A MALT lymphoma lawsuit was filed on Sept. 29, 2017 in U.S. District Court for the Southern District of California by plaintiffs Reuben H. and Martha H. The named defendant in this case is the Monsanto company, discoverer of glyphosate and producer of the herbicide using this chemical and marketed under the trade name Roundup.
Reuben H. currently resides in Calexico, Calif. and is a long-time resident of the state. Reuben believes exposure to Roundup is the direct cause of his extranodal marginal zone lymphoma, diagnosed in October 2015. This lymphoma, which affects mucosa-associated lymphoid tissue, is also known as MALT lymphoma.
Most of Reuben’s exposure to Roundup occurred in California. According to the narrative of the MALT lymphoma lawsuit, his exposures to the Monsanto herbicide were located as follows:
1974 to 2012: Imperial Valley, Blythe, Salinas, Calif.; Yuma, Phoenix, Wilcox, and Elfrida, Ariz.
1987 to 2017: Calexico, Calif.
As alleged in the facts section of the legal documentation, Monsanto convinced the consuming public that glyphosate, the active ingredient in Roundup, was safe to use, and allegedly withheld evidence to the contrary for close to 40 years.
The plaintiffs state that the chemical giant played with data to make it look favorable to their cause. In addition, Monsanto attacked studies that seemed to show otherwise and questioned the science behind them.
According to the documentation of this MALT lymphoma lawsuit, the World Health Organization (WHO) has identified glyphosate as a likely cause of cancer.
According to the complaint, the persons most at risk for developing cancer from glyphosate are those workers who directly handle glyphosate containing products as part of their everyday work life such as nursery workers, farm hands, landscapers, and retail garden center workers.
Reuben became aware of this information on July 29, 2015. It was the first time he had heard that the use of Roundup’s key ingredient could be injurious to one’s health.
The plaintiff says he frequently bought and used the herbicide for use on his property in Calexico for close to 42 years. He had also used the product as a farm laborer in other listed locations without concern. He had no reason to be concerned.
Reuben H. and Martha H., a married couple, are bringing the following counts in this MALT lymphoma lawsuit against the Monsanto company: Count One – Strict Liability, Design Defect; Count Two – Strict Liability, Failure to Warn; Count Three –Negligence; Count Four –Breach of Express Warranty; Count Five – Breach of Implied Warranty of Merchantability; Count Six – Loss of Consortium.
The couple is asking for compensatory damages in an amount that seems fair and appropriate to the evidence presented at trial. They are also asking for punitive damages to be assessed against the Monsanto Company for their allegedly fraudulent manipulation of the facts and data to gain a profit without concern for human cost.
Reuben H. and Martha H. ask for all costs to be assessed regarding litigation expenses, court fees and attorney fees and for those costs to be returned to them as part of their award in a positive outcome.
The MALT Lymphoma Lawsuit is Case No. 3:17-cv-02009-CAB-JLB in U.S. District Court for the Southern District of California.
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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