First Bellwether Trials Now Scheduled in Paraquat Lawsuits
Paraquat, produced by the Swiss agrochemical company Syngenta, has been linked to Parkinson’s disease. Evidence suggests that Syngenta was aware of this connection for years but chose to conceal it. Consequently, farm workers who developed Parkinson’s after being exposed to Paraquat are now filing product liability lawsuits against Syngenta and its U.S. distributors.
Thousands of Paraquat Parkinson’s lawsuits have been initiated, leading to the establishment of a new multidistrict litigation in the Southern District of Illinois to manage these claims collectively. The Paraquat lawsuit is still in its preliminary phases and is anticipated to expand swiftly as hundreds, if not thousands, of additional cases are filed. As of August 2024, there are over 5,700 ongoing cases involving Paraquat.
As of August 2024, ten new bellwether trials have been scheduled. Bellwether trials are “test drive” lawsuits. They help lawyers on both sides determine what types of settlement amounts might be achieved if the cases were to go to trial one at a time.
If bellwether trial outcomes are not favorable to the defendant in the case, settlement agreements usually follow fairly rapidly.
About Paraquat
Paraquat dichloride is a chemical that’s been used as an herbicide since the 1950s. Paraquat is used in agriculture to control weeds and grasses. It also serves as a defoliant, removing leaves from plants and trees, and as a desiccant to keep crops dry and stable.
Direct ingestion of paraquat is deadly. There is no antidote to paraquat poisoning. A teaspoon of Paraquat can kill you. As a result, most European countries have banned it completely.
However, in the United States, Paraquat remains unbanned and is extensively used by some farming operations farmers. Paraquat is classified as a restricted-use pesticide. This means that anyone applying it needs to be trained and certified prior to handling paraquat. There are deaths from paraquat poisoning every year.
The bottom line is – Paraquat is toxic. Toxic for weeds, and toxic for humans.
Paraquat is Dangerous in Both the Short and Long Term
Some critics argue that paraquat poses a danger to the public, even if you use it as directed. Meaning, they feel there is no safe way to interact with paraquat. Although it remains legal for licensed users in the United States, numerous lawsuits have been filed claiming exposure to paraquat caused Parkinson’s Disease among users.
Evidence indicates that prolonged exposure to Paraquat may lead to Parkinson’s Disease. Research has shown that agricultural workers with long-term exposure to Paraquat have a significantly higher risk of developing Parkinson’s disease.
But it is not just farmers who receive direct exposure who are at risk – individuals residing near farms where Paraquat is used also exhibit elevated rates of the disease. According to researchers in an article published in the American Journal of Epidemiology, being within 1,600 feet of Paraquat exposure increases the risk of developing Parkinson’s disease by 75%.
Paraquat Lawsuits in Philadelphia in 2024
Some lawyers are opting to sue in state court rather than join the MDL in federal court. As of the first half of 2024, there were over 700 cases filed in Philadelphia involving Paraquat.
There are several reasons this might be happening. One is if attorneys for plaintiffs feel that they can do better in state court than joining the MDL. And two, the MDL has been ongoing for some time already which gives lawyers a chance to see how the case is progressing.
The judge presiding over the MDL has already thrown out some cases, and then also threw out all the initial cases scheduled to go into the bellwether trial phase. The reason those initial bellwether cases were thrown out was because the judge excluded testimony from an expert witness used by the plaintiff attorneys. If you are a plaintiff attorney with experience in class action lawsuits or mass tort, this doesn’t bode well for your clients.
What is an MDL?
MDL stands for Multi-District Litigation. Most of the time, a class action lawsuit ends up in an MDL. An MDL groups all plaintiffs in the case together for the duration of the case. There are usually several bellwether trials to determine what types of damages juries award, and then from the result of those trials, lawyers coordinate to reach a settlement amount.
If an MDL fails to reach a conclusion, the judge presiding over the MDL can dissolve the MDL, which leaves the defendant in a position where they must defend every case one at a time and usually across multiple states. This would take forever for all the cases to wind their way through the courts, be very expensive for the defendants, and take so long that some plaintiffs would suffer and in some cases die before their case was concluded.
Do I Qualify for a Paraquat Lawsuit?
The best thing to do if you believe you have been exposed to Paraquat and want to know if you qualify for a lawsuit is to talk to a lawyer who is representing other clients in these cases.
