Update on Roundup Litigation

/by

Bayer has negotiated a class action settlement in an effort to end Roundup weed-killer litigation once and for all. But that doesn’t mean victims of this dangerous product can’t still file a claim for damages. As part of the deal, a $1.25 billion fund has been aside for potential future cases. 

Roundup Litigation Settlements June 2020

According to a New York Times report, Bayer, which purchased Monsanto two years ago, has agreed to pay more than $10 billion to settle tens of thousands of Roundup claims. The settlement covers roughly 95,000 outstanding cases and includes a $1.25 billion fund for future claims of Roundup customers that develop non-Hodgkin’s lymphoma. 

At the same time, the company plans to continue selling the product without warning labels. Part of the $1.25 billion fund will be used to establish an independent panel to resolve the issue of the safety of glyphosate, the ingredient in Roundup that is causing health concerns. 

What is Roundup?

Roundup is the most widely used weed killer in the world. The product was brought to market in 1974, just four years after one of the company’s scientists discovered that Glyphosate was an effective herbicide. 

Roundup is used in backyards, parks, gardens, playgrounds, and commercially to increase crop yields. Its manufacturer, Monsanto, which is now owned by German pharmaceutical giant Bayer, generates over $6 billion in revenue annually with this product alone. 

Does Roundup Cause Cancer?

The most serious side effect of glyphosate exposure is non-Hodgkin’s lymphoma (NHL), which is a form of cancer. Agricultural workers are considered to be at the highest risk for developing NHL, which is a type of cancer that starts in the white blood cells. The American Cancer Society estimates that roughly 77,000 Americans will be diagnosed with NHL in 2020. 

There have been conflicting reports about the safety of glyphosate. In 1985, the EPA classified glyphosate as a Group C chemical, an indicator that it is “potentially carcinogenic to humans.” But it reversed that decision in 1991 after heavy lobbying by Monsanto and declared the chemical safe. 

In 2015, the International Agency for Research of Cancer (IARC), the cancer research arm of the WHO, classified the chemical compound as “probably carcinogenic to humans.” 

Well before the IARC made its determination, research pointed to the dangers of glyphosate. In 2003, the Journal of Occupational and Environmental Medicine published a study of 3,400 Midwest farmworkers. It concluded that there was a link between glyphosate exposure and higher rates of non-Hodgkin’s lymphoma. 

Both Bayer and the EPA maintain that glyphosate is safe and has no links to cancer, but the thousands of men and women who have become ill after using Roundup have a different opinion. 

Filing a Roundup Lawsuit

Monsanto never warned consumers about the potential dangers of using its Roundup product, and Bayer still claims that the herbicide is safe. When a product manufacturer did know or should have known about a hazard that caused serious injury but failed to act or even concealed the truth, this is grounds for a product liability case.

The first Roundup lawsuit was filed in 2015, and tens of thousands of additional cases have been filed in the past five years. The awards in the cases have been significant:

  • August 2018 – A groundskeeper who was diagnosed with NHL was awarded $289 million, with a finalized verdict of $78 million. 
  • March 2019 – A California jury awarded $80 million to a man who claimed his NHL was caused by Roundup. 
  • May 2019 – A California couple was awarded $2 billion in a jury verdict over the claim that Roundup caused their NHL. 

If you have used Roundup and believe you have developed cancer from its use, you may be entitled to compensation. To file a Roundup lawsuit, victims need an experienced product liability attorney. 

Reeves & Mestayer in Biloxi is a top-rated personal injury law firm that aggressively fights for interests of injury victims and their families. Our firm has recovered over $1 billion for clients across the country, and we are ready to fight for you. 

Get Help from Experienced Roundup Lawsuit Attorneys

The attorneys at Reeves and Mestayer, PLLC are currently investigating cases involving Roundup and non-Hodgkin’s lymphoma. The current settlement deal making headlines does not mean that new claims against the maker of this product are not possible. If you or someone you love had frequent exposure to Roundup and developed non-Hodgkin’s lymphoma, you may be entitled to compensation. 

Contact our office today at 1-855-558-2977 or reach out online to schedule a free consultation. 

What Should a Parent Do When a Child is Injured in a Pedestrian Accident?

/by

Every parent’s worst nightmare is something happening to their child. Unfortunately, this is the painful reality that too many parents experience when their child is hit in a pedestrian accident. Pedestrian accidents can occur for a wide range of reasons, from a child crossing the street at an inappropriate place or time to a driver texting and not paying attention.

Regardless of what led to your child’s accident, you may have a long road to recovery ahead. Learn more about your legal options during this trying time by reaching out to Reeves & Mestayer at 228-300-2754.

Don’t Let Your Child Interact with the Driver

After your child is struck by a vehicle, you’ll likely be by their side within seconds. Do not let them talk to the driver. Most drivers feel terrible when they realize they hit a child, and they may come out and ask your child if they’re okay, if they’re hurt, and more. Even if the driver is well-meaning, keep your child near you and tell them to talk to you.

You would hope that an insurance company would not use the words of a child against them when deciding whether or not to pay out a claim, but you simply cannot trust insurance companies to do what is right. Report the accident to emergency services, swap contact and insurance information with the driver, and move to the next step.

