Paraquat Lawsuit – September 2024 Update

The Paraquat Lawsuit Is An Active Lawsuit

See If You Qualify!

Individuals who were exposed to the herbicide paraquat and diagnosed with Parkinson’s disease may be eligible to file a lawsuit and receive compensation. Paraquat is a widely used commercial-strength herbicide that is classified as “restricted use” by the U.S. Environmental Protection Agency. Research shows that exposure to the toxic weed killer may be linked to several health hazards, including Parkinson’s disease. 

Litigation against the manufacturers of paraquat-containing products is in its early stages. People who have been harmed by paraquat should come forward as soon as possible to pursue compensation through a settlement or judgment.

King Law is reviewing potential claims nationwide, focusing on how manufacturers knew (or should have known) about paraquat’s risks and failed to warn consumers. Individuals who were exposed to paraquat and diagnosed with Parkinson’s disease may qualify for compensation and are encouraged to contact our office for a free case review.

Paraquat Lawsuit Update – September 2024

September 11, 2024: New Paraquat Lawsuit Alleges Negligence in Minnesota Man’s Death

In the most recent Paraquat lawsuit filed on September 10, 2024, the Trustee of the Estate of a now deceased Minnesota man alleges the use of Paraquat resulted in the plaintiff developing Parkinson’s disease and renal disease, ultimately leading to his death.

Among other counts, the lawsuit claims the defendants, Syngenta Crop Protection, LLC; Syngenta AG; and Chevron U.S.A., Inc.; acted negligently. The complaint, filed in the Southern District of Illinois federal court, alleges that defendants “…had a duty to exercise ordinary care in the designing, researching, testing, manufacturing, marketing, supplying, promoting, packaging, sale, and/or distribution of Paraquat products into the stream of commerce, including a duty to assure that the product would not cause those exposed to it to suffer unreasonable and dangerous side effects.”

The complaint demands relief for medical expenses and other economic damages, pain and suffering, wrongful death, burial and funeral expenses, loss of companionship and society, punitive damages, and attorney fees.

September 4, 2024: Importance of Filing Requirements Highlighted in Paraquat MDL Judge’s Latest Decision

Chief Judge Nancy J. Rosenstengel issued an order regarding the Paraquat Products Liability Litigation (MDL 3004). In her August 28, 2024 order, the judge partially overruled the advice of the Special Master’s Report and Recommendation, which sought to dismiss some cases for non-compliance. The Report asked that 137 cases be dismissed due to missing or incomplete Plaintiff’s Assessment Questionnaires. Some of these cases were dismissed without prejudice, meaning the plaintiffs can file another action under this MDL. However, the dismissal highlights the importance of compliance with Case Management Orders and using an experienced and efficient attorney.

August 25, 2024: Judge Dismisses Four Paraquat Test Trials, Delaying Litigation

Judge Rosenstengel dismissed four test trials in a 97-page decision regarding the admissibility of the Plaintiff’s expert. The Plaintiffs had relied on Dr. Martin Wells to establish that exposure to Paraquat significantly increases the likelihood of developing Parkinson’s disease. However, the judge ruled that Dr. Wells’ work was insufficient under the law, specifically noting that the meta-analysis conducted by Dr. Wells was incomplete. The dismissal of these four bellwether trials will delay the Paraquat lawsuit. Sixteen new test trials will be selected, and case-specific discovery will be completed. A bellwether trial is now expected in late 2025 at the earliest.

August 2024: In addition to the cases filed in federal court, there are also claims pending in state courts across the country. Bellwether trials have started to be selected in both, including those in the MDL out of Pennsylvania. Trials are expected to start in early 2025. As litigation progresses, potential settlement and payout amounts will become more clear.

June 2024: Some lawsuits consolidated in the Paraquat MDL face the risk of being dismissed after claimants in the cases failed to follow the “New Case Filing Instructions” required by the court. Individuals who believe they have a valid paraquat claim are encouraged to contact an experienced attorney to ensure all legal requirements are met in their case.

May 2024: Additional research linked exposure to environmental toxins with an increased risk of developing Parkinson’s disease. A literature review and meta-analysis published in the journal “Science of The Total Environment” listed paraquat as an agent of concern in connection with Parkinson’s disease.  The study indicates that occupational exposure to industrial toxins had the highest risk.

April 2024: Over 5,000 lawsuits have been filed in the Paraquat MDL out of the Southern District of Illinois.

March 2024: A new study found an association between exposure to paraquat dichloride and Parkinson’s disease. The study indicates that patients with Parkinson’s more frequently lived or worked near agricultural areas where the herbicide was used.

