Who Qualifies for a Roundup Lawsuit?

People who suffered Roundup exposure at work or home might ask, “who qualifies for a Roundup lawsuit?” You may be eligible for this personal injury lawsuit in Chicago, Illinois, if you developed cancer or any other relevant medical condition due to Roundup exposure. Roundup is one of the most popular herbicides used in gardens, lawns, and fields.

Glyphosate is the active ingredient in Roundup known to cause diarrhea, vomiting, throat and mouth burns, and cancers like non-Hodgkin lymphoma. You must prove that you got injured or sick due to Roundup exposure to be eligible to file a Roundup lawsuit and recover compensation. You can achieve that by gathering and presenting evidence of the exposure, such as medical records and expert testimony. Of course, you will need to work with a skilled product liability lawyer to bolster your chances of recovering damages through an insurance settlement or a lawsuit process.

Roundup and Its Dangers to Illinois Residents

Despite its widespread use, studies have linked Roundup to cancers like leukemia and non-Hodgkin lymphoma. Countries worldwide continue to issue bans and warnings on the use of this herbicide. However, Monsanto, the brand behind Roundup, still insists that the herbicide is safe.

The active chemical ingredient in Roundup, glyphosate, can cause skin/eye irritation and respiratory problems. It is also associated with neurological and reproductive issues. Some of these health concerns have symptoms that manifest immediately after exposure, while others take a while to show.

Residents of Illinois are prone to the dangers of glyphosate-based herbicides due to the high agricultural production in the state. They get exposed to these herbicides after consuming contaminated water or food. There’s also a potential for glyphosate exposure when you breathe in contaminated air or your skin comes into contact with contaminated water/soil.

Glyphosate and Its Health Risks

Glyphosate helps kill broadleaf grasses and plants when applied to the leaves of crops. Its sodium salt form helps ripen certain crops and regulate plant growth. Some glyphosate-based products also control aquatic plants.

Glyphosate is low in toxicity in its purest form. However, it’s usually mixed with other chemicals before application on plants. This way, it’s more toxic and may cause flu-like symptoms and cancer when consumed for a long time.

Pets and other animals can get sick if they eat or touch plants recently sprayed with glyphosate-based herbicides. They may appear sleepy, lose their appetite, and have diarrhea. Vomiting and drooling are other symptoms animals exhibit when they consume glyphosate.

Grounds for Filing a Lawsuit in Illinois

In the case of the Roundup lawsuit, you will sue for negligence that led to your injury or illness. As such, you must demonstrate duty of care, breach of duty, causation, and damages.

But what is the average payout for a roundup lawsuit? Your lawyer can help you determine how much your claim is worth and whether the court can award you any damages.

You should also have evidence to prove the claim. In particular, evidence for your Roundup lawsuit should demonstrate you suffered an injury or loss due to the herbicide. Your evidence could include medical records, bills, witness statements, and financial documents.

Qualifications for Roundup Lawsuit in Illinois

You can only start a lawsuit when you meet the eligibility criteria. Your lawsuit must demonstrate that you sustained an otherwise avoidable injury or sickness due to someone else’s negligence. Some of the factors that can help you qualify for the Roundup lawsuit in Chicago, Illinois, include:

Age Requirements

In Illinois, you may have grounds for a Roundup lawsuit if you suffered Roundup exposure through direct use over an extended period or got exposed to large quantities of Roundup at age 12 or below. Plaintiffs must have also received a diagnosis of cancer (non-Hodgkin lymphoma) on June 1, 2018, or after. The amount of compensation will depend on the severity of injury or illness suffered.

Proximity to Roundup Exposure

Roundup is used to cultivate fruits, nuts, vegetables, soybeans, and corn. It contains glyphosate, which is known to put people at risk of cancer and other serious health conditions after long-term use and exposure. Its residues left in foods or food items are also toxic when consumed.

People who handle or are near the herbicide are at higher risk of developing cancer and other health issues related to Roundup exposure than others. They include:

  • Gardeners and landscapers: These individuals are responsible for maintaining parks, lawns, gardens, and yards. They rake, mow, dig, plant, trim, and add herbicides regularly.
  • Farmers: They use herbicides frequently to eliminate weeds and preserve the quantity and quality of their crops.
  • Groundskeepers: These individuals maintain lawns and fields. They use herbicides to control weeds and allow the desired plants to thrive.
  • Agricultural workers: Employees in agricultural fields near Roundup and are likely to suffer health issues due to long-term exposure.
  • Individuals and families residing near agricultural fields, parks, or gardens: Those living near areas where the herbicide is used in large amounts might suffer exposure and develop a medical condition with time.

