“Four years ago, the World Health Organization warned that the herbicide Glyphosate, the main ingredient in weed killer Roundup, causes cancer. Created by chemical giant Monsanto, Roundup is the most widely used weed killer on Earth, sprayed on everything from tiny flower beds to vast fields of crops. Now, in a series of landmark verdicts, juries have confirmed what the World Health organization knew all along”- Roundup causes cancer.

Watch 60 Minutes Australia as they delve into Roundup, its effects, and the legal cases against Monsanto.

Smith and Johnson currently represents individuals throughout Michigan and the U.S. In litigation to hold Monsanto responsible and to make sure individuals harmed by Roundup receive the compensation they deserve.

If you, a friend or family member has been exposed to Roundup and has been diagnosed with non-Hodgkins lymphoma, please contact Attorney Tim Smith at 231.946.0700 for a free consultation and click for more information about Smith & Johnson’s Roundup Glyphosate litigation or complete our free case evaluator.

Smith & Johnson, Attorneys PC is proud to announce that Tim Smith was selected for the second year in a row as Best Lawyers, Lawyer of the Year for Personal Injury Litigation in Northern Michigan. Recognition by Best Lawyers is based entirely on peer review and consensus opinion from the leading lawyers here in Michigan regarding the professional abilities of their colleagues. The attorney with the highest overall peer-feedback for a specific practice area and geographical region is recognized as “Lawyer of the Year”, which is the highest recognition awarded by Best Lawyers.

At Smith & Johnson, we are proud of the results Tim continues to obtain for his clients in both commercial litigation and the Mass Tort arena. His work over the last 3 years in Municipal Opioid Litigation, Hernia Mesh Product Liability Litigation, and Roundup Product Liability Litigation has established him as the leading Personal Injury attorney here in Northern Michigan.

Reuters reports that a jury in San Francisco federal court became second in the U.S. to rule that Roundup weed killer caused cancer. The article says in part:

Tuesday’s unanimous jury decision in San Francisco federal court was not a finding of Bayer’s liability for the cancer of plaintiff Edwin Hardeman. Liability and damages will be decided by the same jury in a second trial phase beginning on Wednesday.

Bayer, which denies allegations that glyphosate or Roundup cause cancer, said it was disappointed with the jury’s initial decision. Bayer acquired Monsanto, the longtime maker of Roundup, for $63 billion last year.

…“This looks like 2-0 plaintiffs, and clearly not helpful for the overall payout calculus and resolution of the litigation,” said Bernstein analyst Gunther Zechmann.

Glyphosate is the world’s most widely used weed killer. Monsanto’s Roundup was the first glyphosate-based weed killer but is no longer patent-protected and many other versions are now available. Bayer does not provide sales figures for the product.

“We are confident the evidence in phase two will show that Monsanto’s conduct has been appropriate and the company should not be liable for Mr. Hardeman’s cancer,” the company said.

The case was only the second of some 11,200 Roundup lawsuits to go to trial in the United States. Another California man was awarded $289 million in August after a state court jury found Roundup caused his cancer. That award was later reduced to $78 million and is on appeal.

More from Reuters.

Smith & Johnson, Attorneys, P.C. announces the addition of Danica L. Powell as an Associate Attorney.

Ms. Powell completed her undergraduate degree at Indiana University, and obtained her law degree at The John Marshall Law School in Chicago, Illinois.

Prior to joining Smith & Johnson, Ms. Powell practiced law in Chicago, with a focus on complex commercial litigation. Ms. Powell is licensed to practice law in the State of Michigan and State of Illinois.

Ms. Powell, originally from Chicago, Illinois, relocated to Traverse City in 2015 with her husband, and has recently welcomed her first child.

By L. Page Graves, Smith & Johnson, Attorneys, P.C.

Introduction

This brochure provides you a general understanding of your rights under the Michigan No-Fault Insurance Law. It also provides you helpful suggestions to protect your potential benefit claims. This brochure is not all-inclusive because there are several exceptions and exclusions to No-Fault benefits which may be applicable to your claim or case; therefore, you should not rely on this brochure as legal advice.

Your Legal Rights

When you are involved in an automobile accident, you are entitled to certain benefits under the Michigan No-Fault Insurance law, regardless of fault. Your basic no-fault benefits potentially available to you include coverage for your medical expenses, wage loss, household assistance and survivor’s loss.

Your auto insurance company is required to pay these benefits to you within 30 days from when it receives “reasonable proof” of your claim, e.g., copies of your medical records validating your injury and temporary disability from work. If your insurance company does not pay your benefits after 30 days, it is also required to pay you 12% interest per annum as to each claim. If your auto insurer unreasonably denies your claim, you may also be able to recover reasonable attorney fees.

Also recognize that because you were injured, you may have a separate legal claim against the at-fault driver, the owner of the vehicle involved and/or your own insurance company if the at-fault driver was not insured, for fair compensation for your injury, disfigurement and suffering.

What Should You Do If Your Auto Insurance Company Does Not Pay or Denies Your Claim?