Paraquat is not like Zantac where you can either prove you took it or not. As we mentioned before, there are some indicators that just living near places where Paraquat was frequently used can harm you. There is plenty of evidence that even a small amount of Paraquat can be toxic if ingested. Just because you weren’t a farmer who applied Paraquat or you didn’t work in a factory making it, doesn’t mean you do not have a case.
But if you are a person who applied paraquat and had direct exposure as an agricultural worker or if you worked in a factory that made paraquat, and you are experiencing physical ailments, you do have a similar profile to those who have already filed lawsuits.
The bottom line is, if you think you have a case, talk to a lawyer who is representing similar clients in these paraquat lawsuits in 2024. They will be best suited to help you determine if you have a case.
How Much Can I Get from a Paraquat Settlement
The truth is, there is no way to know. The judge in the MDL threw out the original bellwether trials and instituted ten new cases which have not begun as of September 2024.
Maybe a good way to think about it is to look at another big herbicide case like Roundup. Bayer ended up paying an average of $160,000 per person to settle claims that Roundup harmed them.
Remember this is an average, meaning some people received a lot more and some received less. Distribution of payouts in these cases are seldom equal across all plaintiffs because some people were more gravely impacted than others.
Juries and their awards are unpredictable, but one general trend across all mass tort litigation is an increase in the sizes of awards. Juries continue to increase the sizes of awards into the billions depending on the case, the injuries, the size of the company being sued, and to the degree the jury believed the defendant knew they were harming people and concealed it or ignored the dangers.
As the new ten bellwether trials get underway everyone will have a much better idea as to what types of awards juries will hand down. Until then, it is anyone’s guess.
Summary – 2024 Paraquat Lawsuit Update
As of September 2024, the paraquat litigation represents a significant legal battle involving claims that exposure to the herbicide caused Parkinson’s disease. With 5,891 cases pending and 6,959 filed in Illinois federal court, the lawsuits highlight the scale of concern over this toxic chemical.
Recent court decisions include Chief Judge Nancy J. Rosenstengel’s order that partially overruled a recommendation to dismiss certain noncompliant cases, emphasizing the importance of procedural adherence in complex litigations.
Scientific studies have increasingly linked paraquat exposure to an elevated risk of Parkinson’s disease, underscoring the environmental health implications. These findings bolster the plaintiffs’ claims, which primarily involve licensed applicators and agricultural workers with prolonged exposure to paraquat. Plaintiffs argue that companies like Chevron and Syngenta should be held accountable for the health impacts associated with their products.
Legal actions have also extended into Canada, with a class action certified by the British Columbia Supreme Court, allowing Canadian citizens diagnosed with Parkinson’s after paraquat exposure to seek justice.
Meanwhile, the first bellwether trial in Pennsylvania is slated for April 2025, putting pressure on defendants to consider settlements before facing public jury trials.
The legal representation on the plaintiffs’ side includes veteran mass tort law firms, which are actively pushing for settlements, while defendants continue to challenge the scientific links between paraquat and Parkinson’s.
The implications for the agricultural sector are profound, highlighting the need for safer practices and the potential for significant financial liabilities for chemical manufacturers. For the legal community, these cases underscore the complexities of mass torts involving environmental and health issues, as well as the evolving landscape of product liability litigation.
If you have been exposed to Paraquat either as a farmer, someone who worked on a farm, someone who worked applying paraquat to farms, someone who lived near where paraquat was used, or at a manufacturer of paraquat – and – you want to know if you qualify for the paraquat lawsuits, the best thing you can do is contact an attorney who is already representing people in these cases. They can best advise you on a course of action.
Post Settlement Funding for Paraquat Lawsuits
Plaintiff Attorneys involved in the Paraquat Litigation may be interested in seeking post settlement funding once the case appears to be headed to settlement.
Balanced Bridge Funding offers post settlement funding to plaintiff attorneys representing clients in the Paraquat Litigation. Sometimes, even after a settlement is reached, attorneys can deal with various delays that hold up their contingency fees. That delay can extend for months as lawyers wait to resolve liens, wait for final approval from a judge, committee, or government entity, or just wait for defendants to distribute the settlement funds. A Balanced Bridge advance will give these attorneys funds now against those pending fees to help run their practices.
If you are an attorney and you are interested in learning more about post settlement funding for paraquat lawsuits, please contact one of our financial specialists to learn more or apply for post settlement funding for attorneys.
To talk to one of our legal funding specialists about getting help managing your law firm cash flow, please call (267) 457-4540 or email info@balancedbridge.com. Or to apply online, simply CLICK HERE and fill out our quick and easy application form.
