Insight

Roundup, Dangerous Products

In recent years, there’s been a significant increase in product liability lawsuits filed in California.

Dangerous Products in California
JF

Joseph Fantini

April 3, 2019 05:12 PM

Companies Accused of Concealing Health Risks in Product Liability Lawsuits

Despite safety regulations, dangerous products are everywhere. Consumers injured by these products are not staying quiet. Instead, they’re turning to the legal system for help. In recent years, there’s been a significant increase in the number of product liability lawsuits filed against large corporations. Many of these lawsuits accuse companies of concealing health risks in order to increase profits.

Roundup Lawsuits Making Waves in California

Roundup is the most widely used pesticide in the world. It’s also the most controversial. Studies suggest that the weed killer’s active ingredient causes cancer. Monsanto, now Bayer, refuses to acknowledge that this may be true. Instead, the company has gone to great lengths to market its popular weed killer as a safe and friendly chemical.

Monsanto’s reluctance to consider the very real problems associated with glyphosate and Roundup has landed it in hot water. The company is currently named in more than 11,000 Roundup injury lawsuits. Most of the lawsuits have been filed by individuals who were diagnosed with cancer after being exposed to Roundup. The plaintiffs accuse Monsanto of not only failing to warn about known health risks, but intentionally misleading the public about how safe their pesticide really is.

Roundup Weed Killer Linked to Increased Cancer Risk

Several scientific studies have found a link between exposure to glyphosate and cancer. Specifically, individuals who are exposed to glyphosate are much more likely than others to be diagnosed with non-Hodgkins lymphoma (NHL). One study suggested that exposure to glyphosate can increase the risk of cancer by as much as 41 percent.

The greater your exposure, the more likely you’ll be diagnosed with terminal cancer. The risk is greatest in individuals who work with and around the chemical, including farm workers, agriculture workers, landscapers, and groundskeepers. Studies have also shown increased rates of NHL in individuals who live in areas where Roundup is regularly sprayed.

The link between glyphosate and cancer is so strong that the World Health Organization has even classified the chemical as “probably carcinogenic to humans.”

Monsanto Sued for Manipulating Science and Public Opinion

Despite a growing body of research showing a link between Roundup and cancer, Monsanto has remained adamant that its pesticide is safe. However, there is evidence to suggest that Monsanto has known about the dangers associated with Roundup for more than 45 years.

Instead of taking this evidence to consumers and letting them make informed decisions, the company went in a different direction. Internal documents uncovered in early Roundup litigation indicates that Monsanto asserted undue influence over American regulatory agencies, manipulated the outcome of scientific studies, and buried information that could harm sales.

Plaintiffs in Monsanto Roundup lawsuits claim that the company acted maliciously and put profits over health. As a result, they didn’t know about the dangers of being exposed to Roundup. Now thousands of families are struggling with devastating cancer diagnoses. Many plaintiffs are not expected to survive.

Juries Siding With Plaintiffs in Early Roundup Litigation

Two Roundup lawsuits have already gone to trial. A third is scheduled to begin at the end of March. Early results indicate that juries are inclined to believe that (a) glyphosate causes cancer and (b) Monsanto is responsible.

In the very first Roundup trial, a jury awarded a California man $289 million in damages. The award included $250 million in punitive damages. The jury not only believed that exposure to Roundup caused the man’s cancer, but that Monsanto intentionally buried the health risks.

After this devastating loss, Monsanto petitioned to have future trials broken into two phases. First, juries would have to decide whether or not glyphosate was a “substantial factor” in the plaintiff’s cancer diagnosis. Trials could then only proceed to a second phase, considering Monsanto’s liability, if the jury believed Roundup caused cancer.

The company hoped that this dual approach to litigation would yield more positive results. However, it appears as if their efforts have been unsuccessful. The first phase of a second Roundup trial concluded recently. There, the jury unanimously found that glyphosate caused the plaintiff’s cancer. Now the trial will continue to the second phase, where the jury will consider Monsanto’s role and liability.

If Monsanto continues to lose at trial, it may have to reconsider its stance on glyphosate and cancer. At the very least, the company might be forced to settle outstanding lawsuits to preserve what little of its reputation is left.

Dangerous Products Continue to Plague California

Roundup isn’t the only dangerous product to make the rounds in California. Over the past few years, tens of thousands of Californians have been harmed because of defective medical devices and pharmaceutical drugs. This is true, despite the fact that companies have a legal obligation to make sure that the products they develop and sell are safe. Unfortunately, it appears as though companies are more interested in protecting their bottom line than consumer health.

Proton pump inhibitors, a type of medication used to treat heartburn and ulcers, have been problematic in recent years. The controversy surrounding PPIs isn’t much different from that surrounding Roundup. Pharmaceutical companies have been accused of aggressively marketing their best-selling drugs, despite knowing about serious and potentially life-threatening health issues.