About the Paraquat Lawsuit:

What Is Paraquat?

Paraquat (paraquat dichloride) is a highly toxic herbicide mainly used to control weeds and grasses. Popular products containing paraquat include Gramoxone, Helmquat, Firestorm, and Parazone. Due to its toxicity, the U.S. Environmental Protection Agency (EPA) classified  paraquat as a “Restricted Use Pesticide” (RUP) meaning it can only be used by trained, certified applicators. One small sip of the chemical can be fatal. To help prevent accidental ingestion, paraquat is marketed with a blue dye, sharp odor, and vomiting agent. International formulations, however, may lack these features. 

Commercial production of paraquat began in 1961. It is one of the most commonly used herbicides in the world. It is frequently used to dry cotton crops before harvest, control weeds and grass in fruit orchards and crop fields, remove leaves from hops and destroy potato stems. It is used extensively by farmers on a variety of crops and can act as a desiccant or defoliant, making harvest easier. To ensure safety, it must be stored in labeled containers, out of the reach of children, and away from residential areas. 

It is illegal to transfer paraquat to drink containers. Licensed applicators are at an increased risk of poisoning from accidental ingestion and other harm. Unlike other chemicals, a licensed applicator may not supervise an unlicensed person applying paraquat. Its application is strictly limited to individuals with proper licensing and safety certification.

What Is Paraquat Used For?

Paraquat is a highly toxic chemical primarily used in agricultural settings to control invasive weeds. It is used on a wide variety of crops, including soy, corn, and cotton. In addition to being an effective weed killer, farmers often use the chemical to help reduce labor and support regenerative agricultural practices such as no-till farming. Paraquat becomes quickly inactive in the soil, meaning farmers can apply the herbicide and plant new vegetation soon after application.

Common uses of Paraquat:

• Control invasive weeds and grasses
• Apply pre-harvest as a desiccant or defoliant for crops (dry-down)
• Support soil conversation through low-tilling practices

Although there are many agricultural benefits, paraquat products are not registered for homeowner use or application in residential areas because of the chemical’s toxicity. Special training and certification is required to use paraquat.

Paraquat Poisoning: Symptoms and Side Effects

Paraquat exposure can lead to short- and long-term health problems, including the potential for an increased risk of Parkinson’s disease. Individuals who have been exposed to paraquat through ingestion may be at risk of poisoning. Signs of paraquat poisoning may begin in the digestive system with pain, swelling, sores, and bleeding in the mouth and throat before moving to other areas of the body, causing seizures and coma.  A mouthful of a 20% solution of Paraquat can be lethal, emphasizing the need to take extreme caution around the toxic substance. 

Symptoms of Paraquat Exposure:

• Abdominal pain
• Bloody diarrhea
• Dehydration
• Electrolyte abnormalities
• Low blood pressure
• Heart failure
• Kidney failure
• Liver failure
• Lung scarring
• Nausea
• Pain and swelling in the mouth and throat 
• Vomiting

Ingestion of paraquat may cause the rapid onset of acute kidney failure, confusion, coma, fast heart rate, heart and liver failure, quicker lung scarring, muscle weakness, pulmonary edema, respiratory failure leading to death, and seizures. 

If paraquat poisoning doesn’t become fatal, long-term side effects of paraquat poisoning include lung damage, kidney or heart failure, and esophageal strictures. 

Studies Explore Link Between Paraquat and Parkinson’s Disease

There is compelling evidence that links paraquat exposure to an increased risk of dangerous and debilitating health conditions, including Parkinson’s disease. Individuals who have been exposed to the herbicide are encouraged to engage in regular health monitoring and to contact legal counsel if any adverse health issues arise. 

Over the past two decades, multiple studies have found that exposure to environmental toxins like paraquat is linked to a higher risk of developing Parkinson’s disease. Animal studies indicate that paraquat and rotenone can cause oxidative stress and mitochondrial dysfunction, which are potential mechanisms for Parkinson’s disease, and induce Parkinson’s-like symptoms in rodents.

For example, an April 2024 meta-analysis of international data found that environmental and occupational exposure to paraquat increased the likelihood of developing paraquat. The analysis, called, “Literature review and meta-analysis of environmental toxins associated with increased risk of Parkinson’s disease,” found the highest risk of developing Parkinson’s was for people who worked with chemicals, such as paraquat. 

