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The federal government recently filed an amicus brief in support of Bayer AG’s arguments against a $25 million Roundup cancer verdict.
The Roundup lawsuit was filed by plaintiff Ed H. who alleged that Bayer’s Roundup weedkiller caused his cancer diagnosis with Non-Hodgkin’s lymphoma. Ed alleges that Monsanto, which recently merged with Bayer, failed to adequately warn about the cancer risk associated with Roundup.
The court originally ruled in Ed’s favor, unanimously granting him an $80 million verdict. Judge Chhabria cut that verdict from $80 million, finding that the $75 million in punitive damages included in the award was “constitutionally impermissible,” reducing those punitive damages down to $20 million instead, for a total award of $25 million.
However, Bayer has continued to fight this ruling, maintaining that glyphosate, the active ingredient in Roundup, does not actually cause cancer. Bayer cites the U.S. Environmental Protection Agency (EPA), which it notes has found glyphosate to not be a carcinogen, or substance capable of causing cancer. (However, other organizations, including the World Health Organization’s International Agency for Research on Cancer, considers glyphosate to be a known human carcinogen.)
Researchers at the University of Washington recently found that agricultural workers exposed to large amounts of glyphosate in the course of their occupation face a substantially increased risk of diagnosis with Non-Hodgkin’s lymphoma specifically.
Now, the federal government has gotten involved with its own amicus brief to back up Bayer’s claims. An amicus brief is a brief submitted to the court by someone who is not one of the parties involved in the litigation, but who has an interest in the outcome, and is considered a “friend of the court,” or amicus curiae.
“Plaintiff is wrong and his lawyers sailed directly into preempted territory in how they opted to try this case,” wrote the government lawyers in the amicus brief. “The plain terms of FIFRA’s prohibition expressly preempt state pesticide labeling requirements, regardless of whether those requirements are expressed through positive enactments or common-law duties.”
Filing a Roundup Cancer Lawsuit
If you or someone you love has been diagnosed with Non-Hodgkin’s lymphoma, chronic lymphocytic leukemia, or acute lymphocytic leukemia after exposure to Roundup—especially as part of your occupation for agricultural purposes, but also if you are a residential Roundup user with 10 or more lifetime uses, you may be able to file a lawsuit and pursue compensation.
Of course, filing a lawsuit cannot take away the pain and suffering caused by cancer diagnosis, nor can it bring a loved one back to life, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.
Filing a Roundup cancer lawsuit can be a daunting prospect, especially in the wake of a cancer diagnosis, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
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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