Knowing how to prove you used Roundup can be vital to the success of your Roundup mass tort claim.
How Do You Prove You Used Roundup?
Roundup is a weed killer produced by Monsanto, an agricultural biotechnology company acquired by the pharmaceutical giant Bayer in 2018. Roundup is one of Monsanto’s best-selling products and a popular staple in many households.
Unfortunately, Roundup exposure has been linked to many diseases, including lymphoma—a cancer of the lymphatic system. Roundup exposure occurs when the product gets on your skin or when it’s ingested or inhaled.
Roundup’s primary active ingredient is a chemical known as glyphosate, which kills weeds by denying them the ability to manufacture the proteins necessary for life. It is also a known carcinogen in humans.
If you or a loved one is suffering from a disease that you think was caused by Roundup exposure, filing a Roundup claim soon after diagnosis may help you hold Bayer accountable for your injuries and get some form of financial compensation.
Knowing how to prove you used Roundup—a necessary part of a successful claim—is often one of your first steps in getting justice. Proving a Roundup claim will involve the following steps:
- Obtaining proof of use
- Checking your timeframe
- Proving your medical condition
- Litigation Work
Obtain Proof of Use
To prove a Roundup claim, you first must be able to prove that you used Roundup. It seems simple and obvious, but it can often be difficult if victims are unaware of the proper documentation steps.
You can prove you used Roundup through evidence such as receipts, bottles of Roundup in your possession, invoices for landscaping services, or documents or testimony showing that using Roundup was part of your job.
Be prepared to explain how you used Roundup and how long you were exposed to it. If you were exposed to Roundup frequently over a long period of time, you will have a stronger claim than if you were only exposed to it just once in a while.
Check Your Timeframe
The second step in proving you used Roundup is making sure that your claim still falls within the statute of limitations. You must prove that you were exposed to Roundup, diagnosed with the related disease, and filed your Roundup claim within the appropriate time frames.
Cancers caused by Roundup typically take on average about two years to develop. A successful Roundup claim will need to also prove that you used Roundup for at least two years before your diagnosis.
Once you have received your diagnosis, you cannot delay too long in filing your claim. Each state has its own statute of limitations, which is the time frame in which you are allowed to bring a lawsuit, but it is typically between two and three years for Roundup claims. If you do not file your case within that time frame, you may be prevented by law from holding Bayer responsible.
The statute of limitations period begins when you receive your diagnosis or when you learn about the link between Roundup exposure and your disease. In some cases, the period of time begins when it becomes widely known that there was a link between Roundup and your disease.
An experienced Roundup cancer lawyer will be able to evaluate your case and explain the appropriate statute of limitations for the details of your case. It is important to check eligibility to file a Roundup claim as soon as you get diagnosed so that you have as much time as possible to seek justice. Reaching out to assistance organizations like the Guardian Legal Network can help you get started, even if you just have questions about your situation.
Obtain Medical Proof of Disease
To prove a Roundup claim, you will also have to prove that you have been diagnosed with a disease that has been related to Roundup exposure. Roundup exposure has been linked with many forms of lymphoma, including:
- Chronic lymphocytic leukemia (CLL)
- B-cell lymphoma
- T-cell lymphoma
- Hairy cell lymphoma
- Mantle cell lymphoma
- Non-Hodgkin’s lymphoma
For more information about Roundup’s link to the lymphatic system, see our blog, “Roundup and the Lymphatic System: What You Need to Know.”
When it comes to actually obtaining this proof, your lawyer’s office will do the work of gathering all necessary medical records on your behalf, so you won’t need to hunt down your doctor’s office or navigate through online medical portals. Your lawyer will also need to obtain proof or documentation of your initial diagnosis and the year it occurred. If you have any records on-hand, giving them to your lawyer can speed up this process.
In addition to proving that you were exposed to Roundup during the appropriate period of time and that you were diagnosed with a disease that has been linked to Roundup exposure, your lawyer will need to go through the litigation process and put in additional work in order to prove your claim.
Your lawyer will need to pull together additional resources like research, expert witnesses, and court forms to take your case to the finish line. This includes finding research that proves Roundup causes cancer, establishing what type of claim to file (defective design, failure to warn, negligent design, or negligent failure to warn), and proving that the standard elements of a tort claim (duty, breach of duty, causation, and damages) are present in your case.
Get Help To Prove Your Roundup Usage Today
Negligent corporations should be held accountable for the injuries they cause. Victims are filing lawsuits against Bayer because they claim that their cancers were caused by Roundup exposure. If you or a loved one were exposed to Roundup and developed cancer or another disease that has been linked to Roundup exposure, you may also have a claim.
Guardian Legal Network is here to help. We have a network of experienced Roundup cancer attorneys and resources available to help you get the justice and compensation that you deserve. Contact us today to get started today.
- Bayer. “Bayer announces agreements to resolve major legacy Monsanto litigation”, https://media.bayer.com/baynews/baynews.nsf/id/Bayer-announces-agreements-to-resolve-major-legacy-Monsanto-litigation. Accessed March 11, 2022.
- Douglas Main. “Glyphosate now the most-used agricultural chemical ever“, Newsweek, www.newsweek.com/glyphosate-now-most-used-agricultural-chemical-ever-422419. Accessed March 7, 2022.
- Gabriella Andreotti, et la. “Glyphosate Use and Cancer Incidence in the Agricultural Health Study“, Journal of the National Cancer Institute, https://pubmed.ncbi.nlm.nih.gov/29136183/. Accessed March 11, 2022.
- Geoffrey Mohan. “EPA says herbicide in Roundup weed killer doesn’t cause cancer, contradicting California regulators“, Los Angeles Times, www.latimes.com/business/la-fi-pesticide-cancer-20171218-story.html. Accessed March 7, 2022.
- Sally M Bradberry, et al. “Glyphosate poisoning,” Toxicol Rev. https://pubmed.ncbi.nlm.nih.gov/15862083/. Accessed March 7, 2022.