There are many different types of Maryland product liability cases. Some product liability cases involve manufacturing mistakes while others are based on the defective design of a product or that it is unreasonably dangerous. Recently, the manufacturer of Round-Up weed killer has been in the hot seat after thousands of frequent users of the product have developed a specific type of cancer. While the manufacturer of the product claims that the product is safe, others argue that high levels of exposure can result in users developing non-Hodgkin’s lymphoma.
Currently, a jury is considering phase one of a bellwether trial in San Francisco. A bellwether trial is the first case to proceed to trial that presents an issue that is also presented by many other pending lawsuits that have been filed by plaintiffs who are making similar claims. Thus, the result of a bellwether trial can be incredibly important to how the other subsequent lawsuits proceed. For example, if a judge decides a specific pre-trial motion in favor of the plaintiff, the defendant may be more willing to settle the subsequent cases.
According to a recent news report, the case involves a man who developed non-Hodgkin’s lymphoma after using Round-Up over 300 times in his 26-year career. The man claims that his use of Round-Up throughout his career was a “substantial factor” in causing his cancer. In addition, the plaintiff claims that the manufacturer of the product attempted to influence the public’s perception of the product’s safety by influencing scientists and regulators.
The judge overseeing the case determined that the plaintiff’s allegations of the defendant’s attempt to influence would be “distracting” to the jury as it considered the scientific questions of causation. Thus, the court ordered that the trial proceeds in two phases. In the first phase, the jury will determine if Round-Up was a substantial factor in causing the plaintiff’s cancer. If the jury finds that it does, then the trial will proceed to phase two in which the plaintiff will present the evidence of corporate misconduct. If the jury determines that Round-Up was not a substantial factor in bringing about the plaintiff’s cancer diagnosis then there not be a second phase to the trial.
Have You Been Diagnosed with Cancer after Using Round-Up?
If you or a loved one has recently been diagnosed with cancer after frequently using Round-Up, contact the dedicated Maryland personal injury lawyers at Lebowitz & Mzhen, LLC. At Lebowitz & Mzhen, we proudly represent injury victims and their families across Maryland, Virginia, and Washington, D.C. in all types of personal injury cases, including Maryland product liability claims. In addition to our experienced team of Maryland personal injury attorneys, we also have a large network of expert witnesses with whom we consult regularly. To learn more about us, and how we can help you pursue a claim for compensation based on the injuries you have sustained, call 410-654-3600 to schedule a free consultation today.
More Blog Posts:
Court Issues Important Decision for Maryland Accident Victims with Claims Against the Federal Government, Maryland Accident Law Blog, March 1, 2019.
Contributory Negligence in Maryland Premises Liability Cases, Maryland Accident Law Blog, February 18, 2019.