A February 2024 study published in the International Journal of Epidemiology examined how paraquat usage might lead to higher rates of Parkinson’s for people living and working in and around California’s agricultural fields.  The study, titled, “Agricultural paraquat dichloride use and Parkinson’s disease in California’s Central Valley,” found that people who lived and worked near fields where paraquat was applied had a higher likelihood of developing Parkinson’s disease. The study concluded, “This study provides further indication that paraquat dichloride exposure increases the risk of Parkinson’s disease.”

A 2011 study funded by the National Institutes of Health highlighted a strong link between paraquat exposure and Parkinson’s, showing workers exposed to paraquat had a 250% higher risk of developing PD. Additionally, long-term exposure to paraquat has been associated with oxidative stress, leading to neuronal damage and death, particularly in dopamine-producing neurons, which is a key factor in Parkinson’s disease pathology.

Studies suggest that paraquat contributes to the development of Parkinson’s disease by damaging neurons that produce dopamine, a critical neurotransmitter in the brain. In the 2020 book “Ending Parkinson’s Disease,” four leading neurologists cite paraquat as a causal factor for Parkinson’s, underscoring the significant concern within the scientific community about its role in the disease’s development.

Paraquat Exposure and the Onset of Parkinson’s Disease

People who were exposed to paraquat don’t usually develop Parkinson’s disease immediately. Unlike paraquat poisoning, the symptoms don’t develop shortly after exposure. There could be a lag of many years between paraquat exposure, symptoms, and a diagnosis of Parkinson’s disease or other neuro-degenerative disorders. If you were exposed to paraquat at any point in your life and developed Parkinson’s disease, you should contact an experienced personal injury attorney.

Is Paraquat Banned?

Companies worldwide manufacture products containing paraquat under various names. Although paraquat is banned in dozens of countries, the toxic chemical is still widely used and available for purchase. Regulatory agencies in the U.S. have implemented safety measures to help prevent accidental ingestion, such as requiring the liquid to have a blue dye, pro-vomiting agent, and distinct odor. These measures, however, may not be in effect in other countries. 

The EPA hasn’t banned the use of paraquat in the United States. However, in August of 2021, the EPA issued an interim decision for the pesticide, putting stronger safety measures in place, including:

• Limiting aerial applications
• Requiring residential buffers
• Prohibiting application by pressurized handguns and backpack sprayers
• Requiring enclosed cabs or respirators for ground-based applications
• Increasing the Restricted Entry Interval (REI) for several crops

However, many scientists, medical professionals, and citizens argue that these measures do not adequately protect workers and residents from the harmful effects of paraquat, including Parkinson’s disease.

Why Are People Filing Paraquat Lawsuits?

People are filing paraquat lawsuits claiming they developed Parkinson’s disease because of exposure to the chemical. Affected people may have worked in chemical plants or worked or lived near agricultural fields where paraquat was used. An increasing body of scientific research is connecting the widely-used weedkiller to developing neurodegenerative diseases, like Parkinson’s disease. People are filing lawsuits after being diagnosed with Parkinson’s disease to gain compensation for the life-altering condition, impacts to quality of life, need for long-term care, and untimely deaths.

Who Are People Filing Paraquat Lawsuits Against?

Patients who developed Parkinson’s disease after paraquat exposure are suing chemical manufacturers. In their lawsuits, plaintiffs allege that chemical companies knew about the risk of Parkinson’s disease and did not do enough to warn or protect people who come into contact with the widely used weed killer. They also claim that manufacturers of paraquat put profits before people by lobbying to keep the toxic chemical on the U.S. market.

Who Manufactures Paraquat?

The two primary manufacturers in the U.S. are Syngenta, which currently manufactures Gramoxone, and the Chevron Chemical Company, which manufactured Gramoxone for more than 20 years. Both have faced lawsuits alleging they were negligent in handling and manufacturing Paraquat-containing products.

At least 377 companies worldwide sell products containing the highly toxic substance. However, it is banned in at least 32 countries, including China, because of the danger it poses to humans. Paraquat is often found in products combined with other herbicides like diquat, simazine, linuron, and metolachlor, increasing its toxicity. 

The following companies manufacture or have manufactured paraquat:

What Brand Names Was Paraquat Sold Under?

At least 377 companies worldwide sell products containing the highly toxic substance. Some of the most common brand names are Gramoxone, Helmquat, Bonedry, and Firestorm. Paraquat is often found in products combined with other herbicides like diquat, simazine, linuron, and metolachlor, increasing its toxicity.

What Products Contain Paraquat?

Companies worldwide manufacture products containing paraquat under various names. While banned in dozens of countries, the toxic chemical is still widely used and available for purchase. Regulatory agencies in the U.S. have implemented safety measures to help prevent accidental ingestion, such as requiring the liquid to have a blue dye and distinct odor. These measures, however, may not be in effect in other countries.

