Paraquat February 2023 Updates –
Lawsuit and Parkinson’s Disease
The use of paraquat has sparked controversy worldwide, and scientists have linked the popular herbicide to many adversarial effects, such as neurodegenerative diseases, cancer, and other health problems.
Paraquat is banned in many countries due to its potential to cause serious health issues and has recently been subject to intense scrutiny.
Many studies have proven the connection between paraquat exposure and Parkinson’s disease. If you or a family member was diagnosed with Parkinson’s Disease after exposure to the herbicide paraquat, you might be entitled to compensation.
In this article, we will go through everything you need to know before filing a lawsuit against a Paraquat manufacturer. We will simplify and explore the timeline of updates, the dangers of paraquat, and what you should do to take the matter into your hands.
If you want guidance regarding your case’s specifics, a qualified paraquat lawsuit attorney may be able to help you determine if you have a valid paraquat lawsuit and provide legal advice on how to proceed.
What is Paraquat?
Paraquat is an herbicide used to eliminate weeds and vegetation. It has existed since the 1960s and is one of the world’s most widely used herbicides.
Paraquat is a non-selective, systemic herbicide, meaning it kills any plant it comes in contact with.
It has a wide range of applications, with the most common being the elimination of invasive weeds and grass. It is sold in liquid, granular, and wettable powder forms. In the United States, it is sold in a blue dye, and the product incorporates a vomiting agent so that it can be easily distinguished and not mixed with food.
Is Paraquat Legal in The US?
In the US, paraquat is legal, but it is categorized as a “restricted use” product by the US Environmental Protection Agency. In other words, paraquat is only available to licensed applicators. Due to health and environmental concerns, Paraquat has been banned in many countries, such as the European Union, Brazil, and China.
It is important to note that several manufacturers headquartered in a country where paraquat is banned still export it to other parts of the world, including the United States
What Are the Paraquat Herbicide Lawsuits About?
If you have been following the news about paraquat, you may have heard about the thousands of lawsuits filed related to the product.
These Paraquat cases are not a class action. Each person who developed Parkinson’s Disease from exposure to paraquat has a case that is prosecuted separately. The cases have all been centralized in the Southern District of Illinois before Judge Nancy Rosenstengel. All pretrial matters, such as depositions of the manufacturers’ witnesses, expert reports common to all cases, and other issues that relate to all cases equally, are handled in this consolidated proceeding, but each plaintiff has their own case.
These lawsuits allege, among other things, that the manufacturers failed to warn about the potential health risks of using paraquat. They seek damages for pain and suffering, medical expenses, economic losses, and emotional distress.
Who Manufactures Paraquat?
The primary defendants in the paraquat lawsuit are Syngenta and Chevron. Syngenta is a Swiss-based and China-owned agribusiness firm and one of the largest producers of herbicides in the world. Paraquat is banned in both China and Switzerland, but the company still exports to other countries under the name Gramoxone.
Chevron and Phillips66 are in a joint venture operating under Chevron Phillips Chemical Company LLC. The company is a major producer of petrochemicals and additives.
What Are the Symptoms of Paraquat Poisoning?
Paraquat can cause serious problems to humans and animals if ingested or even inhaled and exposed to the skin. Due to its high toxicity, individuals who have worked closely with the chemical are susceptible to health complications.
The most common and immediate symptom associated with paraquat poisoning is severe abdominal pain. This pain can last for several days and may be accompanied by fever, nausea, vomiting, and diarrhea.
In rare cases, abdominal pain may be accompanied by jaundice and yellowing of the skin and eyes.
Other symptoms of paraquat poisoning may include confusion, drowsiness, dizziness, difficulty breathing, and chest pain.
In cases where the individual has been exposed to the chemical for a longer duration or ingested the chemical in a considerable proportion, severe complications can occur. Some examples are kidney or lung failure, respiratory problems, paralysis, or even death.
While the Paraquat label warns consumers that drinking it can cause serious harm or death, the label contains no warnings about the link between Paraquat and Parkinson’s Disease.
Can Paraquat Exposure Cause Parkinson’s Disease?
Numerous studies suggest that exposure to paraquat may increase the risk of developing Parkinson’s disease, particularly in individuals who have been exposed to high levels of the herbicide over an extended period of time.
Indeed, there have been allegations that prominent manufacturers have tried to suppress scientific research, which shows a link between paraquat and Parkinson’s Disease.
If you have developed Parkinson’s disease and you have been exposed to paraquat in the past, do not let the inconclusive studies intimidate you. Contact our paraquat lawsuit attorneys today so that we can discuss your experience and file a legal claim against the manufacturer.
Paraquat Lawsuit Updates and Timeline
A brief timeline of the litigation process and the latest status of the lawsuits against Syngenta and Chevron is below:
September 2017
Thomas Hoffman filed a lawsuit in St. Clair County, Illinois, against Syngenta and Growmark. He claimed he was exposed to the substance at a young age and developed Parkinson’s disease as a result.
April 2021
Because of the growing number of similar claims filed throughout the United States, a Motion of Transfer was filed to centralize these cases into a Multidistrict Litigation (MDL).
June 2021
The Judicial Panel on Multidistrict Litigation (JPML) of the United States ordered that all federally filed paraquat lawsuits be centralized in the Southern District of Illinois. Judge Nancy J. Rosenstengel was set to preside over the litigation. In sixteen different districts, 77 actions are currently pending.
