Johnson City Roundup Injury Lawyers
Glyphosate is a herbicide used to kill weeds that was initially brought to market in 1974 by agricultural giant Monsanto under the trade name Roundup. It now accounts for about a quarter of the global herbicide market. In August 2018, the New York Times reported that Monsanto was facing over 5,000 lawsuits in the United States relating to Roundup. In the first lawsuit to go to trial, a jury in Superior Court of California in San Francisco awarded a former school groundskeeper $289 million in damages.
If you suffered serious injuries or your loved one was killed after using Roundup in the Johnson City area of Tennessee, you could be owed significant compensation. With the help of an experienced legal team that has handled claims like these in the past, you could secure the compensation you need to pay your medical bills and other expenses and move on with your life. Not all law firms have the right resources or skill to take on large agricultural companies like Monsanto, however, so turn to a firm that knows how to get results for you.
The Law Offices of Seaton & Bates, PLLC have been helping injury victims in communities all over Upper East Tennessee since 1984. We will not back down from a fight, and we will aggressively work to hold companies like Monsanto responsible for the harm their products cause. Call (423) 282-1041 or contact us online to take advantage of a free consultation.
Do I Need a Roundup Lawyer?
Monsanto is an enormous company that is prepared to do whatever it can to minimize or completely avoid liability for Roundup claims. You’re not likely to get very far if you pursue these types of action on your own.
One of the main reasons you need a lawyer is their ability to obtain the necessary evidence in your case. Scientific evidence in Roundup cases often includes research studies —showing how glyphosate can cause cancer, non-Hodgkin’s lymphoma, or other ailments — as well as expert testimony.
In the San Francisco case mentioned above, evidence also included internal company emails. United States District Judge Vince Chhabria ruled that evidence of glyphosate possibly causing non-Hodgkin’s lymphoma seemed “rather weak” but stated that the opinions of three experts were not “junk science.”
A lawyer will be able to collect the strongest evidence and will also know how to respond to Monsanto’s efforts to suppress the evidence. The Law Offices of Seaton & Bates, PLLC will be committed to helping you achieve the most favorable possible resolution to your case.
Why Choose the Law Offices of Seaton & Bates, PLLC to Handle My Case?
Tony Seaton has over three decades of legal experience. He is a board-certified specialist in Civil Trial Practice and has received an AV Preeminent rating from Martindale-Hubbell. Robert Bates was named to the Top 40 Under 40 list by the National Association of Personal Injury Attorneys in 2015. He is a member of the Tennessee Trial Lawyers Association.
The Law Offices of Seaton & Bates, PLLC will work tirelessly to help you recover all of the compensation you need and deserve. Our firm will work closely with you to get to know you and how your injuries have affected your life, and we will always keep you updated throughout your case.
You should also know that the Law Offices of Seaton & Bates, PLLC will not charge you anything until you receive a monetary award. We will work to achieve a just settlement to your case, but we will not hesitate to file a lawsuit when it is required to get you maximum compensation.
Roundup Cases We Handle
Though disputed, there is significant evidence to suggest that Roundup is associated with higher rates of lymphoma and other cancers. This is especially true among certain populations who are routinely exposed to Roundup, including:
- Agriculture workers
- Landscape workers
- Garden center workers
- Tree and plant nursery workers
- Highway workers
If you are a member of one of these populations or are otherwise routinely exposed to Roundup and have now developed lymphoma, you very likely have a case for compensation. Reach out to the Law Offices of Seaton & Bates, PLLC immediately to learn more.
Roundup Lawsuits: A History
In that first lawsuit to go to trial, Bloomberg reported that 46-year-old Dewayne “Lee” Johnson “mixed and sprayed hundreds of gallons of Roundup.” The exposure included incidents that left him “soaked from head to toe” in the herbicide. His treating physician testified in a deposition that over 80 percent of Johnson’s body was covered with lesions.
Johnson worked for the Benicia Unified School District before being diagnosed with cancer in 2014. Johnson’s attorneys and doctors stated in court filings that while he improved after starting new drug treatment, he occasionally remained too weak to speak or get out of bed. After chemotherapy and other treatments, his oncologist gave him six months to live in July 2017.
In July 2018, Reuters reported that Judge Chhabria ruled that hundreds of lawsuits against Monsanto could proceed to trial after finding there was sufficient evidence for a jury to hear cases blaming the company’s glyphosate-containing weed-killer for diseases.
