Products Liability
If you were exposed to Paraquat and have been diagnosed with Parkinson’s disease, you may be entitled to file a Paraquat lawsuit and get financial compensation. Our Paraquat lawyers are reviewing new lawsuits for victims of Parkinson’s disease in all 50 states.
This page explains the Paraquat class action litigation and how to join it. Our attorneys give the latest updates on the Paraquat class action lawsuit. Our lawyers project settlement amounts in this litigation so victims better understand what the compensation could be and when the lawsuit could be settled.
Our attorneys update this page regularly. Bookmark and come back to get the latest news, updates, and information on the Paraquat lawsuit. We also provide estimates for the potential settlement value of these cases.
Call our lawyers today to see if you qualify for a Paraquat Parkinson’s lawsuit. You can reach us at 800-553-8082 or contact us online for a free consultation.
PARAQUAT LAWSUIT UPDATES
November 1, 2024: MDL Shrinks for 2nd Month
The Paraquat MDL experienced a reduction of 65 cases in October, lowering the total number of pending cases to 5,818. This marks the second consecutive month that the MDL has seen a decrease in overall case volume.
Much of this drop can be attributed to the dismissal of weaker cases lacking sufficient evidence to proceed as the MDL judge continues to scrutinize whether there is enough evidence for plaintiffs to move forward with individual claims. At the same time, there has been an increase in new filings in state courts, where plaintiffs may perceive a more favorable environment for their cases or more flexible procedural rules.
October 24, 2025: Defense Moves to Enforce Order Requiring Proof of Use
The defendants have filed a motion asking the MDL Judge to order 590 plaintiffs to comply with the requirements in CMO #21 obligating all plaintiffs to serve third-party subpoenas to obtain documentary evidence providing proof of their exposure to paraquat. The defense is now asking the court to issue an order compeling 590 plaintiff to comply with this requirement, or face dismissal with prejudice.
October 1, 2024: MDL Loses Cases in September
The Paraquat class action MDL shrank in September, with eight fewer cases, reducing the total pending cases to 5,883.
September 10, 2024: Paraquat Discovery in Delaware State Court
A Delaware judge ruled that two companies facing lawsuits over Paraquat must provide legal documents related to the cases, but only those that do not contain legal recommendations from their law firm. The companies, including Syngenta, are involved in litigation with insurers like Hartford and Travelers over coverage for defense costs. The insurers sought access to documents related to PARAQUAT lawsuits, but Syngenta initially withheld them, citing privilege.
We are rooting for Syngenta on this one – the more insurance coverage the better for settlement.
September 3, 2024: MDL Approaches 6,000 Cases
Over 50 new cases were added to the Paraquat class action MDL over the last month. That brings the current number of pending cases in the MDL up to 5,891.
August 28, 2024: Judge Rules on Special Master’s Recommendation
As we discussed in the last update on Sunday, Special Master Randi S. Ellis recommended dismissing cases for noncompliance with Case Management Order No. 10. Ten plaintiffs objected to this recommendation, and although four of these cases were voluntarily dismissed afterward, six cases remain in contention.
The cases in question had failed to meet the deadlines set by CMO 10 for submitting required Plaintiff Assessment Questionnaires (PAQs). However, several plaintiffs managed to submit their PAQs after the Special Master’s recommendation, citing extenuating circumstances such as sudden decreases in legal staff. In particular, one case was incorrectly included in the recommendation for dismissal as the PAQ had been submitted earlier. Given these developments, the court decided that dismissal was not appropriate for these cases.
The remaining cases, having filed no objections, are set to be dismissed without prejudice. This decision aligns partially with the Special Master’s recommendations but also overrides them concerning the objected cases that have since complied or corrected their submissions.
August 24, 2024: Special Master Recommends Dismissing 76 Lawsuits
According to Case Management Order No. 10, plaintiffs must submit a Plaintiff Assessment Questionnaire (PAQ) within 30 days of filing a complaint. If they fail to do so, and after being given opportunities to cure the deficiency, their claims may be dismissed.Specifically, if a plaintiff does not submit the PAQ on time, defendants can issue a Notice of Overdue PAQ. If the PAQ is still not submitted within 30 days after this notice, the defendants can request a Special Master to review the case for dismissal. The plaintiff then has 10 days to submit the PAQ or show good cause for the delay. If the Special Master finds no PAQ submission or valid reason for the delay, they can recommend the court dismiss the complaint without prejudice.The defendants have submitted 76 cases to the Special Master for dismissal due to the plaintiffs’ failure to serve a PAQ, despite multiple notices and opportunities to comply. The Special Master recommends that the court dismiss these cases without prejudice.
It’s natural to feel uneasy about dismissing these plaintiffs’ cases. However, these individuals are not actively pursuing their claims, and it benefits all parties—especially other plaintiffs or potential claimants—to have them removed from the litigation.
August 21, 2024: Paraquat Class Action in Canada
A Paraquat class action lawsuit has been certified in Canada. The British Columbia Supreme Court approved the class action status, allowing the lawsuit to represent all individuals in Canada diagnosed with the condition from handling Gramoxone products since July 1, 1963.
August 19, 2024: New Paraquat Lawsuit
In a new Paraquat lawsuit filed on Friday, an Arkansas plaintiff claims to have developed Parkinson’s Disease due to direct exposure to Paraquat while working as a groundskeeper from 1987 to 2016.
He alleges that he was not adequately warned about the risks, even when using the product as instructed. As a result, he has suffered significant health issues, emotional and mental anguish, and incurred medical and other damages. The lawsuit argues that the defendants’ failure to warn the public and medical community about the risks associated with Paraquat exposure led to his condition and seeks compensation for the damages incurred.
August 16, 2024: Status Update Letter
The Paraquat Plaintiffs’ Committee provided a status update to all plaintiffs this week, highlighting the following key developments:
In the federal MDL, the Court has selected 10 new plaintiffs for bellwether trials after the previous cases were dismissed. Case-specific discovery will begin immediately.
In the Pennsylvania state court MDL, the first pool of 10 bellwether cases has a discovery deadline of September 4, 2024, with the first trial tentatively scheduled for April 2025. Work continues on both the first and second pools of bellwether cases.
In Delaware state court, the Defendants’ Motion to Dismiss was partially granted. We are currently amending the pleadings to comply with the Court’s order before starting written discovery.
August 15, 2024: Dacthal Birth Defect Lawsuits
Paraquat and Roundup have led everyone to take a longer, closer look at pesticides. The EPA today banned Dacthal, another pesticide, which will surely lead to new lawsuits.
August 5, 2024: 10 Paraquat Set for Trial
The MDL judge issued an order detailing the selection of 10 new Paraquat lawsuits for case-specific discovery in an upcoming bellwether trial pool.
The parties involved have until August 20, 2024, to voluntarily dismiss any of the selected cases without prejudice. This allowance provides the court an opportunity to choose replacement claims if necessary. Once the final lineup is established, the chosen plaintiffs must submit a completed Fact Sheet to the defendants by September 3, with depositions scheduled to be completed by November 25. A requirement of the order is for each party to submit a one-page summary of each selected case to the court by December 16, 2024.
