Personal Injury Law Podcast by Rosenfeld Injury Lawyers

Personal Injury Law Podcast by Rosenfeld Injury Lawyers


19. Roundup Lawsuit Update 2021

August 23, 2021

In this episode Jonathan Rosenfeld chats with Bryce Hensley an Attorney at Romanucci & Blandin, LLC Here, they discuss:


Roundup Lawsuit Update 2021


 


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Jonathan Rosenfeld:



Hello everybody. I am Jonathan Rosenfeld. And today I am joined by attorney Bryce Hensley, and we are going to talk about the Roundup litigation, the 2021 updates with respect to the Roundup Weed Killer litigation. Bryce, thanks for joining me today.


Bryce Hensley:


Thanks for having me, John.


Jonathan Rosenfeld:


Now, Bryce, one of the largest emerging trends in mass torts in the past several years involves Roundup Weed Killer, and specifically the correlation between non-Hodgkin's lymphoma and use of Roundup. Bryce, many people have contacted our office in relation to these cases and one of the ongoing things they ask is really what is the status of these cases? People have been watching the news, they see a lot of headlines, but can you sort of bring this up to date with the status of the Roundup cases in 2021.


Bryce Hensley:


Right now the status of the Roundup litigation is there have been cases pending for over five years in various courts across the country, those include California, St. Louis, here in Chicago and various other states. There've been three trials that have proceeded in California that resulted in such decisive victories for Roundup users against the manufacturers that those companies, which is Monsanto and Bayer, the company that purchased Monsanto, has set aside billions of dollars for Roundup users to settle their claims, which typically involve non-Hodgkin's lymphoma or various subsets of that type of cancer.


Jonathan Rosenfeld:


So at this point, one of the followups that we're seeing with a lot of these potential clients is they're reading these news headlines that Bayer has set aside billions of dollars to resolve these cases. And obviously if you have a potential case, one of the followup questions that a lot of people are asking is really what is the settlement amounts per person when it comes to the Roundup lawsuit. Everything is ultimately about dollars and cents here and if someone's looking at this and saying, hey, Bayer, put aside all this money, how does that translate into what I'm going to get?


Jonathan Rosenfeld:


What is my piece of the pie? How would you respond to that? And what type of monetary recovery are we looking at here possibly?


Bryce Hensley:


Well, if you have been diagnosed with a form of cancer and you've used Roundup in the past, my first recommendation would be to reach out to an attorney, an attorney experienced in handling these types of cases. Our office has handled over dozens of cases, and we've also settled a case involving Roundup exposure. Each case is different though. And so the settlement values are really going to depend on a number of things, which include your diagnosis, the amount of Roundup you used, the extent of the treatment you received, the type of the treatment you received, your age and a number of other factors that may increase or decrease the value of your potential settlement.


Jonathan Rosenfeld:


Bryce, one of the things that I want to also ask you as sort of a follow up here is you mentioned that these cases have been going on now for years. In terms of the time to file a lawsuit and the time to file a Roundup lawsuit, ultimately everything is governed by a statute of limitations, a time requirement that you have to file a lawsuit. How are you looking at the statute of limitations with respect to potential Roundup cases?


Bryce Hensley:


John, that's a great question. There is still time to bring Roundup lawsuits, but there's two important things that have to be taken into consideration as to why people should move forward and call an attorney immediately. The first you already referenced, which is the statute of limitations. Every state in the United States has what's called a statute of limitations. That's a time period that governs the amount of time where you can actually file a lawsuit and move forward. Now that varies from state to state, and it's important to reach out to an attorney who has knowledge of various state statute of limitations.


Bryce Hensley:


What also may come into play there is when you first found out about the potential connection between Roundup and your cancer diagnosis. And a second important reason why it's important to reach out to an attorney immediately is because while these companies have set aside billions of dollars, there are also tens of thousands of individuals who have filed claims or filed lawsuits or are currently pending around the country. So it's important to reach out immediately before that money gets dispersed to other people.


Jonathan Rosenfeld:


Who qualifies to bring around a case? A lot of times people may be watching these videos and they may be saying to themselves, hey, I may not have a diagnosis of non-Hodgkin's lymphoma or a different type of cancer, but my family member is. Who qualifies under the guise, the parameters of the Roundup litigation to file a lawsuit?


Bryce Hensley:


Anybody who had exposure to Roundup could qualify for a potential settlement. These could be landscapers. These could be farmers, or these could be individuals using Roundup around their homes. Now whether or not you qualify also depends on the type of cancer diagnosis that you have. Roundup settlements typically resolve when an individual has exposure to the product and was diagnosed with non-Hodgkin's lymphoma or one of its subsets. Now whether or not an individual qualifies is ultimately going to depend on their diagnosis and then the value of that claim is going to depend on a number of things, including the type of diagnosis, the age that an individual was diagnosed.


Bryce Hensley:


It's going to depend on their Roundup, use the type of Roundup use that they had, and it's going to depend on a number of other risk factors that ultimately are used to determine the value of the case.


Jonathan Rosenfeld:


So the bottom line is if you think you have a potential Roundup case, now is the time to really take action and really contact an attorney. If you've been sitting on the sidelines watching this play out, now is really the time to act. Bryce, I want to ask you, can you give us an idea of the volume of cases that have been filed, the volume of Roundup lawsuits that have been filed?


Bryce Hensley:


Right now, there are tens of thousands of lawsuits involving Roundup of exposure pending around the country. In fact, it's believed that the number may even exceed 100,000 cases. Our office is handling many of these cases all over the country in various states, and we're currently evaluating settlement opportunities in those cases. But because there's so many cases, it's important that you reach out to an attorney immediately. While all these companies have set aside billions of dollars to settle Roundup claims, there are thousands of people out there and that money can disappear pretty fast.


Jonathan Rosenfeld:


Now, if someone's watching this video and they're saying to themselves, well, I think I have a case. I've got a diagnosis of non-Hodgkin's lymphoma. I may have lived in an agricultural area when I was younger. I may have used Roundup. But you know what, I mean, that was three houses ago. I don't have the product anymore. What would you tell those people about, how you would essentially show the evidence that you would use to show that they actually used and were exposed to Roundup if they don't have the product anymore?


Bryce Hensley:


 


Well, John, that's a great question. There are a lot of people out there who no longer have any proof of their Roundup use. They may have thrown out the Roundup. They may have tossed out the receipts. They may have never gotten the receipts in the first place. But in the Roundup litigation, what many individuals have done is they filled out what are called affidavits or sworn statements attesting their Roundup use, or they may have a family member fill out an affidavit or a sworn statement attesting to their Roundup use.


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