You must file a lawsuit within 12 months from the date that you incurred the particular expense not paid or denied; otherwise, you will lose all rights to be reimbursed for that particular expense. While you have 12 months to file a lawsuit, it is advisable to seek legal representation as soon as you are experiencing difficulty with your auto insurance company so that your lawsuit/claim is properly documented and preserved.

Your No-Fault Benefits

Medical expenses: all reasonable charges for products, services and accommodations reasonably necessary for your care, recovery or rehabilitation for injuries caused by the auto accident. These benefits are available to you for as long as you live. Common examples include hospital care, doctor visits, physical therapy, and prescriptions and family provided attendant care; related expenses may also include mileage to and from the medical care providers or handicapper modifications to your home and/or vehicle. This includes services provided by a Certified Nurse Case Manager of your own choosing; if your insurance company assigns a case manager, you have the right to discharge that individual and select your own, instead.

Wage loss: you are entitled to a minimum of 85% of your lost wages for time off due to your injuries caused by the auto accident. This benefit is available to you for up to 3 years from the date of the accident but is subject to a maximum monthly benefit, adjusted every year by the Michigan Insurance Bureau.

Replacement services: you are entitled up to $20.00 dollars a day for up to 3 years from the date of the accident, for reasonably incurred expenses for ordinary services performed by family or friends, that you traditionally performed but now cannot because of your injuries. Examples of such services include, but are not limited to, ordinary household tasks like mowing the lawn, cleaning, laundry, etc.

Survivor’s loss: the dependents (spouse and children) of a deceased individual who is killed in an automobile accident are entitled to a survivor’s loss benefit for up to 3 years from the date of the accident, subject to the same maximum monthly benefit formula applied to wage loss.

Coordinated Benefits & Setoffs

If you have other health or accident coverage through you employer or spouse, you may have purchased coordinated auto no-fault coverage for a lesser premium. If so, then your health coverage is primary and your auto coverage only pays for expense not covered by your primary health coverage. Whether you have purchased coordinated no-fault coverage, your auto insurer is able to reduce your benefits that are available to you under state of federal law. A critical exception is that neither Medicare nor Medicaid is responsible for medical expenses when no-fault coverage is available. In that instance, no-fault is always primary.

What Should You Do?

  1. If injured, immediately seek legal counsel regarding your potential claim for injury, disfigurement and suffering against the other driver.
  2. Immediately file an Application for No-Fault Benefits with your insurance company. Failure to do so within 12 months of your automobile accident will forever bar your rights to collect benefits.
  3. Monthly, submit a claim letter for reimbursement of medical expenses, wage loss and replacement services. Always include your name, claim number and date of the accident. Always submit, if available, copies of your receipts, work releases or notes from your doctors or your employer, and summaries of household jobs done on your behalf. Inform all medical providers (hospitals, doctors, etc.) of your insurance company name and claim number. Keep a log or diary of all miles driven to and from medical providers. Request letters from physicians/therapists recommending needed expenditures for rehabilitation devices or equipment. If requested to submit to an independent medical exam set up by your insurance company, take a family member or friend with you and time the duration of the entire exam. Request letters or notes from your doctor(s) who have placed you on work restrictions with the applicable dates; diary or log each and every day missed from work (if an hourly employee, calculate hours for potential overtime loss). Orally or in writing agree to pay family members or friends up to $20.00 dollars a day for help around the home. Diary or log all services performed on your behalf identifying the nature of the service performed and who performed it. And, request letters or notes from your doctor(s) who have placed you on general restrictions (e.g., no lifting).

So you and your pals have driven to northern Michigan to play a round of golf at one of its many, beautiful golf courses. You get to the starter shack at the first tee box and the person takes down your assigned golf cart number and then presents to you a “Golf Cart Agreement”. You likely are told it is required that you sign the agreement before you can tee off. Chatter about the course and where the pins are located that day coupled with cart-path-only rules, follow as the signature sheet is placed in front of you to sign. You are consumed with the moment and beauty of the anticipated round; you could care less about the golf cart agreement because you know you will be a responsible person and nothing dramatic will happen. You tee one down the middle of hole number one and off you go. Unbeknownst to you, however, the grounds keeping crew forgot to put a sprinkler drain head-cover back on an irrigation system being worked on that morning. Tall grass grows around the large uncovered hole by the green. You make your put and walk off heading to your golf cart and…..down goes your foot and leg. You hyper-extend your knee and tear your ACL. Golf season is now over. And then the really bad news is revealed: that so-called “Golf Cart Agreement” was less about the golf cart and your responsibility for any damage you may cause to it and more about your having just completely released the golf course of any liability, whatsoever, for its negligence which caused your torn ACL. The dirt literally is in the details. Read any such form that is shoved into your hands while you are pulling out the driver on hole number one. You likely will sign it anyway because you want to play; but just be informed of what it is that you are signing and giving up in the process. For those of you who did not have to sign a “Golf Cart Agreement” or its equivalent and were injured because of the negligence of a golf course or its employees, please contact Smith & Johnson, Attorneys, P.C., for your free consultation about your legal rights.

Authored by L. Page Graves