The United States Environmental Protection Agency classified glyphosate as possibly carcinogenic to humans in 1985, but the agency changed this classification in 1991 and stated in a December 2017 EPA Draft Risk Assessment for Glyphosates that “glyphosate is not likely to be carcinogenic to humans.” In 2015, the cancer agency for the World Health Organization’s, the International Agency for Research on Cancer, found that glyphosate was likely carcinogenic.
The IARC strongly rejected the premise of a Reuters article entitled, “WHO cancer agency ‘left out key findings’ in benzene review” in March 2018. The Office of Environmental Health Hazard Assessment posted a notice on its website in March 2017 that glyphosate would be added to the list of chemicals known to cause cancer.
While Roundup lawsuits are being filed by multiple people, these are not yet class action lawsuits. Some cases may be consolidated into multidistrict litigation, but plaintiffs will still have individual cases.
Frequently Asked Questions About Roundup Injuries
If you are considering pursuing a lawsuit about Roundup, you likely have numerous pressing questions. The answers to some of the questions we hear most often at our firm are included below.
Most plants produce an enzyme called 5-enolpyruvylshikimate-3-phosphate synthase (EPSPS), which glyphosate works to block. The most common kinds of foods containing glyphosate are crops, such as corn and soybeans. Some modified plants contain an agrobacterium strain that is resistant to glyphosate called CP4. All edible plants produced from CP4 enzymes are analyzed to show that their composition is equivalent to conventional plants. There are also limits established by the United States Environmental Protection Agency on how much herbicide can be applied. In short, glyphosate is used largely as a weed control mechanism but still allows for the production of safe food.
Glyphosate is used in many nonagricultural settings because of its ability to manage weed growth. The ability of Roundup to kill weeds is very valuable to gardeners, especially since glyphosate can kill certain invasive weed species that may threaten the survival of native plants. Other uses outside agriculture can include forestry and aquatic environments.
While settlements are typically the most common resolution to these types of actions, some cases do go to trial. A jury could award a victim compensatory damages, which typically involve a combination of economic damages and noneconomic damages. Economic damages are tangible costs a victim has incurred or will incur, such as medical bills, lost income, and disability expenses. Noneconomic damages cannot be quantified and are more subjective, including awards for pain and suffering, emotional distress, and loss of consortium.
Just like the aforementioned San Francisco case, punitive damages can also be awarded in Tennessee, but punitive damages can only be awarded under Tennessee Code § 29-39-104(1) when a plaintiff proves by clear and convincing evidence that a defendant acted maliciously, intentionally, fraudulently, or recklessly. Punitive damages have a limit or a “cap” of two times the total amount of compensatory damages awarded or $500,000, whichever is greater.
According to the online portal Statista, Monsanto earns $2 trillion of revenue in agribusiness in the United States, and the company’s revenue in 2017 was $14.54 million. Monsanto is responsible for 26.71 percent of the market value share of the global seed market and has spent $131.96 million on lobbying expenses for agribusiness.
The Motley Fool reported that Monsanto made almost $4.76 billion in sales and $1.9 billion in gross profits from herbicide products (largely Roundup) in 2015. The company generates $10.243 million, or 68.3 percent of its revenue, from seeds and genomics, while agricultural productivity accounts for $4.758 million, or 31.7 percent of revenue. According to the Motley Fool, Monsanto generates $6.277 million (76.7 percent of its profits) from seeds and genomics. Agricultural productivity accounts for $1.905 million (23.3 percent of revenue).
A study published in the National Center for Biotechnology Information (NCBI) found that glyphosate use had risen almost 15-fold since Roundup Ready was introduced in 1996, and two-thirds of all glyphosate applied in the United States between 1974 and 2014 had been sprayed in the last 10 years. The study stated that genetically engineered herbicide-tolerant crops accounted for approximately 56 percent of global glyphosate use and that “no pesticide has come remotely close to such intensive and widespread use” in the United States.
In February 2016, a study published in the journal Environmental Sciences Europe found that 9.4 million tons of glyphosate had been sprayed onto fields worldwide, an equivalent to the weight of water in over 2,300 Olympic-size swimming pools or enough to spray almost half a pound of Roundup on every cultivated acre of land on the globe.
Contact a Johnson City Roundup Attorney Today
Did you or a loved one develop lymphoma or other illnesses after being routinely exposed to Roundup in Johnson City or a surrounding area of Tennessee? It will be critical for you to seek the help of an experienced lawyer to make sure Monsanto is held accountable.
The Law Offices of Seaton & Bates, PLLC understand the challenges involved in these types of claims and will fight to make sure that you receive every dollar of compensation you are entitled. You can have our attorneys discuss your case when you call (423) 282-1041 or contact us online to receive a free consultation.