Last week, a jury in San Francisco, California returned a whopping $289,000,000.00 verdict against Monsanto Company, a subsidiary of Bayer AG. The jury’s verdict was in favor a terminally-ill man who alleged he developed stage IV Non-Hodgkin’s lymphoma as a result of repeated exposure to Roundup, a weed killer regularly used by farmers, gardeners, and landscapers and made by Monsanto, while working as a groundskeeper for a school district. The plaintiff claimed that Monsanto has known for years that exposure to Roundup increases the risk of developing cancer, yet the company failed to warn the public of the risks. The jury’s verdict consisted of $39 million for compensatory damages, which are meant to compensate a plaintiff for lost wages, medical bills, and pain and suffering. The remaining $250 million consisted of punitive damages. Unlike compensatory damages, punitive damages serve to penalize, punish, and/or deter wrongdoers for intentional or conscious wrongdoing.
Given the prevalent use Roundup by both commercial and residential consumers, it is likely that last week’s verdict is the first of many lawsuits involving Roundup. In fact, it is estimated that there are over 4,000 cases against Monsanto Company currently pending in courtrooms throughout the United States, involving allegations that Roundup causes cancer. Some observers have even suggested that Roundup litigation will be akin to the lawsuits against Big Tobacco that were prevalent in the 1990s.
What Laws Apply in Georgia?
When a company creates a dangerous product even though a safer alternative design exists, or fails to include appropriate warnings and it causes a person to become injured or die, the person may seek damages in civil court. Under Georgia law, companies have a duty to make products that are safe for consumer use. Where a product is defectively designed and causes a user’s injury, the company can be held liable in a court of law. In addition, Georgia law also requires companies that sell products in Georgia to include appropriate warnings if the product poses a risk to a user’s healthy, safety, or well-being.
What Should I Do Next?
While each case depends on its facts, if you or a loved one have worked with Roundup in the past at home or at work and recently been diagnosed with cancer, you may be entitled to compensation. Such compensation can include money for past and future medical bills and treatments, money for lost wages, payment for lost ability to work, compensation for pain and suffering, and money for the premature death of a loved one. The attorneys at Glass & Robson will provide a risk-free, no-obligation review of your potential case and whether you qualify to file a Roundup cancer lawsuit. The consultation is confidential and you will not be charged costs upfront or attorney fees unless you receive compensation. As with all personal injury cases, various time deadlines apply for filing suit. The failure to comply with these deadlines could result in a legitimate claim being time-barred. Therefore, you should not delay in contacting a qualified attorney to protect your legal interests. Please call our office at (404) 751-4702 to request a free consultation or to speak with one of our knowledgeable staff.