A lawsuit has been filed against Monsanto Company, makers of the popular herbicide Roundup, by a man who alleges that the company was neglectful in its warnings to consumers, and this failure to warn led to his developing cancer.

Plaintiff Gary C. states that “Roundup and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and proper warnings and directions as to the dangers associated with its use.” He states that the failure of Monsanto to warn about a Roundup cancer risk ultimately led to his disease.

Glyphosate is a liquid that is sprayed on plants as a non-selective herbicide, killing all plant matter indiscriminately if it has a particular enzyme known as EPSP synthase. Roundup inhibits this enzyme from working by interfering with the shikimic pathway in plants. Inhibiting this enzyme causes shikimic acid in the plants to build up and causes the plant to die.

Roundup is used on commercial crops, in commercial nurseries, and lawns, parks, golf courses and landscaped areas and is used to spray a large majority of fruits, vegetables and grains that are available in stores today, unless they are specifically marked as organic.

Genetically engineered crops are designed to withstand glyphosate’s activity and can resist being killed by the product. In this way, Roundup can be sprayed on genetically modified crops and not kill the crop itself but can kill the weeds surrounding the plants.

Monsanto has always maintained that the product is not harmful to humans, stating that humans do not possess a shikimic pathway. However, it has been recently discussed by researchers at MIT that the gut flora present in our microbiome do have this pathway. The gut flora influences the body’s immune system, and a proper balance with sufficient good bacteria is necessary for optimal immune health.

Researchers Anthony Samsel and Stephanie Seneff have found that glyphosate’s disruption of gut bacteria may be linked to obesity, autism, diabetes, and infertility; celiac sprue and gluten intolerance; and neurological diseases such as Alzheimer’s Disease and Parksinson’s Disease, and more. Roundup lawsuits like Gary’s are alleging that serious diseases like these have resulted from Roundup use.

The lawsuit alleges that Monsanto knew of the Roundup cancer risk as early as in the 1980s, yet failed to disclose this information for decades. Recently, IARC, the International Agency for Research on Cancer declared Roundup a probable carcinogen. Several studies have linked the Roundup cancer risk specifically with non-Hodgkins’s lymphoma.

Gary’s Roundup lawsuit states that he sprayed Roundup as part of his work as a project superintendent for more than two decades. He was diagnosed with non-Hodgkin’s lymphoma in June 2015. “As a result of Plaintiff’s exposure to Defendant’s Roundup, Plaintiff suffered and continues to suffer injury and treatment from his non-Hodgkin’s Lymphoma including, but not limited to, several cycles of chemotherapy, complications from the chemotherapy treatments and ongoing monitoring by his oncologist,” the Roundup lawsuit states.

The lawsuit goes on to state that “[a]s a result of his injury, Plaintiff has incurred significant and continuing economic and non-economic damages.” Gary has brought forth a number of allegations against Monsanto including negligence, strict products liability for design defect and failure to warn, breach of implied warranties,& breach of consumer protection statutes.

Gary is seeking compensatory damages for pain, suffering, emotional distress, loss of enjoyment of life, severe and permanent personal injuries including healthcare costs and economic loss, medical expenses, out of pocket expenses, lost earnings, punitive and/or exemplary damages, pre- and post-judgment interest, attorneys’ fees and costs, and any additional relief the court deems just and proper.

The Roundup Cancer Risk Lawsuit is Case No. 1:17-cv-00819-RGA, in the U.S. District Court for the District of Delaware.

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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