Several studies suggest that taking a PPI, such as Prilosec or Prevacid, can increase the risk of developing acute kidney injury and chronic kidney disease. In fact, researchers believe that long-term PPI use is one of the leading causes of “drug-induced” kidney damage in the world.

Unfortunately, the drug companies behind these controversial PPIs haven’t disclosed the risks to consumers. As a result, they’ve deprived patients of the right to make informed decisions about their health. Now PPI drug companies, like Monsanto, are being held accountable in court. A rising number of proton pump inhibitor lawsuits are being filed in courts across the nation.

Get Help If You’ve Been Harmed By a Dangerous Product

You have the right to know about health risks associated with products you’re exposed to or use. If a company fails to warn you about known risks or hazards, you may be entitled to compensation. Do not hesitate to contact an experienced personal injury attorney to find out if you have a legitimate product liability lawsuit on your hands. A successful lawsuit can hold companies accountable for harm you’ve experienced and allow you to recover the money you deserve.

---------------------

Joseph Fantini is a managing partner at Rosen Injury Lawyers, a mass torts injury law firm serving clients nationwide. Mr. Fantini attended Widener University Delaware Law School.

Related Articles

IN PARTNERSHIP

The Immeasurable Impact of Advocacy


by Justin Smulison

Burg Simpson founder Michael S. Burg discusses how the firm’s results transcend the courtroom to improve life for consumers and professionals nationwide.

Lawyer posing in a checker suit

IN PARTNERSHIP

What Are the Stages of a Criminal Case in California?


by Nafiz M. Ahmed

Criminal cases in California must follow proper procedures in court. One lawyer outlines each stage of a criminal case to offer guidance to all involved.

Person in grey sweatshirt with hands behind back in handcuffs being arrested by cop

Incendiary Behavior


by Lyssa A. Roberts and Rahul Ravipudi

California’s future will see more frequent wildfires caused by faulty equipment. Litigation tied to recent Golden State infernos shows the way forward.

Mountain range with glow of wildfires behind it

We Are Women, We Are Fearless


by Deborah S. Chang and Justin Smulison

Athea Trial Lawyers is a female owned and operated law firm specializing in civil litigation, catastrophic energy, wrongful death and product liability.

Athea Trial Law Female Leadership and Success

A Double Dose of Power


by Constance Endelicato

Women in the Legal and Medical Professions Can Work Together to Dismantle Gender Inequality

Women Work to Dismantle Gender Inequality

The Attorney You Choose Makes All the Difference


by A. Ilyas Akbari and Bobby Saadian

Choosing the right attorney for your lawsuit can make the difference for a successful outcome.

Choosing the Right Attorney For Your Needs

The Best Lawyers in Northern California


by Best Lawyers

Our 2022 Best Lawyers in Northern California publication features top-ranked legal talent in Fresno, Oakland, Sacramento, San Francisco, San Jose and Santa Rosa.

The Best Lawyers in Northern California

What Will a Car Accident Lawyer Actually Do for You?


by David Muñoz

Find out what you can expect after hiring a personal injury attorney. Learn about your legal rights to help you decide if you should hire an attorney after suffering injuries in a car accident.

What to Expect from A Personal Injury Lawyer

Catastrophic Personal Injury


by Best Lawyers

Trial legend Frank Branson finds success mixing technology and new skills with vast courtroom experience.

Catastrophic Personal Injury

Engineered for Success


by Justin Smulison

Koskoff’s product-liability leader, Bill Bloss, explains how his group combines legal knowledge with engineering insight for the benefit of their clients—and future consumers as well

Bill Bloss Best Lawyers 2020

Wearing a Hard Hat Significantly Reduces Risk of Injury, Death on NYC Construction Sites


by Michele Mirman

Construction Injury Prevention From Hard Hats

Media Tips in a High-Profile Case


by Gregory G. Rizio

How an Attorney Can Successfully Work With the Press

Media Tips in a High-Profile Case

A Cohesive Team


by Best Lawyers

How Bentley & More LLP Combined Forces

A Cohesive Team

Fighting for Justice


by Best Lawyers

How They Have Fought for Clients Every Step of the Way

Fighting for Justice

How College Athletes Will Be Paid Under California’s Fair Pay to Play Act


by Hugh F. Murray III

Another Challenge to NCAA’s Financial Structure

College Athletes Will Be Paid Under New Law

A Warrior for Clients


by Best Lawyers

Michael P. Lyons stands up.

Lyons Roaring Through Complex Disputes

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

Unwrapping Shrinkflation


by Justin Smulison

Through the lens of the United States, we take a closer look at the global implication of companies downsizing products while maintaining and often raising prices.

Chocolate bar being unwrapped from foil