July 30, 2024: Texas Judge Quashes Paraquat Subpoena
As part of the discovery in the Paraquat litigation, the plaintiffs had served subpoenas on various state agencies in Texas, including the Texas Department of Agriculture. The Texas Attorney General moved to quash those subpoenas and a federal judge in Texas granted the motion to quash. The judge ruled that the state agencies were protected under the doctrine of “sovereign immunity” which bars seeking third-party fact discovery from state agencies and officials.
July 25, 2024: Over 70 Lawsuits Voluntarily Dismissed In MDL
Over 70 lawsuits were voluntarily dismissed in the MDL last week. But new claims are also being filed. In a new suit filed yesterday, Tamez v. Syngenta, the plaintiff sued Chevron and Syngenta alleging that exposure to the Paraquat caused him to develop Parkinson’s disease.
This man was exposed to Paraquat while working in Florida orchards from 1972 to 1977, during which time he regularly inhaled and absorbed the chemical.
He seeks compensation for damages under various legal theories, including strict product liability, negligence, and breach of implied warranty, and requests punitive damages due to the defendants’ alleged concealment of the herbicide’s dangers.
July 11, 2024: Despite Case Dismissals, MDL Grows By 90 Lawsuits
The MDL grew by 90 lawsuits last month. More than 90 new suits were filed, but plaintiffs are also dismissing lawsuits, too, mostly in cases where the evidence just does not support the plaintiff’s claims.
July 10, 2024: Montana Man Files Lawsuit Alleging Paraquat Led To Parkinson’s Disease
In a new Paraquat lawsuit filed this week, a Montana man filed a lawsuit against the defendants seeking damages for personal injuries caused by prolonged exposure to paraquat, a toxic chemical used in pesticides. The plaintiff alleges that his exposure to paraquat in Montana has led to his development of Parkinson’s disease.
As a result, he has endured severe and permanent physical pain, mental anguish, and disability. He says that this condition has significantly impacted his quality of life, causing loss of normalcy, income, and incurring substantial medical expenses. The lawsuit seeks compensation for these ongoing and future losses, holding the defendants accountable for the harm caused by paraquat exposure.
June 10, 2024: California Assembly Member Advocates For Ban On Paraquat
California Assembly member Laura Friedman is advocating for Assembly Bill 1963, which aims to ban Paraqaut starting January 1.
Friedman underscores the global consensus on Paraquat’s toxicity, stating that it is the ‘most toxic herbicide still in use in California today’. She points out that the pesticide is already banned in over 60 countries, yet it continues to be widely used in California.
The bill has garnered support from labor leader Dolores Huerta, who highlighted the disproportionate impact on Latino farmworkers and emphasized the need for better protection for agricultural workers and their families.
June 3, 2024: 90 New Cases Added To MDL
90 new cases were added to the Paraquat class action MDL over the last month. That is down significantly from the 225 new cases that we saw in April. There are now 5,680 total cases pending in the MDL.
May 22, 2024: New Study Finds Strong Link Between Environmental Exposures And Parkinson’s Disease
A new study has highlighted a strong link between environmental exposures and Parkinson’s disease. Researchers found that occupational exposure to industrial toxins significantly increases the risk of developing Parkinson’s, with the highest risk associated with exposure to harmful dyes, methylene chloride, and certain foods like fatty whale meat that contain toxic pollutants. The study, which analyzed data from various global regions, found that occupational exposures had the highest risk, followed by general and residential exposures.
Does this help or hurt the argument that Paraquat can cause Parkinson’s? It helps. Evidence linking environmental toxins, such as pesticides, to an increased risk of Parkinson’s, strengthens the claim. No one is saying there are no other possible environmental causes of Parkinson’s disease. But the study underscores that Paraquat and other pesticides (e.g., demeton, monocrotophos) can cause Parkinson’s.
May 16, 2024: Arkansas Widow Files New Paraquat Lawsuit
Yesterday, an Arkansas widow filed a new Paraquat lawsuit. Her husband was regularly exposed to Paraquat through direct contact and pesticide drift. In approximately 2007, the decedent began experiencing symptoms of Parkinson’s Disease and was officially diagnosed with the condition, ultimately passing away on May 15, 2021, with Parkinson’s Disease contributing to his death.
Throughout his life, the man was directly exposed to Paraquat products from around 1965 to 1975. On numerous occasions, Paraquat came into contact with his skin while working on his family farm in Rison, Arkansas. During this period, the decedent was like most farmers – unaware that exposure to Paraquat could cause Parkinson’s.
May 1, 2024: 225 New Cases Added To MDL
Following a notably sluggish period in March, the Paraquat class action MDL saw a resurgence in new cases during April. With 225 new cases added to the Paraquat MDL, the monthly average typical of this litigation has been restored. As of now, the total number of pending cases stands at 5,590.
April 17, 2024: Judge Rosenstengel Dismisses Four Bellwether Lawsuit
Today brought an awful and unexpected setback. In a 99-page opinion, Chief Judge Rosenstengel dismissed four bellwether lawsuits after excluding critical testimony from Dr. Martin Wells, the plaintiffs’ key expert on general causation. This decision effectively ends those cases as it leaves the plaintiffs unable to establish the necessary causal link for their claims.
However, the litigation is far from over. Plaintiffs’ Paraquat lawyers must now regroup and strengthen their expert testimony. Because the reality is that Dr. Wells will not be able to carry the day. But there are plenty of great experts who can and should be able to get Judge Rosenstengel’s seal of approval.
From here, the judge has instructed the involved parties to select 16 new cases for limited fact discovery by an upcoming deadline. The plaintiffs are to choose eight of these cases, while Chevron and Syngenta will each select four. These cases must be filed on or before the judge’s order date and must not contain any materially deficient Plaintiff Assessment Questionnaires.
Once the selections are made, the court will issue a Case Management Order that will outline the discovery schedule and set trial dates.
This development is undoubtedly disheartening for the four plaintiffs directly affected, whose only recourse is to appeal the decision. Meanwhile, the broader litigation continues, with plaintiffs’ attorneys preparing to bolster their cases with more robust expert evidence to support the strong scientific claims linking Paraquat to Parkinson’s disease.
April 4, 2024: New Lawsuit Claims Paraquat Caused Parkinson’s Disease, Leading To Premature Death
A new Paraquat Parkinson’s lawsuit filed yesterday seeks damages for personal injuries associated with a decedent’s prolonged exposure to Paraquat in Connecticut from 1966 to 2001.
The plaintiff, the decedent’s surviving spouse residing in Florida, filed this wrongful death action claiming that the decedent’s exposure to Paraquat caused Parkinson’s Disease, which led to the decedent’s premature death in 2022. The complaint details that the decedent’s extensive contact with the hazardous substance resulted in PD. As know, Parkinson’s is a condition that can take years or decades to manifest after exposure. Although it’s challenging to identify a single exposure event as the cause, symptoms began to appear, and a PD diagnosis was made on September 1st, 2019.
In a typo that will be sure to annoy the MDL judge if she sees it, this Parkinson’s disease lawsuit references a plaintiff as well from another case in this litigation as the plaintiff in this case. I’m assuming this was from cutting and pasting another Paraquat lawsuit.
