Roundup Cancer Plaintiffs Seek MDL Against Monsanto

WHO-says-Roundup-probably-causes-cancerEight plaintiffs who have been diagnosed with non-Hodgkin lymphoma (cancer of the lymph nodes) have petitioned the Judicial Panel on Multidistrict Litigation to create MDL 2741 before Judge J. Michael Seabright in the US District Court of Hawaii.

“The number of related actions will likely rise to the thousands in the coming months,” according to Plaintiffs’ attorneys Timothy Litzenburg and Michael Miller of The Miller Firm in Orange, VA. “Judge Seabright has already spent considerable time and resources familiarizing himself with the complex issues involved in the Roundup litigation and Hawaii has a substantial interest in the adjudication of these actions. ”

Another motion is pending to consolidate the cases in the Southern District of Illinois.

Biggest mass tort since asbestos

Mass Tort Nexus has added the hottest emerging litigation to its September Course: RoundUp Litigation. “This could be the biggest mass tort since asbestos,” says John Ray, a leading consultant to the Mass Tort industry for over a decade.

Timothy Litzenberg will be addressing the emerging RoundUp Cancer litigation. He filed one of the original complaints in district court on behalf of a client who developed cancer after exposure to RoundUp. He is also one of the attorneys supporting the Plaintiffs’ motion to form an MDL.

In US District Court, Monsanto failed to derail the RoundUp litigation. Monsanto, as well as Plaintiffs attorneys including Tim have now separately moved to support the formation of an MDL. “This emerging Toxic Tort may involve more plaintiffs than any in history.Do not miss out on the chance to get information on this litigation in its early stages,” Ray says.

To attend the Sept. 23rd  – Sept. 26th for the “Four Days to Mass Tort Success Course” in Fort Lauderdale, contact Barbara Capasso at (954) 383-3932 or barbara@masstortnexus.com for more information.

“Probably carcinogenic”

A 2015 report from the International Agency for Research on cancer – or IARC – a division of the World Health Organization. It found glyphosate to be “probably carcinogenic.” The report says glyphosate caused cancer in lab tests on animals and found that the chemical damaged DNA in human cells.

Monsanto has a significant presence in Hawaii. The company owns or leases approximately 784 acres of farmland on Maui island and 2,296 acres on Molokai island. Monsanto employs more than 1,000 local Hawaii residents and has invested millions in specialized facilities in the state. Monsanto’s operations comprise one-quarter of all Maui county agricultural activity, and the seed industry in Molokai is the most significant private industry activity aside from tourism.

Each of the related actions and any tag-along cases have common questions of fact:
(1) whether Roundup was marketed with adequate warnings.
(2) whether Defendants conducted adequate testing of Roundup.
(3) whether Roundup exposure contributed to the development of non-Hodgkin lymphoma.

Two cases in Hawaii are the most developed in the country. “Judge Seabright has already invested substantial time in this litigation and has issued a lengthy and well-reasoned opinion involving complex questions of federal preemption, federal regulation of herbicides and statute of limitations,” Litzenburg and Miller argue.

The state and local governments of Hawaii have taken steps to restrict the use of herbicides and planting of genetically engineered crops even before the release of the IARC report on glyphosate.

Larry Bodine

Attorney Larry Bodine is Editor of Mass Tort Nexus, and the Editor of The National Trial Lawyers. He is the former Editor in Chief of Lawyers.com and the American Bar Association Journal. He is a cum laude graduate of both Seton Hall University Law School and Amherst College.

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