1. Date of Diagnosis
Diagnosis date matters as Plaintiff personal injury claims typically carry a statute of limitations, which is a certain length of time in which an individual may bring a lawsuit against the responsible party. In Michigan, both the product liability and general negligence statute allows for 3 years. Accordingly, timing is crucial in these cases.
2. Date of Exposure
With Monsanto first commercially marketed the brand Roundup® in 1974, we typically identify that year as the earliest possible date for use by potential clients. But, claimants have used Roundup® and/or glyphosate at various points over the years since that initial marketing date.
3. Roundup® Brand Products – Roundup®-branded products are categorized by four uses:
Residential, Industrial, Turf and Ornamental (IT&O), and Agricultural. Generally, Roundup® Products fall into one of two types: pre-mixed or concentrated. Concentrated Roundup® contains a higher percentage of glyphosate than pre-mixed versions of the product. Potential clients who used concentrated Roundup® are likely to have a higher exposure than potential clients who used premixed Roundup®. In most instances, farmers, groundskeepers, municipal workers and landscapers are likely to use concentrated Roundup®. Some residential users purchase concentrated Roundup® and mix the product at home. Here in Michigan, we are finding that residential users who are engaged in quality deer management and food plot construction at their deer camps, are individuals who typically are using concentrated Roundup® with much greater levels of exposure than normal residential use.
4. Qualifying Diseases: Non-Hodgkin’s Lymphoma (NHL) and its certain subtypes (non-exhaustive list)
- B-cell lymphomas
- T-cell lymphomas
- Rare types of Non-Hodgkin’s Lymphoma
Additional information about NHL and its subtypes can be found at the American Cancer Society.