Is this a big deal? Of course not. But it is the type of thing that should be avoided, given the concerns Judge Rosenstengel has been raising.
April 1, 2024: 47 New Cases Added To MDL
The pace of new case filings in the Paraquat MDL remains sluggish, with only 47 new cases added in the month of March. This marks a notable slowdown following a significant surge in monthly volume recorded in February. Since the beginning of the year, approximately 300 new cases have been filed, with a majority of 280 filed in February.
March 26, 2024: Poorly Vetted Paraquat Lawsuits Being Dropped
There’s a lot of talk of late about poorly vetted Paraquat lawsuits in the MDL. The judge is getting rid of weak cases. This is not a bad thing for the litigation. It is a bad thing for lawyers who brought claims they should not have brought and for some people who told their lawyers distorted stories about what happened in their case. Ultimately, this benefits plaintiffs with solid claims because it makes the path to a Paraquat settlement much easier.
March 19, 2024: Tennessee Plaintiffs Joins Paraquat MDL
A new Paraquat suit was filed in the MDL yesterday. A Tennessee plaintiff had prolonged exposure to Paraquat. His direct encounters with Paraquat spanned from 1982 to 1994. But over at least twelve years, Dupree engaged with Paraquat through various means such as touching, absorbing, inhaling, or inadvertently ingesting it, particularly during activities like mixing, loading, spraying, handling, or otherwise interacting with the product. His lawsuit alleges that this consistent exposure to Paraquat played a significant role in his developing Parkinson’s disease, which was diagnosed in 2023.
March 1, 2024: 241 New Cases Added To MDL
241 new cases were added to the Paraquat class action MDL last month. That is the highest monthly volume we have seen in Paraquat since November. There are now 5,318 pending cases in the MDL.
February 2, 2024: Pace Of New Paraquat MDL Cases Slows
The pace of new cases in the Paraquat class action MDL has officially gone cold. After averaging around 250 new cases a month over the last two years, just 26 new cases were added in January and 21 new cases the previous month. There are now 5,077 total cases pending.
January 15, 2024: Number Of Pending Paraquat MDL Cases Drops By 21
The number of pending cases in the Paraquat MDL dropped by 21 over the last month. This is significant for an MDL that has averaged over 150 new cases per month for the last two years. It is probably just an anomaly resulting from large groups of inactive cases being dismissed and fewer new cases being filed.
January 5, 2024: New Paraquat Lawsuit Filed In MDL
A new Paraquat lawsuit was filed yesterday in MDL-3004. The plaintiff claims that the failure of the defendants to provide adequate warnings led to direct exposure to Paraquat and a lack of public awareness about the risks of Parkinson’s and renal disease associated with the herbicide.
As a result, the plaintiff, who was regularly exposed to Paraquat through direct contact and pesticide drift while working as a farm worker and herbicide applicator in Homestead, Florida, from 1978 to 2004, developed Parkinson’s Disease around 2014. The lawsuit seeks compensation for emotional and mental anguish, medical expenses, and other economic and non-economic damages caused by the defendants’ actions and inactions.
The statute of limitations is a thing. The plaintiff’s Paraquat lawyer alleges in the lawsuit that the victim did not know that handling Paraquat according to instructions could be harmful. It was only after March 2021 that the plaintiff became aware of the link between Paraquat and severe illnesses like Parkinson’s disease and end-stage renal disease.
This was not the only Paraquat lawsuit filed this year. The suits keep coming.
December 18, 2023: 86 New Cases Added To MDL
There are now over 5,000 cases pending in the Paraquat MDL. However, over the last month, only 86 new cases have been added. That is the lowest monthly case volume in more than two years and the second month in a row that we have seen very low volume.
November 16, 2023: 200 New Cases Added To MDL
The slow volume of new cases last month was just an aberration. The Paraquat class action MDL added over 200 new cases over the last 30 days, bringing the total number of pending cases up to almost 5,000
November 1, 2023: Dr. Douglas Weed Submits Motion To Dismiss Subpoena
Dr. Douglas Weed has submitted a motion to dismiss a subpoena from the plaintiffs’ attorneys concerning his article on the potential connection between paraquat and Parkinson’s disease. The article, “Does paraquat cause Parkinson’s disease? A review of reviews,” appeared in the NeuroToxicology scientific journal in September 2021. It contends that “A consensus in the scientific realm believes the current evidence doesn’t support the assertion that paraquat induces Parkinson’s disease
Dr. Weed maintains he isn’t directly linked to the ongoing case and suggests the vast documentation requests are not only excessive but also extend beyond Rule 45’s geographic boundaries. The motion accentuates non-parties’ rights and petitions for the subpoena to be dismissed owing to its overreaching nature and breach of Rule 45.
October 17, 2023: 30 New Cases Added To MDL
Only 30 new cases were added to the Paraquat class action MDL over the last month. That is the lowest monthly volume of new cases since this MDL began over 2 years ago.
Over the last 18 months, Paraquat has consistently been one of the highest volume MDLs with an average of 200-300 new cases per month. 1,000 new Paraquat cases were filed over in the past 2 months alone. So, the sudden drop in new case volume could indicate that this MDL is transitioning into a new phase involving slower growth.
October 2, 2023: Judge Rosenstengel Considers How To Resolve Daubert Challenges
This was supposed to be a big month for the Paraquat class action, as the first bellwether test trial would begin this month. Now, however, the future of the litigation seems to be hanging in the balance as Judge Rosenstengel weighs how to resolve the Daubert challenges to the expert opinion evidence.
All briefs have now been submitted, and everyone is waiting for her decision. Daubert rulings in cases like this are long and complex, and with the new trial date not even set, we could be waiting until 2024 for a ruling.
September 27, 2023: Closing Daubert Briefs Submitted By Both Sides
Closing Daubert briefs have now been submitted by both sides in the Paraquat litigation. After holding Daubert hearings for a full week, the MDL Judge postponed the upcoming bellwether trial to give the parties time to allow more time for briefing and consideration of the issues.
We generally try to avoid reading judicial tea leaves, but this is definitely not a good indication for the plaintiffs. Why? If Judge Rosenstengel grants the defense motions and excludes the expert witnesses for the plaintiffs, it will effectively end the Paraquat MDL and result in the dismissal of thousands of cases.
If she is inclined to this, she wants to ensure she gives full and careful consideration to the issues and gets everything right. This would explain why she is being so deliberate on this issue.
September 18, 2023: 4,752 Currently Pending Paraquat MDL Cases
The number of pending cases in the Paraquat class action MDL is now up to 4,752, making it the 11th biggest consolidated mass tort currently pending. At the start of this summer, there were only 3,700 pending Paraquat cases, so 1,000 new plaintiffs have been added since then.
August 31, 2o23: Judge Issues Order Canceling Bellwether Trial Date
The first bellwether test trial in the Paraquat class action MDL was supposed to happen this October. Last week, however, Judge Rosenstengel issued an Order canceling the trial date to allow additional time for supplemental briefing on the Daubert challenges.
This is not a positive development for the plaintiffs. First, it pushes back the trial date, which is always a key to forcing the defendants to settle. Second, the fact the judge was willing to cancel the date suggests that she might seriously be considering excluding some of the expert testimony presented by the plaintiffs.
