent. Since then, a study stream of additional research suggests Roundup exposure increases the risk of non-Hodgkin\u2019s lymphoma and other cancers.<\/p>\n\n\n\n
In the latest study, researchers with the National Cancer Institute and the U.S. Centers for Disease Control and Prevention (CDC) looked at data involving 268 male farmers, and evaluated their lifetime occupational glyphosate use, and compared the findings to male non-farmers. Urinary oxidative stress levels were higher among farmers after both short-term and long-term exposure to Roundup, when compared to non-farmers who were not exposed to glyphosate. This study could undermine a key Bayer argument in these lawsuits, which is that only long-term exposure to Roundup causes cancer.<\/p>\n\n\n\n
\u201cOur study contributes to accumulating evidence supporting the role of glyphosate in oxidative stress among humans and provides insights into potential mechanisms underlying previously observed associations with some hematopoietic cancers,\u201d the researchers concluded.<\/p>\n\n\n\n
In March 2022, Bayer agreed to pay $11 billion to settle about 98,000 lawsuits. That breaks down to an average settlement of between $110,000 and $160,000 per victim.<\/p>\n\n\n\n
Why is the disparity of average settlement amount so great? The Roundup settlement features a detailed point-scoring system that places cases into different settlement tiers, based on the strength of claims and severity of injuries. The ranking system considers factors such as:<\/p>\n\n\n\n
\u00b7 Type of cancer,<\/p>\n\n\n\n
\u00b7 Exposure period,<\/p>\n\n\n\n
\u00b7 Treatment outcome,<\/p>\n\n\n\n
\u00b7 Victim\u2019s age, and<\/p>\n\n\n\n
\u00b7 Estimated earnings capacity.<\/p>\n\n\n\n
So, eligibility for a share of the settlement money doesn\u2019t guarantee maximum compensation. An attorney must still advocate for victims to receive their greatest possible compensation in these situations, even though a victim compensation fund claim isn\u2019t technically a legal claim.<\/p>\n\n\n\n
This settlement only covers certain Roundup lawsuits. An estimated 38,000 current cases are unresolved, and more victims are still filing claims. So, if you were injured by Roundup exposure, it\u2019s not too late to file a lawsuit and obtain a settlement.<\/p>\n\n\n\n
This settlement compensates victims for their economic losses, such as medical bills, and their noneconomic losses, such as pain and suffering.<\/p>\n\n\n\n
After losing the first three bellwether trials, Bayer has won the last six such trials. Two others settled almost literally on the courthouse steps. Bayer, like most other defendants, settles cases it doesn\u2019t think it can win and proceeds to trial if the evidence is weaker.<\/p>\n\n\n\n
The exposure period is usually the key piece of evidence in these matters.<\/p>\n\n\n\n
The greater the exposure period, the more likely it is that jurors will side with plaintiffs. Recently, the full 11th Circuit Court of Appeals agreed to review a panel decision that rejected Bayer\u2019s federal preemption argument. This argument states that if the federal government declares a product is safe, which it has done with glyphosate, that chemical is safe as a matter of law, and victims cannot challenge that finding in court.<\/p>\n\n\n\n
The Supreme Court refused to hear this appeal, and Bayer clearly hopes the full 11th Circuit will feel differently.<\/p>\n\n\n\n
Throughout 2022, Bayer lost the first three bellwether trials in a very dramatic fashion, lost two appeals, and agreed to create a huge victim compensation fund.<\/p>\n\n\n\n
As 2023 begins six consecutive trial wins and two confidential settlements suggest that Bayer\u2019s lawyers have, at last, developed a solid defense strategy. Furthermore, if the pending appeal goes Bayer\u2019s way, and that\u2019s a very big \u201cif,\u201d the effect could be a game-changer.<\/p>\n\n\n\n
Roundup victims could be entitled to substantial compensation. For a free consultation with an experienced lawyer, contact Napoli Shkolnik.<\/p>\n\n\n","protected":false},"excerpt":{"rendered":"
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