Monsanto Roundup Class Action

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Round Up

Have You Been Diagnosed with Non-Hodgkin’s Lymphoma After Using Roundup?

Roundup is an herbicide that has been widely used in Canada for more than 40 years. Manufactured by Monsanto (now a subsidiary of Bayer), Roundup is used to eliminate weeds in residential, commercial, and agricultural settings.

Glyphosate, the primary chemical agent in Roundup, has been found to be a probable carcinogen linked to the development of non-Hodgkin’s lymphoma. Non-Hodgkin’s lymphoma is a cancer that originates in the body’s lymphocytes (a kind of white blood cell). It can spread rapidly to multiple areas of the body without prompt diagnosis and treatment.

Despite its carcinogenic properties, Monsanto and Bayer continue to assure the public and government agencies that Roundup is safe. A proposed class action lawsuit has been filed by Klein Lawyers on behalf of Canadians who were exposed to Roundup and developed non-Hodgkin’s lymphoma.

What Is the Roundup Class Action Lawsuit?

The claim filed by Klein Lawyers alleges that the makers of Roundup (defendants Monsanto and Bayer) failed to provide adequate warnings about the dangers Roundup poses to human health. We assert that negligence on the part of the defendants involves the following:

  • Roundup was defective in its design and formulation
  • When used as instructed and for its intended purpose, Roundup presents an unreasonable risk of cancer (non-Hodgkin’s lymphoma)
  • Defendants failed to perform adequate testing on the safety of Roundup (particularly the chemical agent glyphosate)
  • The risk of developing non-Hodgkin’s lymphoma far outweighs the usefulness of Roundup as a weedkiller
  • Safer alternative designs and formulations were ignored by the defendants
  • Defendants were aware of the dangers of glyphosate and still marketed Roundup as a safe product

In the claim, Klein Lawyers also alleges that the makers of Roundup engaged in a lengthy campaign to dismiss and downplay the health hazards associated with exposure to glyphosate. This campaign has misled the public about the safety of Roundup.

What Damages Are Being Sought in the Roundup Class Action Lawsuit?

Through this class action, we seek to hold the defendants accountable for their conduct and compensate Canadians for the injuries they have suffered as a result of non-Hodgkin’s lymphoma linked to Roundup. We are seeking the following damages on behalf of the class:

  • Medical expenses
  • The cost of future medical care
  • Loss of income
  • Loss of future income and earning capacity
  • Out-of-pocket costs
  • General damages (i.e., non-economic losses such as pain and suffering and loss of enjoyment of life)

Klein Lawyers is also seeking a punitive damages award in this class action. We argue that defendants Monsanto and Bayer have acted without regard for public safety, particularly in the long-term efforts to distort the science behind glyphosate.

Roundup continues to be marketed and sold in Canada as safe despite the significant health risks. A punitive damages award is an appropriate expression of condemnation and a means of deterring companies from engaging in similar practices in the future.

How Do You Get Non-Hodgkin’s Lymphoma from Roundup?

Exposure to glyphosate may occur via inhalation, ingestion, or through contact with the skin or the body’s mucous membranes. Those who come into contact with glyphosate may experience irritation of the eyes, nose, mouth, and throat.

Significant and long-term exposure to glyphosate is associated with an elevated risk of cancer. In 2015, the International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen.

Based on a comprehensive review of independent studies on the carcinogenic effects of glyphosate on humans and animals, the IARC has found what it calls “strong” evidence that glyphosate is genotoxic (i.e., the chemical can cause genetic mutations that can lead to cancer). Currently, non-Hodgkin’s lymphoma is the cancer most associated with exposure to glyphosate formulations such as Roundup.

Who Is At Risk for Exposure to Roundup?

Roundup has been used in Canada since 1976. Many different individuals could have been exposed to Roundup over the last 45+ years, with some of those most at risk including:

  • Homeowners who used Roundup to kill weeds in their yards and gardens
  • Owners and managers of rental properties
  • Farmers and agricultural workers
  • Gardeners
  • Landscapers
  • And others

Individuals who apply Roundup for work and on their personal property are at the highest risk for non-Hodgkin’s lymphoma and other adverse effects. However, Roundup is an airborne spray. Particles can be carried by the wind, exposing those in the vicinity of anywhere it is used.

What Are the Symptoms of Non-Hodgkin’s Lymphoma?

Non-Hodgkin’s lymphoma is one of the most serious illnesses associated with exposure to Roundup. People with non-Hodgkin’s lymphoma may experience the following symptoms:

You should see a doctor as soon as possible if you experience any of these symptoms. Roundup exposure is associated with multiple types of B-cell and T-cell non-Hodgkin’s lymphoma. Some types of lymphoma are slow-growing (classified as “indolent”) while others are aggressive. Prompt diagnosis and treatment are essential for improving the patient’s outlook.

If you or a loved one is diagnosed with non-Hodgkin’s lymphoma, it is important to keep all medical records. You also need to document any and all medical expenses and other losses (time off work, out-of-pocket expenses, pain and suffering, etc.).

Contact a Class Action Lawyer Today

Provinces and municipalities in Canada have begun restricting the use of Roundup. Here in Vancouver, for example, the use of Roundup for aesthetic treatment of lawns and gardens is prohibited.

Unfortunately, for many in Canada the damage is already done. The Monsanto Roundup class action lawsuit filed by Klein Lawyers is an effort to pursue justice and fair compensation for those who have been harmed by this hazardous herbicide.

Roundup class action litigation is in its early stages. Klein Lawyers will update this page regularly as developments arise. 

If you or a loved one used Roundup and have been diagnosed with non-Hodgkin’s lymphoma, call Klein Lawyers at (604) 874-7171 today for a free case review. Or you can complete our “Do You Qualify Form” and a member of our team will contact you to obtain more information to assess your eligibility to participate in this proposed class action.

Court Documents
August 7, 2019
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Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”

Merlo v. R, 2017 FC 533 at para. 34

“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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