August 21, 2023: Pivotal Daubert Hearing Begins In Illinois
Yesterday marked the commencement of the pivotal Daubert hearing in Illinois concerning the Paraquat litigation. Plaintiffs assert that Paraquat causes particular cell death and tissue damage characteristic of Parkinson’s disease.
The spotlight is on the expert epidemiologist, Dr. Martin Wells. His scientific credibility is under scrutiny. Dr. Wells, central to the victims’ case, has analyzed previous studies and concluded that Paraquat likely plays a significant role in causing Parkinson’s, more so than other factors.
However, Chevron and Syngenta contest this. They criticize Dr. Wells and experts Anthony Lang and Peter Spencer for their approach. They highlight that Dr. Wells has faced exclusions in prior testimonies. Their stance revolves around the belief that Parkinson’s primarily results from genetic factors, emphasizing that numerous studies don’t identify the pesticide as a certain cause. The hearing will resume today and is scheduled until the 24th.
From the outset, we’ve believed this hearing to be a linchpin in the litigation. Neither Chevron nor Syngenta would risk these lawsuits progressing to trial. A victory in this hearing could lead to reasonable settlements, while a defeat could spell disaster. The stakes couldn’t be higher.
August 16, 2023: Daubert Motion To Begin On August 21st
The upcoming hearing regarding the Daubert motions will begin at 3 p.m. EST on August 21, 2023, and end on August 24, 2023. The proceedings will be accessible remotely via phone conference. Lawyers, the press, and victims can listen to the conference by phone if they cannot attend physically.
August 15, 2023: 4,545 Current Cases In MDL
The MDL case count is now 4,454, up from 4,306 last month and 1,703 at the same time last year.
August 4, 2023: Over 300 Plaintiffs In PA State Class Action
Most of our updates involve the Paraquat MDL class action. But there is a thriving state court class action type Paraquat lawsuit in Pennsylvania with over 300 plaintiffs.
One thing is for sure: the defendants really do not want to try a case in Philadelphia. So they are arguing that the approximately 100 out-of-state plaintiffs filed in Pennsylvania state court cannot sue them there.
The problem they have with this argument is a new U.S. Supreme Court ruling upholding the state’s consent by registration statute.
August 1, 2023: Judge To Rule On Admissibility Of Causation Evidence
The Judge in the Paraquat MDL will rule very soon on whether the scientific causation evidence linking Paraquat to Parkinson’s disease is reliable enough to be admissible in court.
Both sides have submitted their Daubert motions, and last week, Judge Rosenstengel issued an Order setting a major hearing on the motion for August 21, 2023.
The Judge is requiring the plaintiffs’ key expert witness, Dr. Martin Wells, to appear at the hearing and provide testimony that will help decide the admissibility issues.
After the hearing, Judge Rosenstengel is allowing the parties to submit closing briefs by September 8, 2023. We should get a ruling on this critical issue by the end of the year.
July 18, 2023: 223 New Paraquat Lawsuits Transferred To MDL
Over the last month, 223 new Paraquat lawsuits were transferred into the class action MDL, bringing the total pending case count to 4,306. This is slightly below the monthly average of new cases that we have seen in this litigation for the last 16 months, and it could indicate the start of a slowdown in new filings.
July 1, 2023: Defendants Claim To Have Identified 611 Questionable Claims
Defendants Syngenta and Chevron claim to have identified 611 questionable claims in the MDL. Chief U.S. District Judge Nancy Rosenstengel had ordered that such a list be compiled. The defendants argue – and certainly, they are not entirely wrong – that some claims lack an evidentiary basis and were filed based on targeted advertising campaigns and lead generators.
This is true in any large piece of litigation in 2023. But it is very unlikely that anywhere near 611 claims are not viable.
At some point, whether the defendants like it or not, we will get past the nonsense and a jury will decide the heart of the matter: does Paraquat cause Parkinson’s disease? Our Paraquat lawyers believe Syngenta and Chevron will not like the answer.
If these defendants have the strength of their conviction, we will find out in October when the first bellwether is set to go to trial.
June 16, 2023: 353 New Paraquat Lawsuits Added To MDL
353 new Paraquat lawsuits were added to the class action MDL last month. That pushes the total number of pending cases past 4,000 and marks the 2nd time this year that we have seen over 300 new cases in a single month. Around 1,700 Paraquat cases have been added since the start of the year.
June 12, 2023: Defendants Move For Summary Judgement In MDL
Chevron and Syngenta AG moved last week for summary judgment in the MDL. The companies contend that plaintiffs’ allegations, which link Paraquat to Parkinson’s disease, lack the necessary scientific backing, claiming no peer-reviewed studies affirm this claim. If successful, this would lead to the dismissal of 3,700 claims in the Paraquat class action lawsuit.
Chevron and Syngenta argue that the plaintiffs’ design-defect claims against them should be dismissed as Paraquat is an integral ingredient of the products in question, not a choice in design.
Furthermore, they assert that even if the allegations were shifted to a failure-to-warn theory, such claims would be preempted by federal law due to the EPA’s stance that there is no established causal link between paraquat and Parkinson’s disease.
Chevron also claims it is entitled to summary judgment as its predecessor exited the Paraquat market by 1986, while Syngenta states certain claims against it are time-barred.
The chance this motion succeeds is extremely low.
June 1, 2023: Paraquat MDL Averages 200 New Cases A Month
Early indications are that the continuing flood of new Paraquat lawsuits being filed in the class action MDL won’t be slowing down anytime soon. Paraquat has been the fastest growing mass tort for the last 16 months, averaging around 200 new cases in the MDL each month. At the start of this year, however, we saw a brief slowdown in the volume of new monthly cases, prompting speculation that the litigation was at the end of its growth phase. That down tick has sharply reversed over the last 2 months and last month we saw a record high of 511 new cases. We could see a similar number of new cases this month. The MDL docket shows that hundreds of new cases have been transferred just in the last 10 days.
May 20, 2023: Judge Issues Stern Mandate In Response To Allegation Of Improper Actions Involving Deceased Plaintiffs
Chief Judge Rosenstengel recently issued a stern mandate in response to allegations surrounding improper actions involving deceased plaintiffs in ongoing multidistrict litigation.
This directive was a response to the defendants’ motion in February alleging some attorneys filed suits and submitted documents on behalf of deceased plaintiffs which undeniably happened. This is not as bad as it sounds… but it is not good. So the court is putting in new requirements on plaintiffs’ lawyers that might be the best thing for everyone and could help lead to an earlier settlement.
So the judge will trust plaintiffs’ lawyers a little bit less. Victims’ Paraquat lawyers are now required to certify several details pertaining to their clients, such as the current living status of the plaintiff, the counsel’s communication with the plaintiff or the appointed representative of a deceased plaintiff’s estate, and the date of the plaintiff’s death.
The inability to provide this certification may lead to case dismissal. The court will also be evaluating cases that appear to be built upon dubious theories of proof. Referring to the voluntary dismissal of two cases due to evidentiary issues, the judge highlighted her concern about cases presenting implausible liability theories. Consequently, all involved parties are instructed to identify such cases for potential dismissal. If defendants identify cases that seem unviable, they are to file a motion detailing these cases by June 20, 2023, offering plaintiffs an opportunity to respond.
