Despite Monsanto’s acquisition by Bayer AG in 2018, product liability lawsuits against the agrochemical giant continue to mount. The Monsanto name has become synonymous with one of the largest mass tort litigations in history, driven primarily by allegations that its flagship herbicide, Roundup, causes cancer. For New Mexico residents who have used Roundup and been diagnosed with non-Hodgkin lymphoma or other cancers, the ongoing litigation represents a continuing opportunity to seek justice and compensation.
Monsanto’s legacy of product liability extends beyond Roundup to include PCBs, Agent Orange, bovine growth hormone, and genetically modified seeds. The company’s history of prioritizing profits over consumer safety — as revealed through internal documents during litigation — has made it a focal point for product liability law nationwide.
The Roundup Cancer Litigation
Roundup contains glyphosate, the world’s most widely used herbicide ingredient. In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans.” This classification, combined with damning internal Monsanto documents, triggered a wave of lawsuits that has grown to more than 160,000 claims.
The Monsanto Papers
Perhaps the most damaging evidence in the Roundup litigation has been Monsanto’s own internal communications, known as the “Monsanto Papers.” These documents, obtained through discovery in litigation, revealed that Monsanto:
- Ghostwrote scientific studies that were published under the names of independent academics to create the appearance of independent support for glyphosate safety
- Worked to discredit scientists and organizations — including IARC — that raised concerns about glyphosate’s carcinogenicity
- Had internal discussions acknowledging that Roundup could cause cancer but chose not to conduct definitive safety studies
- Cultivated relationships with EPA officials to influence regulatory decisions
These revelations have been central to jury verdicts finding Monsanto liable for failing to warn consumers about cancer risks.
Monsanto’s Other Product Liability Legacy
Polychlorinated Biphenyls (PCBs)
Monsanto was the sole U.S. manufacturer of PCBs from 1935 to 1977. PCBs are now classified as known human carcinogens and persist in the environment decades after production ceased. Municipalities, school districts, and individuals continue to file lawsuits over PCB contamination of water systems, buildings, and land.
Agent Orange
Monsanto was one of several manufacturers of Agent Orange, the herbicide used extensively during the Vietnam War. Veterans and Vietnamese civilians have suffered devastating health effects, including cancer, birth defects, and neurological damage. While a 1984 class-action settlement addressed some claims, litigation related to Agent Orange’s health effects continues.
Product Liability Law in New Mexico
New Mexico’s product liability laws provide robust protections for consumers harmed by dangerous products:
Strict Liability
Under New Mexico’s adoption of the Restatement (Second) of Torts § 402A, manufacturers are strictly liable for injuries caused by defective products. This means plaintiffs do not need to prove that the manufacturer was negligent — only that the product was defective and caused their injuries.
Three Types of Product Defects
- Manufacturing defects — The product deviated from its intended design during production
- Design defects — The product’s design is inherently unreasonably dangerous
- Marketing defects (failure to warn) — The product lacks adequate warnings or instructions about known risks
In Roundup cases, the primary theory is failure to warn — Monsanto knew or should have known about cancer risks and failed to include adequate warnings on the product label.
Statute of Limitations
New Mexico’s statute of limitations for personal injury claims is three years from the date the injury was discovered or should have been discovered (N.M. Stat. § 37-1-8). The discovery rule is particularly important in toxic exposure cases where diseases develop years after exposure.
Pure Comparative Negligence
Under NMSA § 41-3A-1, New Mexico follows a pure comparative negligence standard. Your recovery is reduced by your percentage of fault but is never completely barred.
Who Can File a Roundup/Monsanto Lawsuit?
You may have a viable claim if you:
- Used Roundup or other glyphosate-based herbicides regularly
- Were diagnosed with non-Hodgkin lymphoma, chronic lymphocytic leukemia, B-cell lymphoma, or other lymphatic cancers
- Can establish a timeline of exposure prior to diagnosis
High-risk groups include agricultural workers, landscapers, groundskeepers, nursery workers, and homeowners who regularly applied Roundup.
Compensation Available
Victims may recover:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages for egregious corporate conduct
- Wrongful death damages if the exposure was fatal
Frequently Asked Questions
Is Monsanto still a company?
Monsanto was acquired by Bayer AG in 2018, and the Monsanto name was retired. However, Bayer inherited all of Monsanto’s liabilities, including the Roundup litigation. Lawsuits continue to name both Monsanto and Bayer as defendants.
Can I still file a lawsuit against Monsanto/Bayer?
Yes. New lawsuits continue to be filed, particularly by individuals recently diagnosed with cancer linked to Roundup exposure. The statute of limitations begins when you are diagnosed or learn of the connection between your illness and the product.
What evidence do I need for a Roundup lawsuit?
Key evidence includes documentation of your Roundup use (purchase records, employment history, testimony), medical records confirming your cancer diagnosis, and expert medical opinions linking your cancer to glyphosate exposure. An experienced attorney can help gather and present this evidence.
How long does a Monsanto/Roundup lawsuit take?
Timelines vary. Some cases settle within one to two years, while others may take longer if they go to trial. Cases in multidistrict litigation may follow a different timeline based on bellwether trial outcomes and settlement negotiations.
Contact Dominguez Law for a Free Consultation
If you or a loved one has been diagnosed with cancer after using Roundup or another Monsanto product, you may be entitled to significant compensation. At Dominguez Law, we have the experience and resources to take on large corporations and fight for justice.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