Popular brand names of Paraquat-containing products:

Paraquat Ingredients – Active and Inactive

Paraquat’s active ingredient is paraquat dichloride (1,1′-dimethyl-4,4′-bipyridinium dichloride), which accounts for 43.8% of the formulation. Other ingredients make up 56.2% of the formulation. With 3.0 pounds of paraquat cation per gallon, it is equivalent to 4.143 pounds of the salt form per gallon. In the U.S., safety measures require paraquat-containing products to include a stench (odor) and an emetic to induce vomiting upon ingestion.

Paraquat Lawsuit Qualifications and Eligibility

You must meet certain eligibility requirements to file a paraquat lawsuit. If you believe that you may qualify for compensation, it is recommended that you speak with an attorney as soon as possible. An attorney can help discuss any legal avenues available to you (and your family) and ensure you meet the legal requirements to file a claim. 

Eligibility Criteria for a Paraquat Lawsuit:

• Exposure Requirement: Claimants must be able to show evidence of exposure to paraquat through agricultural work, landscaping, or proximity to sprayed areas.
• Health Effects: Plaintiffs need to have suffered adverse health effects like Parkinson’s disease, kidney failure, or respiratory issues due to paraquat exposure. This includes individuals who have died because of exposure.
• Proof of Causation: Successful lawsuits will be able to demonstrate a causal relationship between paraquat exposure and the medical condition, utilizing medical records, expert testimonies, etc. It is important to know that the defendants argue against a proven link between paraquat and Parkinson’s disease, denying wrongdoing.

High-risk occupations that may have a valid paraquat claim:

• Bottlers, sprayers, or individuals in contact with paraquat
• Employees of companies utilizing paraquat
• Residents near farms where paraquat is applied
• Factory workers, farmworkers, licensed applicators, and nearby residents are particularly mentioned as potential plaintiffs.

Certain groups of people are at higher risk for serious paraquat-related injuries and may have stronger claims. Agricultural workers, such as farmers, chemical mixers, tank fillers, and herbicide applicators, should consider taking legal action if they are sickened by the toxin. Residents living near farming communities are also at risk. A 2009 study showed a 75% increased risk of developing Parkinson’s disease if living within 1,600 feet of a sprayed area.

Any individual diagnosed with Parkinson’s disease linked to paraquat exposure should consult an experienced personal injury lawyer to explore legal options. Paraquat lawsuits can be complex and should be handled by an attorney. It is often challenging for farmworkers and residents near farms to establish a link between paraquat exposure and their injuries. An attorney can help strengthen your case and ensure you receive the compensation you deserve.

Evidence Needed to File a Paraquat Lawsuit

To file a paraquat lawsuit, you will gather evidence to file your claim. This evidence will support your exposure, health conditions, and the documented dangers of paraquat. An attorney can help ensure you gather adequate and timely evidence to prove your case. 

Evidence that may be helpful in your lawsuit:

• Medical Records: Documentation of diagnosis and treatment for Parkinson’s disease or other health conditions attributed to paraquat exposure.
• Employment History: Records and testimonies confirming work in agriculture, landscaping, or other industries involving paraquat use.
• Purchase Records: Receipts or records of purchasing paraquat-containing products.
• Exposure Documentation: Evidence of living or working near areas where paraquat was regularly used, such as farms or industrial sites.
• Expert Testimony: Statements from medical experts linking paraquat exposure to specific health conditions based on your medical history and scientific research.
• Witness Testimonies: Accounts from coworkers, family, or community members who can verify exposure circumstances and health deterioration.
• Training Certificates: For licensed applicators, proof of certification and training sessions attended might also indicate potential exposure.
• Environmental Studies: Reports or studies showing high levels of paraquat in your residential area or workplace.
• Safety Data Sheets: Paraquat product information and warnings are provided at the time of purchase or use.
• Communication Records: Emails or letters from employers or product manufacturers regarding the safe handling and risks of paraquat.
• Photographic Evidence: Photos of the work environment, paraquat containers, or spraying activities to support claims of exposure.
• Health Department Reports: Documentation from local or national health departments that may have investigated paraquat use and its impacts in your area.

Recoverable Damages in the Paraquat Lawsuit

Recoverable damages in a paraquat lawsuit may include compensation for both economic and non-economic losses. To determine the value of your case, it is important to speak with a paraquat lawyer as early in the process as possible. An attorney can help establish the validity of your claim and determine the potential value of your case. If your lawsuit is successful, you can receive compensation for things like medical bills, lost wages (present and future), pain and suffering, and other damages.