Why could this punishment be a blessing in disguise? Because defendants will be more comfortable offering reasonable Paraquat settlement amounts when they trust the integrity of the inventory of lawsuits that have been filed.
May 15, 2023: 511 New Cases Added To Paraquat MDL
There is certainly no sign of a slowdown in the volume of new Paraquat Parkinson’s diseases cases being filed. Over the last month, 511 new cases were added to the Paraquat class action MDL, pushing the total case count to 3,730. That is the highest monthly volume of new cases since last year.
May 3, 2023: Daubert Hearing Explained
Yesterday we talked about a Daubert hearing. What is a Daubert hearing? A Daubert hearing is a pre-trial proceeding in U.S. federal court where a judge evaluates the admissibility of expert witness testimony based on the scientific validity and reliability of the methods used by the expert. In this case, the big issue is general causation – is the science there to show Paraquat exposure causes Parkinson’s disease.
During a Daubert hearing, the judge acts as a gatekeeper, determining whether the expert’s testimony is based on scientifically valid and reliable methods and is relevant to the issues in the case. The judge may consider several factors, including whether the expert’s methods have been tested, subjected to peer review, and have a known error rate, and whether the methods are generally accepted within the relevant scientific community.
Daubert hearings are terrifying for plaintiffs’ lawyers because losing a Daubert hearing may mean all the cases are dismissed. But the science in the Paraquat lawsuits is extremely strong.
May 2, 2023: Defense Lawyers Seek To Limit Plaintiffs’ Expert Witness
Defense lawyers want to eliminate or limit plaintiffs’ expert because that is their only chance to win. But they are having little luck. The court has denied last week Defendants’ Motion to Strike the Supplemental Expert Report of Dr. David A. Mortensen and Related Deposition Testimony, as the Special Master has informed the court that the defendants intend to address any remaining issues regarding Dr. Mortensen’s report and testimony in their Daubert briefing. The pending motion was deemed moot and Defendants were instructed to raise any remaining issues related to Dr. Mortensen in accordance with the briefing schedule set forth in Case Management Order No. 17
April 29, 2023: MDL Judge Sets New Deadlines
The MDL judge set new deadlines in preparation for the first Paraquat lawsuit to go to trial later this year:
Summary judgment and Daubert motions must be filed by June 6, 2023
Responses to summary judgment and Daubert motions must be filed by July 10, 2023.
Replies regarding summary judgment and Daubert motions must be filed by July 28, 2023
Daubert hearing and hearing for motions for summary judgment on August 21, 2023
April 27, 2023: Court Denies Defense’s Motion To Strike Rebuttal Expert Report
Last month, we reported on a motion by Chevron and Syngenta to strike the rebuttal expert report of Martin T. Wells. The court denied this motion, finding that the report appropriately responds to the opinions and critiques of the Defendants’ experts. The scheduled deposition of Dr. Wells for rebuttal will now proceed as planned. The court also ordered the parties to submit a proposed Case Management Order by April 19, 2023, outlining agreed-upon deadlines for the filing of summary judgment and Daubert motions, as well as any guidelines and limitations for these motions.
April 10, 2023: Over 200 Paraquat Lawsuits In PA Consolidated Into State Version Of MDL
In addition to the Paraquat class action MDL pending in the federal court system, over 200 Paraquat lawsuits in Pennsylvania state courts have been consolidated into a state version of an MDL in Philadelphia. Recently, the judge presiding over the Paraquat class action in Pennsylvania ruled that new incoming plaintiffs can utilize a Short Form Complaint. The new SFC is very similar to the one being used in the federal Paraquat MDL.
March 27, 2023: Defense Takes Aim At Another Expert Witness
As we continue to move forward toward the opening bellwether test trial in the Paraquat class action, the defense is now taking aim at another one of the plaintiffs’ expert witnesses. Last week, lawyers for Syngenta filed a motion seeking to exclude testimony from the plaintiffs’ expert statistician Martin Wells. Wells will testify that he performed a “meta-analysis” of various epidemiological studies and determined that the evidence supports a connection between Parkinson’s disease and exposure to Paraquat. In moving to exclude his testimony, however, Syngenta claims that Wells cherry picked studies for analysis that would support his conclusion. The plaintiffs will get an opportunity to file a response in opposition and the motion will be resolved along with other motions to exclude prior to the bellwether trial.
March 16, 2023: 277 New Cases Added To Paraquat MDL
Another 277 new cases were added to the Paraquat class action MDL over the last 30 days. This marks the second month in row of above average new case totals for the Paraquat class action and brings the total number of pending cases in the MDL up to 2,998.
May 2, 2023: Defense Lawyers Look To Limit Plaintiff’s Expert Witness
Defense lawyers want to eliminate or limit plaintiffs’ expert because that is their only chance to win. But they are having little luck. The court has denied last week Defendants’ Motion to Strike the Supplemental Expert Report of Dr. David A. Mortensen and Related Deposition Testimony, as the Special Master has informed the court that the defendants intend to address any remaining issues regarding Dr. Mortensen’s report and testimony in their Daubert briefing. The pending motion was deemed moot and Defendants were instructed to raise any remaining issues related to Dr. Mortensen in accordance with the briefing schedule set forth in Case Management Order No. 17
April 29, 2023: MDL Judge Sets New Deadlines
The MDL judge set new deadlines in prepartion for the first Paraquat lawsuit to go to trial later this year:
Summary judgment and Daubert motions must be filed by June 6, 2023
Responses to summary judgment and Daubert motions must be filed by July 10, 2023.
Replies regarding summary judgment and Daubert motions must be filed by July 28, 2023
Daubert hearing and hearing for motions for summary judgment on August 21, 2023
April 27, 2023: Court Denies Defense’s Motion To Strike Rebuttal Expert Report
Last month, we reported on a motion by Chevron and Syngenta to strike the rebuttal expert report of Martin T. Wells. The court denied this motion, finding that the report appropriately responds to the opinions and critiques of the Defendants’ experts. The scheduled deposition of Dr. Wells for rebuttal will now proceed as planned. The court also ordered the parties to submit a proposed Case Management Order by April 19, 2023, outlining agreed-upon deadlines for the filing of summary judgment and Daubert motions, as well as any guidelines and limitations for these motions.
April 10, 2023: Judge In PA Paraquat Class Action Rules New Plaintiffs Can Utilize SFC
In addition to the Paraquat class action MDL pending in the federal court system, over 200 Paraquat lawsuits in Pennsylvania state courts have been consolidated into a state version of an MDL in Philadelphia. Recently, the judge presiding over the Paraquat class action in Pennsylvania ruled that new incoming plaintiffs can utilize a Short Form Complaint. The new SFC is very similar to the one being used in the federal Paraquat MDL.
March 27, 2023: Defense Takes Aim At Another Expert Witness
As we continue to move forward toward the opening bellwether test trial in the Paraquat class action, the defense is now taking aim at another one of the plaintiffs’ expert witnesses. Last week, lawyers for Syngenta filed a motion seeking to exclude testimony from the plaintiffs’ expert statistician Martin Wells. Wells will testify that he performed a “meta-analysis” of various epidemiological studies and determined that the evidence supports a connection between Parkinson’s disease and exposure to Paraquat. In moving to exclude his testimony, however, Syngenta claims that Wells cherry picked studies for analysis that would support his conclusion. The plaintiffs will get an opportunity to file a response in opposition and the motion will be resolved along with other motions to exclude prior to the bellwether trial.