Proof of Medical Diagnosis Related to Roundup Exposure

A medical diagnosis for your injuries or sickness can help support your Roundup lawsuit. It can help establish the cause and extent of your injuries and the type of treatment recommended. You can use it as part of your medical evidence.

A medical diagnosis related to Roundup exposure may reveal that you suffered mild to severe symptoms. So, what are the symptoms of roundup poisoning? Typical symptoms include loss of consciousness, breathing difficulty, vomiting, headaches, and dizziness.

Time Limitations for Filing a Lawsuit

Illinois law requires plaintiffs to file lawsuits within a certain amount of time, also known as a statute of limitations. If the specified time runs out, you can no longer file a claim for your injuries or losses. The court will dismiss the claim if you file it past the deadline and does not qualify for an exception.

The statute of limitations helps prevent unfair prosecution. It also allows plaintiffs to gather enough evidence and build a case within a certain period. If a deadline for initiating a claim does not exist, plaintiffs will have an unfair advantage against the defendants.

You have two years from the date you were diagnosed with a health problem related to Roundup exposure to file a lawsuit. Your lawyer can help identify the most suitable deadline for your case. Your lawyer will also guide you through the lawsuit process, ensuring you meet all the relevant deadlines.

Proving Roundup-Related Injuries

You need to prove that exposure to Roundup caused your injuries or losses. As such, evidence of Roundup use and exposure, medical records, and expert testimony may help build your case. Below is how you can use these pieces of evidence in your lawsuit:

Evidence of Roundup Use and Exposure

You or your family member may have got exposed to Roundup at work, school, or home. The herbicide can enter the body through skin contact, breathing, drinking, or eating. Effects of the herbicide will vary with the site of exposure, including eye, dermal, inhalation, and oral exposures.

You may experience mild symptoms like minor skin irritation when exposed to the active ingredient in Roundup. Nausea, dizziness, and headache can also arise in more serious cases. Either way, your occupation, or proximity to the pesticide, increases your risk of experiencing these symptoms.

Medical professionals monitor glyphosate exposure by checking AMPA and glyphosate concentrations in urine or blood. They can also use high-performance liquid and gas chromatography to detect this chemical in the body. An accredited medical professional must conduct these tests under a highly regulated environment to be reliable and admissible in court.

Medical Records and Expert Testimony

Your lawyer can only help you pursue a Roundup lawsuit once it is confirmed that your health problem is linked to the Roundup use or exposure. So, if you have not done a health assessment, the lawyer will arrange one for you. The health assessment encompasses imaging tests and a physical exam if you have a history of long-term use and exposure to Roundup.

Medical records give insights into your medical history concerning a particular condition. They usually document diagnostic test results, clinical findings, medication, and patient’s progress. You need them in the lawsuit to prove that you received certain medical services after using or getting exposed to glyphosate.

Your lawyer can invite expert witnesses to offer unbiased information and help establish liability in the event your case moves to trial. Expert witness testimony can help support your Roundup lawsuit when trying to hold Monsanto (the defendant) legally and financially responsible for your losses. The expert witness can demonstrate the link between glyphosate and your health problem.

Expert witnesses can help prove that your compensable losses or damages resulted from negligence. The expert witness must be a licensed and reputable professional in the healthcare sector. 

Chicago personal injury and workers’ compensation attorney Howard Ankin has a passion for justice and a relentless commitment to defending injured victims throughout the Chicagoland area. With decades of experience achieving justice on behalf of the people of Chicago, Howard has earned a reputation as a proven leader in and out of the courtroom. Respected by peers and clients alike, Howard’s multifaceted approach to the law and empathetic nature have secured him a spot as an influential figure in the Illinois legal system.

Years of Experience: More than 30 years
Illinois Registration Status: Active
Bar & Court Admissions: Illinois State Bar Association, U.S. District Court, Northern District of Illinois, U.S. District Court, Central District of Illinois
If You Suffered Injuries:
Get Your FREE Case Evaluation