Get Medical Care Right Away

Your child needs to see a doctor as soon as possible. Even if they don’t appear hurt or only have minor pain, it is worth your peace of mind to know that they are safe. Children are surprisingly resilient and may not even notice injuries or pain until hours or days have passed. Some injuries require immediate care and putting off a checkup could impact your child for the rest of their life.

Speak to Specialists

If your child sustains injuries, do not be afraid to seek out the advice of medical specialists. Bone breaks, organ injuries, and brain damage can all impact children in very different ways. Children’s growth can be a big advantage when it comes to injuries, but it can also make them more prone to severe injuries that require ongoing care. If necessary, consult with physical therapists, occupational therapists, and pediatric orthopedic specialists.

Connect with an Attorney

One of the first things you should do after ensuring that your child is safe is to reach out to a personal injury attorney. Helping a child recover from an injury can be expensive. In many cases, they have to stay out of school until they are able to get around comfortably. This means lost work days and lost income for mom or dad, not to mention a possible loss of job security. That’s on top of the medical bills and equipment you may have to pay for as a result of the accident.

If the accident was caused by the other party’s negligence, you may be able to seek compensation. However, to do this effectively, you need to work with an experienced personal injury attorney. Insurance companies are very good at turning things on victims to make it seem like they are in the wrong. Before you know it, you can go from asking for compensation to arguing that you shouldn’t be responsible for damage to the driver’s car.

An attorney can help you navigate this process and minimize your stress level. Your child will likely be scared, in pain, and struggling with the healing process. Trying to handle phone calls, negotiations, and paperwork on top of that is a recipe for disaster. An attorney lets you focus on your child while they handle your legal matters.

Turn to Us for Help with Your Pedestrian Accident Case

At Reeves & Mestayer, our goal is to help every single client get what they deserve after they are harmed by someone else’s negligence. We believe you shouldn’t have to go through these challenging times alone. If your child has been the victim of a pedestrian accident, let us help. Call us at 228-300-2754 or get in touch online to set up a free consultation now.

Can My Personal Injury Claim Be Reopened After It Is Settled?

/by

Maybe you just signed the paperwork on your settlement and you’re starting to get that sinking feeling, or perhaps you signed it weeks ago and just got hit with a massive medical bill that exceeds your settlement money. No matter what has made you reconsider your settlement, you are now wondering if your personal injury claim can be reopened after a settlement. We will explore your options here.

In Most Cases, the Answer is No

We’ll start with the bad news first: in the majority of situations, a personal injury claim cannot be reopened after you have accepted a settlement. The settlement process is pretty ironclad, and it’s meant to benefit both parties. You get guaranteed money for your injuries, and the other party gets protection from future lawsuits. This means that you can’t revisit the case when your injuries turn out to be more severe than you think or you realize you could have gotten more if you’d turned to an attorney for assistance.

However, as is the case with most legal matters, there are exceptions. In certain circumstances, you may be able to revisit a settlement.

Clerical Errors

This is more of a technicality than an actual reopening of the claim. If a clerical error has left you with less money than you anticipated, you can ask for the error to be fixed and get what you are owed. For example, if the parties agreed to a $10,000 settlement but they misplaced the decimal in the paperwork and you received $1,000, you can obviously have that error fixed and get the $10,000 that was agreed upon.

Multiple Parties

In many personal injury cases, there are multiple liable parties. If you were involved in a car crash, you may have already settled with the liable driver’s insurance company. However, if the crash was also caused by poor road conditions or inadequate signage, you may have a claim against another party. This does not mean you get to revisit your claim against the first party. That claim is done and over with. You may still be able to get additional compensation by opening up negotiations with other parties that are liable for your injuries.

Why Your Choice of Lawyer is Crucial

The fact that it is nearly impossible to reopen a personal injury claim after it has been settled demonstrates why you absolutely need an experienced and competent personal injury lawyer before you agree to a settlement. Many people who try to negotiate for themselves realize afterward that they gave up more than they should have. At that point, though, it’s too late.

One of the main reasons people choose to handle personal injury cases on their own is fear of the cost of hiring a lawyer. This is generally not an issue in personal injury cases since most attorneys work on a contingency fee basis. You pay nothing upfront, and any lawyers’ fees you pay come directly from your settlement money. If you do not get anything, neither do they. You risk nothing by discussing your claim with an attorney before deciding what to do.

When you have a lawyer on your side, negotiations tend to go much more smoothly. Insurance companies have spent a lot of time and money figuring out exactly how they can minimize their claim payouts and lower settlement amounts. They will use whatever tricks they legally can to ensure that they don’t pay you a cent more than they must. You could watch them turn your own words against you, deny the validity of your evidence, dig through your social media for proof that you’re lying, or even try to blame the accident on you. When you bring an attorney to the negotiating table, they know that most of those tricks simply do not work the same way. They are much more likely to negotiate in good faith.

Call Our Team for Help with Your Case

Have you been hurt because of someone else’s negligence? Whether you’ve been injured in a car accident, bitten by a dog, harmed by a doctor’s malpractice, or suffered injuries in a fall, you may be entitled to compensation. To explore your legal options now, call Reeves & Mestayer at 228-300-2754 or contact us online to schedule your consultation.