March 16, 2023: 277 New Cases Added To Paraquat MDL
Another 277 new cases were added to the Paraquat class action MDL over the last 30 days. This marks the second month in row of above average new case totals for the Paraquat class action and brings the total number of pending cases in the MDL up to 2,998.
March 1, 2023: Paraquat Class Action Parties Battle Over Key Expert Witness Testimony
As the first bellwether trial date in July inches closer, the parties in the Paraquat class action have begun battling over the admissibility of key expert witness testimony that the plaintiffs will use at trial to show the link between Paraquat and Parkinson’s disease.
Most recently, the defendants have move to strike a supplemental expert report from David Mortensen. Mortensen is a professor of plant ecology at Penn State University and he is one of the plaintiffs key expert witnesses.
A month after Mortensen’s deposition was take and 3 months after the deadline for expert reports had passed, the plaintiffs submitted a supplemental expert report from Mortensen following up on issues that arose during his deposition.
The defense lawyers immediately cried foul and moved to strike the supplemental report as untimely. The defense filed a reply in support of its motion last week and the issue should be ruled on soon.
February 17, 2023: 300 New Cases Added To MDL
The Paraquat class action lawsuit has consistently averaged almost 200 new cases a month last year. But it started off in 2023 last month with just 69 new cases, the lowest monthly total since the start of the MDL. But this month, saw a record high with 300 new Paraquat cases added to the MDL. That brings the total number of cases in the Paraquat class action up to 2,721.
February 2, 2023: Paraquat MDL Plaintiffs File Motion To Compel Exponent Inc. To Produce Documentation Related To Potential Paraquat Health Hazards
Plaintiffs in the Paraquat MDL recently filed a motion seeking to compel a third-party scientific consulting company, Exponent Inc., to produce certain documents related to work it did for Syngenta relating to the potential health hazards of Paraquat. Exponent refuses to provide documents in response to a prior subpoena, asserting various boilerplate objections.
This week, Syngenta and Exponent filed responses opposing the motion to compel. The level of resistance to the product of these documents suggests that they could be very damaging to the defense position on causation and knowledge on the part of Syngenta. Or it could just be defense lawyers being reflexively difficult. It is hard to know sometimes.
January 17, 2023: 69 New Cases Added To MDL
Only 69 new cases were added to the Paraquat class action MDL over the last month, bringing the current total case count up to 2,352.
This is a significant downtick considering the Paraquat MDL averaged over 200 new cases a month last year. However, the MDL docket indicates that well over 200 new member cases have been opened over the last 30 days, so the number of new cases in the next monthly total will likely be very high.
If you are a plaintiff, you are perfectly fine with this litigation staying relatively small. Paraquat settlement amounts are expected to be high. It would be hard for the defendants to pay on these lawsuits if it was as large as 3M or Camp Lejeune. But the Paraquat is a tiny fraction of the size of those cases. This makes it easier to resolve the suits without completely disrupting their profitability. This creates an opportunity for plaintiffs to get paid more and faster.
January 2, 2023: 2022 Sees An Average 200 New Cases Per Month For Paraquat MDL
The Paraquat class action lawsuit increased in 2022, adding an average of over 200 new cases per month.
As we head into 2023, many wonder whether this pace will start slowing down. The MDL docket reflects that over 150 new Paraquat Parkinson’s disease lawsuits have been filed in the MDL in just the last two weeks alone. But our expectation is still that this will slow down considerably in 2023 as we focus on the first trial and hopefully a global Paraquat settlement.
December 23, 2022: Paraquat Bellwether Trail Date Postponed Again
The first Paraquat bellwether test trial in the federal MDL has been postponed yet again. Last week, MDL Judge Nancy Rosenstengel issued an Order postponing the opening bellwether trial to October 2023.
Initially, the first Paraquat bellwether trial was supposed to happen in November 2022. But some unforeseen circumstances have prompted multiple postponements recently. The most recent postponement came after depositions of expert witnesses were delayed past the deadline.
These types of litigation delays are commonplace in mass tort litigation. But that is little consolation for victims frustrated with delayed justice. Imminent trial dates spawn settlements in any civil case but especially in the Paraquat litigation. It is hard to find a plaintiffs’ mass tort lawyer who does not have high hopes for this litigation.
November 1, 2022: Last Two Weeks See Nearly 100 New Paraquat MDL Lawsuits
As we continue to inch closer toward the start of the bellwether trials (now pushed back to July 2023), the flood of new Paraquat Parkinson’s disease lawsuits over the last six months has continued.
Nearly 100 new Paraquat lawsuits have been transferred into the MDL in just the last two weeks alone. Meanwhile, the disputes between Paraquat lawyers on both sides over pretrial discovery issues continue. After the Special Master issued her report and recommendations, both sides filed responses objecting (in part).
October 1, 2022: EPA Asks The Court For Chance To Reconsider Risk-Benefit Analysis Of Paraquat Approval
In August 2021, the EPA granted interim approval for Paraquat to allow the controversial herbicide to remain available to authorized applicators while the agency continued its detailed assessment of the product’s health risks.
In response, however, a non-profit foundation filed a lawsuit in federal court challenging the validity of the agency’s decision. Now the EPA is asking the Court in that case to allow a voluntary remand which would give the EPA a chance to “reconsider” the risk-benefit analysis underlying its interim approval decision instead of having to defend the decision in court.
September 15, 2022: 222 New Cases In Paraquat MDL
For a small class action lawsuit, the Paraquat litigation is getting big.
Over the last 30-day period (August 15 – September 15), the number of Paraquat Parkinson’s disease lawsuits pending in the Paraquat MDL increased by 222, bringing the total number of cases on the docket up to 1,925. About a dozen cases were remanded back to state court during this time frame, so the actual number of new cases transferred in is even higher than 222.
The Paraquat class action rules allow plaintiffs from across the country to file their lawsuit directly in the MDL using the master pleading forms. So it is difficult to track what districts these new cases are coming from on the docket.
The rapid growth of the Paraquat lawsuit recently prompted the MDL judge to postpone the initial bellwether trial and expand the pool of bellwether discovery cases.
September 1, 2022: Judge Randomly Selects 200 More Cases For Limited Fact Discovery
The Paraquat MDL Judge has selected a group of 20 additional cases from the Paraquat class action lawsuit for limited fact discovery. The list was randomly generated out of more than 1,700 currently pending cases. The Order requires that depositions of the plaintiffs in each of these cases must be concluded within 60 days, and a report summarizing the plaintiff’s testimony must be provided to the Court. More developed discovery in these suits will help lawyers on both sides get a better feel for the inventory of Paraquat lawsuits to help better determine settlement amounts.
Meanwhile, the recent flood of new incoming Paraquat claims continues. Over the last two weeks, around 200 new Paraquat plaintiffs have been added to the MDL. The MDL class action judge cited the rising number of cases as one reason the order required additional plaintiff depositions.