July 2021
174 cases are pending in federal courts so far, with additional cases pending in California, Missouri, and Illinois.
In a case management order, Judge Nancy J. Rosenstengel announced the sixteen lawyers that will represent the sixteen lawsuits over the herbicide paraquat.
November 2021
In an attempt to push the plaintiffs, the defendants requested to dismiss particular claims that suggest paraquat exposure to Parkinson’s disease. They requested that due to time restrictions known as the statute of limitations, some other claims should be dismissed as well.
In response, plaintiffs claim that defendants’ motions violate the fundamental purpose of an MDL, which is to ensure pretrial proceedings lead to the efficient, just, and expeditious resolution of all actions. The jury denied that proposal, and the plaintiffs were ordered to respond until December 2021.
December 2021
Class action judge Nancy J. Rosenstengel released an order issuing all plaintiffs filing a lawsuit from now on are required to complete the Plaintiff’s Assessment Questionnaire. The PAQ’s goal is to assess incoming cases relating disease to paraquat exposure.
As of December 2021, 482 cases are pending in federal courts– an exponential growth compared to the initial date of the MDL class action opening in June.
In a new case management order, the MDL judge issued the lawyers to complete a fact discovery check on the plaintiffs’ claims to proceed with the final pretrial conference of the chosen trial dates.
February 2022
Six hundred eighty-eight actions are now pending in federal courts– an exponentially progressive growth compared to previous months.
March 2022
The jury determined which cases would go to a bellwether trial, and the court gave both parties until April 8 to submit their case rankings based on trial scheduling preference. In November 2022, the first round of bellwether test trials will begin.
Meanwhile, the cases pending in federal courts as of March 16, 2022, are 875.
June 2022
The judge amended the order issued on March 2022. The new order sets July 25, 2022, as the deadline for completing fact discovery and medical examinations in the six bellwether trial cases.
August 2022
The judge issued an order postponing the first bellwether trial from November 2022 to July 2023.
The news that settlements will be delayed for another nine months and the rapid increase in the pending cases (1,749 in federal courts) is upsetting the plaintiffs.
September 2022
The lawsuits continue to increase with the same exponential rhythms, with 1,925 cases pending as of September 15, 2022.
December 2022
The judge once again postponed the date of the initial bellwether trials, this time from July 2023 to October 2023. These are frustrating news, but mass tort litigation lawyers advise plaintiffs to continue holding tight until the cases’ settlements.
As 2022 draws to a close, we surpassed the 2,000 cases mark (2,056 cases are pending in federal courts).
Paraquat Lawsuit Settlement Amounts
Trying to give a straightforward answer is not possible, but typically these are the factors that influence the final amount of the compensation:
Paraquat Exposure
If you were exposed to large amounts of paraquat over a long period, you might be entitled to more compensation than someone exposed to small amounts over a short period.
Medical Expenses
Following the same logic, considerable treatment expenses may lead to bigger compensation. A settlement or verdict will compensate both current and future medical bills.
Pain and Suffering
Proof of emotional distress, such as depression or anxiety caused by paraquat exposure, may increase the compensation.
Link to Parkinson’s Disease or Other Medical Conditions
As the scientific evidence linking the two is starting to consolidate, if you have been exposed to paraquat over a long period and have been diagnosed with Parkinson’s disease, this will potentially lead to more significant compensation.
The Outcome of the Bellwether Trials
After postponements and frustration among the plaintiffs, the bellwether trials are set to commence on October 2023. The outcome of the bellwether trials will set the tone for the individual cases moving forward and the amount that can be received after the settlement.
Ultimately, the compensation you are entitled to will depend on many factors. If you or your loved ones have been exposed to paraquat, contact our experienced attorneys, who will review the details of your case and help you seek the compensation you deserve.
What Are the Paraquat Lawsuit Qualifications?
Generally, you should obtain proof of the following:
- Evidence that you lived in an area where paraquat was being used or that you worked directly with paraquat
- Evidence of your medical bills and lost wages
- Evidence of Parkinson’s disease development or other health condition
- Evidence that you have not exceeded the amount of time in which you are allowed to file a claim– known as the statute of limitations
If you believe you have legal grounds for a lawsuit against paraquat manufacturers, you should consult with a qualified attorney. They will be able to evaluate the particulars of your case and advise you on your legal options.
When Should I Expect My Paraquat Lawsuit to Settle?
We understand that this question is in every plaintiff’s mind, especially after the postponements of the initial bellwether trials, since these will help determine the outcome of the individual cases.
However, the push in the courts since the cases are continuing to increase, and the two postponements of the bellwether trials lead us to believe that 2023 will be the year of sturdy predictions regarding the outcome and the date of the following individual trials.
If you are involved in a lawsuit against paraquat manufacturers, you should consult our paraquat lawsuit attorneys about the potential timeline. Based on the specifics of your case, they will give you a better idea of what to expect.
Get In Contact With Our Lawyers to Receive the Compensation You Deserve
Navigating the legal system and fighting for the compensation you deserve can be overwhelming and intimidating, especially if you are already dealing with the physical and emotional effects of your paraquat exposure.
That’s where our lawyers can help. With years of experience and expertise in personal injury law, our lawyers can provide you with the legal representation you need to get the compensation you deserve.
They will work tirelessly to ensure that your rights are protected and that you receive the maximum compensation. So if you have been injured and are seeking financial compensation, don’t hesitate to contact Nigh Goldenberg Raso & Vaughn to claim justice today at 202-792-7927.
