By Tracy Colman  |  December 12, 2019

Category: Legal News

Spraying herbicide on bushAccording to a Roundup lawsuit filed in the Supreme Court of Nova Scotia on July 4, plaintiff David M. was diagnosed in September 2014 with a type of non-Hodgkin lymphoma known as Waldenstrom’s macroglobulinemia.

David, a resident of Cape Breton, Nova Scotia, had allegedly used the brand name herbicide over the course of many years beginning in 1988 when he owned a 50-acre sheep farm. He says that his use of Roundup is linked to the development of the disease.

The Roundup lawsuit spells out years of exposure that David had had to the herbicide’s active ingredient glyphosate.  For the six years from 1988 to 1994, he says he applied Roundup using a hand sprayer daily for three months out of each year. During application, he says he would wear rubber boots, gloves, and coveralls. The Roundup lawsuit claims that the complainant made the herbicide choice based upon availability and advertisements which indicated its safety.

For the next eight years until 2002, David says he used Roundup on a sizable dairy farm he purchased and ran in Pictou County, Nova Scotia. He alleges his application schedule was daily for three months in the spring along the property’s perimeter delineated by an electric fence and on a spot basis throughout the pasture area. He would also apply Roundup briefly in the fall.

For the two years from 2002 to 2005, the plaintiff says he moved to New Zealand in order to work on three separate dairy farms. As part of his routine, he would spot spray pastures daily to bring weeds under control after milking cows in the morning. David says he moved back to Nova Scotia in 2005 and purchased a combination orchard and vineyard. It was here he applied Roundup using a spraying machine and hand sprayer donning a sealed suit, but no mask.

In 2010 and 2011 respectively, David worked on a cranberry bog and vineyard. In both locations, he remembers using a hand sprayer to apply the herbicide daily during the spring. He used mask, lightweight suit, gloves, and boots as protective equipment during the application. The vineyard is the last location indicated that the plaintiff used Roundup.

The legal claim against Bayer and Monsanto states that after a period of watchful waiting by medical professionals, David underwent immunotherapy for his version of non-Hodgkin lymphoma. Immunotherapy is a general term used to describe therapy which boosts the patient’s own immune system to fight their cancer. An example of this is T-cell transfer therapy in which immune cells are taken from a tumor, strengthened and grown in a lab in large batches and returned to the body.

Following immunotherapy, the plaintiff says he was subjected to six months of chemotherapy which left him weak and fatigued, chronically nauseated and suffering from peripheral neuropathy. David says he failed to anticipate the extent to which his use of Roundup would ultimately affect his life.

Meanwhile, Bayer is purportedly engaging in settlement conversation while maintaining the safety of their product. The company, which bought Monsanto, is now facing 42,700 lawsuits over Roundup in the U.S. alone. This number is reportedly only expected to grow in the next few months.

If you or a loved one developed cancer after using Roundup as a farm worker or home gardener, you may have a legal claim. Legal migrant farm workers may also seek help. Learn more by filling out the form on this page for a FREE case evaluation.

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