August 29, 2022: Judge Issues CMO Rescheduling Bellwether Trial
Bad news. The first bellwether test trial in the Paraquat class action MDL was supposed to start in November 2022, with a second test trial to follow in March 2023.Unfortunately, this trial date is getting pushed back. MDL Judge Nancy Rosenstengel issued a Case Management Order (CMO No.15) on Tuesday, canceling these dates and rescheduling the first bellwether trial for July 2023. In her Order, Judge Rosenstengel indicated that she allowed additional discovery time.
This is bad news because the best leverage for getting a defendant to offer reasonable settlement amounts is when a trial date is close. So this sets the Paraquat class action lawsuit back six months. But most lawyers representing victims in this litigation become more bullish on the viability of Paraquat lawsuits with each passing day.
(The latest Paraquat update in 2023 is that the trial dates are pushed back to October.)
August 15, 2022: 255 New Cases Added To Paraquat MDL
Last month, 255 new cases were transferred into the MDL, the highest number of new cases in a month since the start of the Paraquat Parkinson’s class action lawsuit. This brings the total number of Paraquat cases pending in the MDL to 1,703.
August 1, 2022: 168 New Lawsuits Added To Paraquat MDL In Previous 30 Days
In terms of new case filings, the federal Paraquat lawsuit continues to be one of the hottest mass tort class action MDLs on the board. Between May 16 and June 15, 142 new Paraquat lawsuits were filed or transferred into the MDL, bringing the current number of plaintiffs at the mid-month count up to 1,292.
In the 12 days since that last monthly count, another 54 new Paraquat Parkinson’s disease lawsuits have been filed and transferred into the MDL. During the previous 30-day period, we saw 168 Paraquat lawsuits added to the Paraquat MDL-3004.
In the last eight months, the Paraquat class action lawsuit has been averaging over 120 new Paraquat Parkinson’s disease lawsuits each month. The influx of new cases in the Paraquat class action lawsuit has been consistent and not marked by the up-and-down fluctuations we have seen in other mass torts.
June 10, 2022: Judge Continues To Push Parties Toward Paraquat Trail This Fall
The judge presiding over the Paraquat class action lawsuit continues to push the parties toward a Paraquat trial this fall. The judge issued a discovery schedule extending many of the previous deadlines in the Court’s initial scheduling order. Under the new order, the deadline for completion of fact discovery and medical examinations in the six bellwether trial cases will be July 25, 2022. This extension became necessary after the number of fact witnesses identified by the plaintiffs’ Paraquat lawyers extended initial estimates, a concern we raised in our May 6, 2022, update below. However, the short and limited extension ensures that the bellwether trials remain on schedule.
May 11, 2022: Bayer’s Setback In Roundup Case To Significantly Impact Paraquat Lawsuit
Bayer suffered a loss in the Roundup cases yesterday that will significantly impact the Paraquat lawsuit. In the Roundup litigation, Bayer was pursuing an appeal to the Supreme Court arguing that Roundup cancer lawsuits were preempted by the federal law governing pesticides. So if Bayer won that appeal, the defendants in the Paraquat Parkinson’s disease lawsuit could piggyback on that same argument and argue all Paraquat claims should be preempted by federal law.
The Biden administration filed a brief yesterday urging the Court to reject this argument and stating that “approval of labeling that does not warn about chronic risks does not by itself preempt a state-law requirement.” The Supreme Court had asked the Biden administration for their opinion before deciding whether to consider the appeal. This should effectively end any hope Bayer had of winning this argument. This will take a big arrow out of the defendants’ quiver in the Paraquat lawsuits. Paraquat is also a pesticide governed by the same federal law. If the SCOTUS rejects Bayer’s preemption argument, it will also preclude Chevron and Syngenta from pursuing the same legal argument in the Paraquat litigation.
May 2, 2022: MDL Judge Selects Group Of 6 Paraquat Lawsuits For Opening Round Of Bellwether Trials
The MDL judge in the Paraquat class action lawsuit has selected a group of six Paraquat lawsuits for the opening round of bellwether trials scheduled for the start of fall. The parties had previously picked a group of sixteen Paraquat claims. The attorneys began some limited pre-trial fact discovery to learn more about the specifics of these claims. Then lawyers for each side gave the judge a list ranking the sixteen cases in the order they would prefer as bellwether trials. The judge then picked out six cases from this group of sixteen. Lawyers are now vigorously conducting fact and expert pre-trial discovery to prepare these cases for trial.
April 14, 2022: 44 New Paraquat Lawsuits In MDL During Past 2 Weeks
In the last two weeks, 44 new Paraquat lawsuits have been transferred into the MDL. At this rate, April 2022 would have the highest volume month yet for new filings. The parties submitted their class action bellwether selections to the Paraquat MDL judge last week. But those selections have yet to be made public.
March 21, 2022: Pool Of 16 Cases Identified For First Round Of Bellwether
The Paraquat Parkinson’s disease class action lawsuit continues to press forward. A pool of 16 cases has been identified for the first round of bellwether trials (8 plaintiff selections and eight defense picks). Fact discovery in these initial class action bellwether lawsuits will be concluded by the end of this month. Last week, the MDL Judge issued an order giving the parties until April 8, 2022, to submit a preference ranking of their 5 case selections to assist the court in scheduling the opening trials.
March 16, 2022: Currently 875 Paraquat Lawsuits In MDL
There are now 875 Paraquat lawsuits in the MDL class action. This pesticide litigation has a much lower volume of victims than the Roundup lawsuits. This is relevant because fewer plaintiffs may ultimately mean higher Paraquat settlement amounts for victims. Why? It is easier for defendants like Chevron and Syngenta to offer reasonable individual settlement compensation payouts to victims when the overall settlement payout does not overwhelm the company’s balance sheet.
March 3, 2022: Judge Rules On Several Motions In Paraquat Lawsuit
The judge in the Paraquat class action lawsuits ruled on several motions to dismiss previously filed by the defendants. Judge Rosenstengel ruled that the plaintiffs’ public nuisance and Minnesota consumer protection were invalid and properly dismissed. That is no big deal. The remaining claims asserted by the plaintiffs in the Paraquat exposure lawsuit are allowed to move forward. Notably, Paraquat plaintiffs won on the statute of limitations/statute of repose issues that worried some Paraquat lawyers.
This clears the way for the opening round of bellwether trials in the MDL in 10 months. The first Paraquat lawsuit will go to trial on November 15, 2022. Pretrial discovery is going well for plaintiffs. So there is a strong possibility the defendants will offer reasonable settlements for Parkinson’s disease plaintiffs before that first trial.
February 10, 2022: Judge Rejects Defense’s Objection
As the Paraquat class action continues to grow, the MDL judge handed the plaintiffs’ Paraquat lawyers a victory Tuesday in a minor discovery battle. The plaintiffs’ lawyers were seeking transcripts of depositions from Syngenta corporate witnesses from a prior case in Illinois state court. The defense attorneys’ objected based on privilege, which is a genuinely ridiculous argument. Yesterday, Judge Rosenstengel rejected the argument and ordered that the transcripts be produced.
