Can You Get Punitive Damages in a California Round-Up Case?
For the last few years, Round-Up litigation has been a hot legal topic. Ever since it was reported in 2015 that a major ingredient in the weed killer may be cancer causing, plaintiffs and personal injury lawyers have been banging on courthouse doors to file their lawsuits.
Glyphosate, a key ingredient in Monsanto’s product Round-Up, was identified as a probable carcinogen in a report released by the World Health Organization in 2015. Shortly thereafter, it was determined that Monsanto, the company who makes Roundup, was aware that this was the case.
Despite warning consumers that their product may be dangerous, it appears that Monsanto chose to keep their mouths shut. This is the case in many product liability cases. When you’re dealing with toxic torts such as we’re seeing with the Roundup cases, you have a heavy burden to prove.
Basic Elements of a Mass Tort Case in Los Angeles
Toxic tort cases fall under personal injury. Although these cases can be pretty complicated, the bottom line is the same – you have to prove that the defendant caused your injuries. When dealing with a case like the Monsanto Roundup cases, you have to prove a few basic things:
- You were injured
- Your injuries were caused by the defendant’s actions
- The defendant’s actions were negligent or unreasonable
In a toxic tort or product liability case, these matters are complicated. This is because a lot of the evidence comes down to scientific proof. How do you prove causation in cases like this?
Let’s consider your average Monsanto Roundup case. The plaintiffs involved are claiming that Roundup caused their cancer. Now, if we look at this from a common-sense standpoint, it seems simple.
- The plaintiff has cancer
- Something had to cause their cancer
- The defendant’s product arguably contains cancer-causing agents
- The plaintiff used the defendant’s product for a long period of time
- The defendant didn’t warn the plaintiff that their product was dangerous
- The defendant knew (or should have known) that their product was dangerous
- There’s no other obvious cause for the plaintiff’s cancer
All of this makes perfect sense on paper, right? But, what happens when you actually get into the courtroom?
Proving Causation in Round-Up Cases is Difficult
The two defendants who have been named in the PPI lawsuits, for the most part, are AstraZeneca, Prizer and Proctor and Gamble. Chances are, you’ve heard of these companies. They are the main manufacturers of Nexium and Prilosec, the two main PPI drugs.
There is currently litigation pending against the defendants across the country. There is yet to be any major settlements announced. In fact, the defendants allege that their products are safe and seem to be intent on going to trial.
The defendants can’t ignore the fact that many of their customers have indeed contracted PPI stomach cancer. Nor can they ignore the research that shows the link between PPI and gastric cancer. However, as most companies do, they’ll take their chances in court.
The most defendant in mass tort cases will continue to declare their products safe for as long as they can. The millions of dollars they make selling their drugs is too much. They would rather risk a few large lawsuits rather than lose the revenue they make from the products.
Thankfully, for the manufacturers of proton pump inhibitors, the bad press is not quite where it is for other defendants in mass tort cases. For example, compared to the talcum powder cases being filed against Johnson and Johnson, the PPI lawsuits have remained relatively quiet. Once this changes, the companies may change their tune.
What Damages Can You Claim in a PPI Stomach Cancer Suit?
If you’ve taken a PPI and ended up with any of the medical issues outlined above, you may have a claim for damages. The damages involved in a PPI case are similar to that of other dangerous drug cases:
- Medical bills – You will be reimbursed for any out of pocket medical bills you incurred. If your insurance company already covered treatment, you will not be able to claim these expenses as damages. You cannot “double dip.”
- Lost Wages – If you are out of work or have to go on disability because of your cancer, you will be entitled to compensation. Your lawyer will have to submit proof of these damages.
- Pain and Suffering – Most mass tort cases are known for the high amount of pain and suffering. They usually make up more of your settlement that actual damages.
Call and speak with an experienced lawyer today to see what your case may be worth.
Contact a Mass Tort Lawyer in Los Angeles Right Away
If you currently use a PPI, talk to your doctor and make sure you don’t have any of these issues. If you do, you may need to contact a mass tort lawyer in Los Angeles right away. A mass tort lawyer knows how to handle your case. They’ll file a claim against the people responsible for your injuries.
These parties may include:
- Manufacturer of the device
- Doctor or surgeon who implanted it
- Hospital where that doctor worked
- Insurance companies for the doctor and/or hospital
Your Los Angeles mass tort lawyer will work hard to get you the compensation you deserve. Depending on your injuries, you may be entitled to:
- Medical bills
- Lost wages
- Pain and suffering
- Permanent disability
Call and schedule your free initial consultation today. An experienced PPI Stomach Cancer lawyer will review your claim and let you know what it may be worth. The consult is free and you pay nothing until you settle your claim.