| Read Time: < 1 minute | Defective Consumer Devices

Judge Says 3M Can’t Use “Government Contractor Defense”

July 27, 2020 – A federal judge in Florida has harpooned a key legal defense that 3M planned to use against thousands of lawsuits accusing the company of knowingly making defective earplugs used by U.S. soldiers. Maplewood-based 3M has denied the allegations and invoked the “government contractor defense,” which shields contractors from tort liability for defects in products designed and developed for the federal government. 3M has claimed that the earplug in question was designed in close collaboration with the military. But U.S. District Court Judge M. Casey Rodgers ruled Friday that there was insufficient evidence “to establish the elements of the government contractors defense” by 3M. Reference: Hughlett, Mike, 27 July 2020, Judge Says the Maplewood-based Firm Can’t Use the “Government Contractor Defense”, accessed 20 October 2020 https://www.startribune.com/judge-rules-against-key-3m-defense-in-earplug-lawsuit/571921552

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Bayer Agrees To Pay $10 Billion To Settle Around 92,000 Pending Roundup Lawsuit

June 2020 — In June 2020, Bayer announced a $10.9 billion settlement. Around $8.8 to $9.6 billion was reserved for current claims, and $1.25 billion was reserved for future litigation. Reference:  Hoff, Caitlin. “Bayer Agrees to $10.9 Billion Roundup Settlement.” ConsumerSafety.org, 12 Aug. 2020, www.consumersafety.org/news/bayer-agrees-to-10-9-billion-roundup-settlement/.

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Bayer On A Losing Streak

Bayer lost all three Roundup trials held to date, which occurred in 2018 and 2019.  The juries all found that Roundup does cause cancer and punished Monsanto with extremely large amounts of punitive damages.  Reference:  Stempel, Jonathan. “Mediator Reports ‘Substantial Progress’ by Bayer in Resolving Roundup Cancer Lawsuits.” Insurance Journal, 10 Nov. 2020, www.insurancejournal.com/news/national/2020/11/10/590115.htm#:~:text=Bayer%20has%20said%20Roundup%20is,committed%E2%80%9D%20t o%20settling%20the%20litigation.

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| Read Time: < 1 minute | Defective Consumer Devices

Third Roundup Cancer Case Ends With Landmark $2 Billion Verdict

May 13, 2019 — Pilliod v Monsanto — A husband and wife in their 70s from Livermore, California who regularly used Roundup products sued Monsanto. The husband had developed large B-cell non-Hodgkin’s lymphoma (NHL) and the wife had been diagnosed with central nervous system lymphoma which later progressed to NHL. After weeks of trial, the jury in Oakland, California entered a staggering verdict of $2,055,206,173, which included $2 billion in punitive damages against Monsanto. Reference:  Cohen, Patricia. “$2 Billion Verdict Against Monsanto Is Third to Find Roundup Caused Cancer” The New York Times, May 13, 2019, https://www.nytimes.com/2019/05/13/business/monsanto-roundup-cancer-verdict.html

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Louisville Lawyer Wins $80 Million Verdict Against Monsanto

March 28, 2019 — Hardeman v. Monsanto — In February, 2019, a Louisville, Kentucky lawyer won an $80.3 million verdict against Monsanto after the jury found that Roundup was the cause of cancer in the first Federal Court case from the Roundup MDL to go to trial. The plaintiff was a 70-year-old male who lived with his wife in Sonoma County, California on 56 acres. He had used Roundup products to treat poison oak, weeds and overgrowth on his property in the 1980s and continued heavy spray activity through 2012. Three years later, he got a cancer diagnosis of non-Hodgkin’s lymphoma. The jury found that the popular weed killer was defective and awarded him $80 million which included a $75 million punitive damage award. Reference: Wolfson, Andrew. “Louisville Lawyer Wins $80M Verdict against Monsanto over Weedkiller Roundup.” Courier Journal, 28 Mar. 2019, www.courier-journal.com/story/news/2019/03/28/monsanto-roundup-cancer-lawsuit-louisville-lawyer-wins-huge-verdict-80-million/3295421002/.