Recoverable damages in a paraquat lawsuit:

• Loss of future earning capacity
• Lost wages
• Medical expenses and treatment costs (past, current, and future)
• Pain and suffering
• Loss of consortium (effects to relationships)

In some cases, you may be entitled to punitive damages. Punitive damages are designed to hold the defendant accountable for egregious behavior or gross negligence.

How to File a Paraquat Injury Claim

There are several steps to filing a paraquat injury claim. In some cases, you may be eligible to join an existing action, such as the paraquat MDL. It is important to discuss your case with a highly qualified attorney to determine the best course of legal action.

Steps to filing a paraquat injury claim:

1. Determine Eligibility: The first step in filing a paraquat lawsuit is to determine whether you qualify for compensation. An attorney can review your case and help assess the strength of your claim. It is essential to contact an attorney as early in the process as possible to ensure you file your claim within any state-specific statute of limitations or legal timelines.
2. Gather Evidence: The next step in a paraquat lawsuit is gathering adequate evidence to substantiate your claim. Evidence may include proof of exposure to paraquat, medical records, environmental studies, expert testimony, and other documents that prove your case.
3. File the Claim: Once you have determined you meet the eligibility requirements and have gathered sufficient evidence, you can file your case. Your attorney will help determine the proper courthouse for filing and work to ensure your case meets all legal requirements.
4. Discovery Phase and Negotiations: After the case is filed, it will enter what is known as the Discovery phase. During discovery, both parties have a chance to review evidence and take witness depositions. Throughout this time, your attorney may also enter into negotiations with the defendant. If a settlement cannot be reached, the case may be set for trial.
5. Trial Stage: If the matter cannot be resolved with a settlement, the case may be set for trial. During the trial, both sides present their case. If the decision is unfavorable, it may be eligible for appeal.

Throughout the process, it is important to work closely with your attorney. There is no definitive amount of time that it will take to resolve a paraquat claim, so it is essential that you understand every step of the case.

Statute of Limitations for a Paraquat Lawsuit

All paraquat lawsuits are subject to a state-specific statute of limitations. The statute of limitations varies depending on the state where your lawsuit is filed and other factors. If a claim is filed outside the statute of limitations, the claimant may be barred from recovery. In general, the statute of limitations or timeframe within which you must file a claim is between 1 and 6 years, with most falling between 2 and 3 years from the date of Parkinson’s diagnosis. Your lawyer will determine which statutes apply to your circumstances. Do not be discouraged if you live or worked in a state where the timeframe is shorter. You may have other legal options.

Statute of limitations for paraquat lawsuits:

• One Year: Kentucky, Louisiana, Tennessee
• Two Years: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Mississippi, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Virginia, West Virginia
• Three Years: Arkansas, Maryland, Massachusetts, Montana, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Washington DC, Wisconsin
• Four Years: Florida, Minnesota, Nebraska, Nevada, Wyoming
• Five Years: Missouri, North Dakota
• Six Years: Maine

It is important to note that the statute of limitations begins from the time of Parkinson’s diagnosis, not from when exposure to paraquat occurred.

Paraquat Lawsuit Settlement Amounts and Payouts

While litigation is ongoing, settlements in a paraquat lawsuit are expected to range between $100,000 to $150,000 per plaintiff, depending on the specifics of the claim. Plaintiffs should expect approximately two years from the initial coordination to the final settlement, although the duration of each case is unique.

Compensation varies based on individual case details and the extent of the injuries. Settlement amounts may be influenced by a number of factors, including the degree of distress the Parkinson’s disease adds to a person’s daily life, the necessity for assistance with daily activities, and the medical expenses related to the diagnosis.

Beware of Paraquat Lawsuit Spam via Text Messages and Emails

Unfortunately, there have been a number of scams related to paraquat lawsuits. It is important to be vigilant against unsolicited texts and emails regarding your claim, including verifying the authenticity of any legal advice or settlement offers through reputable sources. Make sure you contact a reputable firm to review your case.

Contact a Paraquat Lawyer

Were you diagnosed with Parkinson’s disease or another debilitating health condition after being exposed to paraquat? You may have a valid claim for compensation. At King Law, our attorneys have extensive experience handling paraquat lawsuits. We will work tirelessly to ensure your case is filed on time, all legal requirements are met, and you receive the compensation you deserve. Contact our firm today to schedule a free case review. 

Frequently Asked Questions (FAQs)