The highly anticipated class action against Monsanto Australia Pty Ltd was officially filed in the Federal Court by LHD Lawyers on 27 November 2019.
The legal action has arisen following compelling scientific studies evidencing a link between exposure to Roundup, the most commonly used herbicide in the world, and the development of Non-Hodgkin’s Lymphoma.
Glyphosate is the active ingredient in Roundup and, since 2015, it has been categorised by the International Agency for Research on Cancer (IARC) as a Group 2a carcinogen, meaning the chemical ‘probably causes cancer’ in humans.
It is alleged that Monsanto mislead consumers by suggesting that Glyphosate was safe and did not pose a health risk to humans who followed the company’s product safety directions. It is also alleged that Monsanto breached consumer product safety guarantee provisions in the Australian Consumer Law.
The herbicide Roundup has been available for purchase in Australia since 1976 and is used for both domestic and agricultural purposes.
LHD are currently representing numerous group members who have registered to join the legal action. Those who have registered have developed Non-Hodgkin’s Lymphoma allegedly as a result of their exposure to the Roundup herbicide both in agricultural and domestic settings. Most group members have suffered physically, emotionally and financially as a result of their diagnosis, having been required to undergo extensive treatment programs and being left unable to work or with limited capacity.
The legal action also includes compensation to relative claims for those who have lost family members who were exposed to Roundup and subsequently died from Non-Hodgkin’s Lymphoma. A compensation to relatives claim can cover economic losses, including lost wages and superannuation and can also include medical and funeral expenses.
One of the group members is the class actions lead applicant, Mr John Fenton, from South Australia. Mr Fenton comes from an agricultural background, having engaged in work as a Farm Hand in rural Victoria, during which he was exposed to Roundup on a regular basis when tasked to control weeds throughout various farming properties.
In 2000 Mr Fenton also commenced a contract weed spraying business in Warrnambool Victoria, which involved hours of exposure to Round up per week when mixing and spraying the product at various dairy farms.
Mr Fenton was subsequently diagnosed with Non-Hodgkin’s Lymphoma in 2008, and thereafter battled through extensive treatment involving months of general chemotherapy, intensive high dose chemotherapy and daily radiotherapy. Mr Fenton’s illness and treatment left him debilitated and unable to work for a number of years.
LHD Lawyers are still accepting registrants from those who have suffered from exposure to Roundup and wish to participate in the case at https://claims.lhd.com.au/roundup-class-action/