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Do I have a case or should I just give up?

Peoplec

Junior Member
#1
Should I pursue legal action or just give up?

I attended a college in the Mississippi Delta area that was surrounded by crops. I was an athletic trainer from 2007-2011, so I spent most of my time outside. From the football field to the soccer field and everywhere in between, I was there. There were constantly pesticides and herbicides being sprayed, and sometimes we even had air quality warnings. I was a pretty healthy young adult that got diagnosed with Lymphoma on April 1, 2011. Since that time there have been 4 other football players and athletic trainers diagnosed with a blood disorder or cancer. Some of them even passed away. I have pursued the RoundUp class action lawsuit but they want actual Farmers who sprayed the chemical, not people that were around these chemicals. My question is, should I continue to try to take legal action, and if so, how?
 


quincy

Senior Member
#2
Should I pursue legal action or just give up?

I attended a college in the Mississippi Delta area that was surrounded by crops. I was an athletic trainer from 2007-2011, so I spent most of my time outside. From the football field to the soccer field and everywhere in between, I was there. There were constantly pesticides and herbicides being sprayed, and sometimes we even had air quality warnings. I was a pretty healthy young adult that got diagnosed with Lymphoma on April 1, 2011. Since that time there have been 4 other football players and athletic trainers diagnosed with a blood disorder or cancer. Some of them even passed away. I have pursued the RoundUp class action lawsuit but they want actual Farmers who sprayed the chemical, not people that were around these chemicals. My question is, should I continue to try to take legal action, and if so, how?
I think you should continue to look for an attorney who can personally review the facts of your exposure to see if there is a legal action worth the cost of pursuing. It appears to me you have a good cause of action, based solely on what you have said here.

Good luck.
 
#4
Should I pursue legal action or just give up?

I attended a college in the Mississippi Delta area that was surrounded by crops. I was an athletic trainer from 2007-2011, so I spent most of my time outside. From the football field to the soccer field and everywhere in between, I was there. There were constantly pesticides and herbicides being sprayed, and sometimes we even had air quality warnings. I was a pretty healthy young adult that got diagnosed with Lymphoma on April 1, 2011. Since that time there have been 4 other football players and athletic trainers diagnosed with a blood disorder or cancer. Some of them even passed away. I have pursued the RoundUp class action lawsuit but they want actual Farmers who sprayed the chemical, not people that were around these chemicals. My question is, should I continue to try to take legal action, and if so, how?
I put in bold a key part of the facts: you were diagnosed with the lymphoma on April 1, 2011. That was over six years ago. Under Mississippi law, it appears that the statute of limitations to sue on a personal injury claim is 3 years. This means you may have waited too long to pursue a lawsuit here. So run, don’t walk, to a personal injury lawyer in Mississippi to find out if there is any chance you may pursue this claim now at this late date because if there is still time that time may not be long. Most personal injury lawyers give a free initial consultation. Just be prepared that you may be told it is too late now to sue anyone over this.

Bear in mind that even if you still have time to sue, this won’t be an easy case. You bear the burden to prove negligence on the part of the person you are suing and proving that the negligence was the cause of your injury. It’s not clear here whether the right person to sue is the college, the manufacturer of the pesticides, or the farmers using them. You need to know what pesticides were used and be able to prove that your exposure to that likely caused your lymphoma. If the college is a state college, there are additional issues in suing the state. These issues are all the more reason you need to promptly see a lawyer because if you can still sue the lawyer will need time to sort out these things in order to file the lawsuit.
 

quincy

Senior Member
#5
I put in bold a key part of the facts: you were diagnosed with the lymphoma on April 1, 2011. That was over six years ago. Under Mississippi law, it appears that the statute of limitations to sue on a personal injury claim is 3 years. This means you may have waited too long to pursue a lawsuit here. So run, don’t walk, to a personal injury lawyer in Mississippi to find out if there is any chance you may pursue this claim now at this late date because if there is still time that time may not be long. Most personal injury lawyers give a free initial consultation. Just be prepared that you may be told it is too late now to sue anyone over this.

Bear in mind that even if you still have time to sue, this won’t be an easy case. You bear the burden to prove negligence on the part of the person you are suing and proving that the negligence was the cause of your injury. It’s not clear here whether the right person to sue is the college, the manufacturer of the pesticides, or the farmers using them. You need to know what pesticides were used and be able to prove that your exposure to that likely caused your lymphoma. If the college is a state college, there are additional issues in suing the state. These issues are all the more reason you need to promptly see a lawyer because if you can still sue the lawyer will need time to sort out these things in order to file the lawsuit.
This thread is an old one from May. It was revived by aylwardgames for some unknown reason. Peoplec has not returned to the forum since first posting.

Please look at posting dates. Thanks.

One additional note: The statute of limitations can be extended by what is called the "discovery rule." If there is an injury but either the injury OR the cause of the injury is not discovered until after the statute of limitations has expired, it can still be possible to have a personal injury action to pursue. An extension is not all that uncommon in cases involving toxic chemicals and environmental hazards.
 
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quincy

Senior Member
#7
Acck, I should have seen the posting date. :eek:
I think all of us have added to old threads that have been pulled from the archives (usually by spammers - aylwardgames is from Australia, advertising an Australian business).

It is easy to miss the dates.

Usually the "necroposts" will get reported sooner than this so the old thread is sent back in time before additional posts can be added.

That said, your post is a good addition to the thread, even if the original poster is no longer around to benefit from it. :)
 
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