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| Read Time: 2 minutes | Dangerous Drugs

Your Wrongful Death Attorney

Unfortunately, at Gerling Law, our professional team is familiar with accidents that result in wrongful death. If you know someone who has passed away due to another person’s negligent behavior, we offer our deepest apologies. This time is difficult, painful, and unfair. To make the situation worse, these particular types of cases are often constricted by a statute of limitations. You and your family should be grieving at this time, not stressing over the legal process. Therefore, we invite you to leave the law to us. An Attorney Can Help According to the Centers for Disease Control and Prevention, more than 90,000 deaths occur throughout the United States due to medical malpractice, which is just one example of wrongful death. Wrongful death can occur from many types of accidents, including the following: an automobile accident, a slip, and fall accident, a workplace accident, a product liability accident, and more. As stated time and time again, accidents do happen every single day. However, when the accident could have been prevented, then the responsible party needs to be held accountable for his or her negligent actions. An educated and skilled attorney can help you. Firstly, the legal process can often be complicated and tedious. Second of all, it goes without saying that most clients, rightfully so, do not have a clear mind during this trying time. From tracking down witnesses to making phone calls on your behalf, at Gerling Law, our main concern is you. Contact a Gerling Wrongful Death Attorney Today Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: < 1 minute | Defective Consumer Devices

Study Reveals Risk Of Glyphosate

February 2019–In February 2019, researchers at the University of Washington studied the relationship between non-Hodgkin’s lymphoma and high, long-term exposure to glyphosate. They found that high exposure to glyphosate increased a person’s risk of non-Hodgkin’s lymphoma by 41%. Reference:  Moncivais, Katy. “Roundup Cancer Lawsuit: 2020 Updates & Settlements.” Consumer Safety, 8 Jan. 2021, www.consumersafety.org/product-lawsuits/roundup/. 

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| Read Time: 2 minutes | Defective Consumer Devices

Consult with an Indianapolis Defective Consumer Devices Attorney Today

If you have been injured due to a defective product, it is time to seek the advice of an Indianapolis defective products attorney from Gerling Law. Suffering an injury can cause major financial difficulties from medical bills, loss of wages and other related expenses. If you are suffering from an injury, you need to get someone in your corner that understands the process and has been involved in such a case before. Even if you don’t feel that you are ready to file a lawsuit, you need to get the protection of an attorney in your corner. One of our skilled attorneys in Indiana can help you in many ways throughout the process and can help you get some relief from the stress. Relieve the Pressure with the Help of an Indianapolis Defective Products Attorney An Indianapolis defective products attorney can provide you with the backup that you need from the start. They will be able to protect you from the many phone calls that come from attorneys, insurance companies, and other involved individuals. Handling your health and dealing with recovery should be your job. An attorney can handle the rest with your help. They will talk to everyone involved to learn more about the situation and will ask that you authorize them to ask questions regarding your health. The doctors, with your approval, will forward medical reports about your progress to them directly for review. They will work with the manufacturers to make sure that you and your family get the help that you deserve and need during this time. Get Started Today by Hiring an Indianapolis Defective Products Attorney Don’t wait to call on an Indianapolis defective products attorney for help with your legal situation. The sooner that you meet with an attorney and discuss your options, the sooner you will feel some relief from the weight that is likely on your shoulders. One of our expert attorneys can provide you with honest feedback about the case and let you know what you should expect. They will help you plan for the case so you can focus on the important things. Call Gerling Law at 888-437-5464 today to talk about your options and learn more about the process ahead.

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First Roundup “Bellwether” Trial Win Against Monsanto for $289 Million

August 2018 — Johnson v Monsanto — In August 2018, the plaintiff, Dewayne Johnson, brought the first non-Hodgkin’s lymphoma lawsuit against Monsanto in front of a jury. Mr. Johnson had been a 46-year-old former groundskeeper for a school district who applied Roundup products to school properties as part of his job duties on a regular basis for years. In 2015, he had been diagnosed with non-Hodgkin’s lymphoma. Following an 8-week trial, the jury found that Monsanto was liable and awarded $289 million in total damages, which included $250 million in punitive damages. The judge later capped the punitive damage award, reducing the total jury award down to $78.5 million. Bayer had officially acquired Monsanto just as these lawsuits were beginning to appear in front of juries.  After the acquisition, Bayer faced up to 125,000 Roundup lawsuits, according to public statements. Reference:  Moncivais, Katy. “Roundup Cancer Lawsuit: 2020 Updates & Settlements.” Consumer Safety, 8 Jan. 2021, www.consumersafety.org/product-lawsuits/roundup/

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