Plaintiff Tara D., mother of two, filed a Roundup lawsuit in U.S. District Court for the Eastern District of Louisiana on Aug. 14, 2017 against the Monsanto Company, alleging her husband got cancer from Roundup.
Her late spouse, Dan D., purchased Roundup in the state of Louisiana and, according to the allegations in the legal documentation, came down with non-Hodgkin’s lymphoma because of its use.
Dan was, at the time of he came down with cancer from Roundup, a resident of Tangipahoa Parish, La. After his demise, Tara D. moved with her children to Independence, La.
The Monsanto Company, named defendant in this Roundup lawsuit, is headquartered in St. Louis, Mo. and is organized under the laws of the tate of Delaware. A chemist employed by the Monsanto Company named John Franz identified the herbicidal nature of the chief ingredient in Roundup, glyphosate, in 1970 and the company began its intensive marketing of the product under its current name in the mid-1970s.
According to the Roundup lawsuit, the possibility of getting cancer from Roundup became evident when the Environmental Protection Agency (EPA) identified glyphosate as a chemical that could be considered a human carcinogen in 1985.
The Monsanto Company allegedly got the EPA to change this classification after providing the environmental oversight agency with numerous studies out of its records in 1991 — studies the plaintiff alleges were biased in the company’s favor.
In February 2016, the Food and Drug Administration (FDA) announced that they intended to start testing the nation’s food supply for glyphosate residue. The foods that were to be tested initially were soybeans, corn, milk, and eggs.
Two years prior, the Government Accountability Office (GAO) had come down hard on the FDA’s failure to follow through with monitoring pesticide residue and releasing that information to the public. Evidently, at least glyphosate is absorbed down to the entire root system of the plant, meaning that no amount of washing, peeling, milling, or baking will remove it.
Development of Cancer from Roundup
According to Tara, Dan D. used Roundup on his family farm for close to thirty-five years. He was diagnosed in Aug. 2016 with cancer from Roundup, Tara claims. He passed away from this disease less than a year later on June 21, 2017. The complaint says taht after many years of using the product unknowingly, Dan learned of the risk of cancer from Roundup in 2015, after the International Agency for Research on Cancer (IARC) published a study on glyphosate.
His surviving spouse, plaintiff Tara D., brings the following counts against Monsanto: Count One – Design Defect, Strict Liability; Count Two – Failure to Warn, Strict Liability; Count Three – Negligence; Count Four – Breach of Express Warranty; Count Five – Breach of Implied Warranty of Merchantability; Count Six – Wrongful Death; Count Seven – Survival Action.
Tara D. on behalf of her minor children is asking for compensatory damages, punitive damages, a return of all litigation expenses including court costs, and attorney’s fees.
The Roundup Cancer Lawsuit is Case No. 2:17-cv-07820-EEF-JCW in the U.S. District Court for the Eastern District of Louisiana.
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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