It is a minor victory because it was expected. But, as our lawyers discuss below, the speculation is that the confidential settlement amounts in the Parkinson’s disease Paraquat lawsuits in Illinois state court were very high. If this is correct, getting all the pretrial discoveries in that those pesticide claims may go a long way to large payouts for victims in the MDL class action.
February 4, 2022: Over A Dozen New Paraquat Lawsuits Filled Yesterday In Illinois
Over a dozen new Paraquat lawsuits were filed yesterday in the Southern District of Illinois by plaintiffs who developed Parkinson’s disease from occupational Paraquat exposure. The complaints name Syngenta Crop Protection LLC, Syngenta AG, and Chevron U.S.A. Inc. as defendants and assert the same general causes of action seen in previous paraquat cases (e.g., negligence and strict liability based on failure to warn). Paraquat lawyers have different ideas as to whether state or federal court is the most advantageous venue for victims of this pesticide.
February 1, 2022: Group Of 16 Cases Selected For First Round Of Bellwether Trials
A group of 16 cases in the Paraquat class action was selected for the first round of bellwether test trials which will begin in November of this year. The plaintiffs selected eight of the cases, and the defense picked eight. Four out of the 16 will be picked for a trial. The MDL class action judge in this herbicide lawsuit ordered that all discovery be completed by June 17. So the lawyers have some work to do. Fact discovery is now fully underway in these 16 bellwether discovery cases, and plaintiff depositions are being taken over the next few weeks.
January 21, 2022: 589 Current Paraquat Lawsuits In MDL
There are now 589 Paraquat lawsuits in the MDL. That is up 107 since December, underscoring the increased pace of the Paraquat litigation.
A motion to dismiss was filed by the defense last month, arguing that certain cases were time-barred under the applicable statute of limitations. Plaintiffs opposed that motion arguing that the concealment of the dangers of Paraquat extended the applicable limitations period. This week, the MDL judge set a deadline of Monday, January 10, 2022, for the defendants to submit replies in support of their motion.
January 15, 2022: Paraquat Plaintiffs’ Seek Relief From Court To Order Defendants To Produce Depositions
Syngenta and Chevron settled a Paraquat lawsuit last year for a dozen or so plaintiffs with Parkinson’s Disease in Hoffmann v. Syngenta Crop Protection, LLC. The settlement amount was confidential. But the word on the street is that there were large settlement amounts for the plaintiffs. Syngenta and Chevron desperately want to keep the amount of that Paraquat settlement and the testimony in those weed-killer lawsuits confidential. So these defendants have withheld some deposition transcripts in the class action. The plaintiffs’ Paraquat lawyers seek relief from the court to order the defendants to produce these depositions.
December 20, 2021: New Paraquat CMO Sets Keys Protocols And Procedures For Selecting Bellwether Cases
A few weeks ago, the Parkinson’s disease Paraquat MDL class action judge issued a case management order. This order set key protocols and procedures for selecting the first pool of potential bellwether trial cases. Every judge in an MDL class action lawsuit does it differently. For the Paraquat lawsuits, an initial pool of 16 bellwether Zantac lawsuits will have eight cases picked by plaintiffs’ lawyers and eight lawsuits selected by the defense lawyers. The Paraquat cases chosen must meet specific eligibility criteria to be selected.
Paraquat lawyers will have until March 31, 2022, to conduct fact discovery in the cases. This involves interrogatories, depositions, the production of documents, and other pre-trial discovery.
Based on the results of that fact discovery process, each side will get to strike two Paraquat lawsuits from the pool. The remaining lawsuits will then engage in expert discovery. This involves the medical doctor who will testify whether the victim’s Paraquat exposure caused Parkinson’s disease. The twelve remaining claims will be scheduled for the opening round of bellwether Paraquat trials beginning March 2023.
Getting a trial date in the Paraquat Parkinson’s class action is critical to pushing the defendant to offer reasonable settlement amounts to resolve these claims.
December 4, 2021: Currently 319 Lawsuits Pending In MDL
There are now 319 lawsuits pending in the Paraquat MDL. The MDL class action judge recently issued an order requiring all incoming Paraquat plaintiffs to complete a Plaintiff’s Assessment Questionnaire (PAQ). The PAQ is like a preliminary discovery request that requires each plaintiff who alleges Parkinson’s disease from Paraquat exposure to provide certain documents and answer a series of questions regarding their work and medical history and detailing their alleged exposure to Paraquat.]
October 1, 2021: Two New Updates Of Interest
Our Paraquat lawyers have two new updates of interest.
First, despite calls to ban the use of paraquat in the U.S., in July, the EPA re-approved the controversial herbicide for use by licensed farmers. In September 2021, a collection of public interest groups filed a petition in the 9th Circuit Court of Appeals seeking to overturn the EPA’s decision. If the petition is successful, there could be a Paraquat ban or even a Paraquat recall in the U.S.
A French research study published in September 2021 found that paraquat exposure in pregnant women can cause a type of prenatal neurodevelopmental toxicity similar to Parkinson’s Disease. This is the first study to link paraquat exposure to prenatal health defects. This could become a big deal in the Paraquat lawsuits if children are also victims.]
Defendants timely filed motions to dismiss, arguing that many cases in this MDL are partially or fully time-barred by statutes of limitation and repose, that the public nuisance claims filed by some Plaintiffs fail to state a claim, and that Plaintiffs’ warranty and consumer protection claims must be dismissed for a variety of reasons specific to state law.
August 19, 2021: MDL Judge Holds Initial Conference
Last month, MDL class action District Court Judge Nancy Rosenstengel held an initial conference with the plaintiff and defense counsels. She announced that she would set a schedule that will timely ensure that these Paraquat lawsuits go to trial. The court anticipates that the first Paraquat/Parkinson’s Disease bellwether jury trial will begin on November 15, 2022. It also scheduled the final pretrial conference for October 27, 2022.
This may not feel like soon to victims eager for a settlement. But for plaintiffs’ Paraquat lawyers, it is good news to get a trial date because it is the first big step towards getting victims the settlement compensation amount they deserve.
What Is Paraquat?
Paraquat (paraquat dichloride) is a highly extremely toxic chemical used to kill weeds, grass, and other unwanted vegetation. It is applied by spraying. Despite being banned in many countries, Paraquat is one of the world’s most widely used industrial herbicides.
Paraquat is legal in the U.S., but the Environmental Protection Agency (EPA), classifies it as a “restricted use” chemical. This means that Paraquat can only be bought and used by commercially licensed users (primarily commercial farmers).
The Paraquat herbicide has been around since the early 1960s. The use of Paraquat has rapidly increased over the last 20 years because weeds have become resistant to other products. Paraquat is the most commonly used type of restricted-use herbicide in the U.S. Paraquat comes in liquid form and is sprayed onto crops in various ways. Paraquat has a bright blue color and a distinctive odor.
Paraquat herbicides are manufactured and sold under several brands or product trade names. Gramoxone is the most common trade name for Paraquat. Gramoxone is manufactured by Syngenta, a global agrochemical company based in Switzerland.
The Paraquat lawsuit is reminiscent of the Roundup cancer lawsuit, a very successful litigation for victims. (Eerily, they both have similarities to Agent Orange.) They are both used as non-selective herbicides. With Roundup, the injury is not Parkinson’s disease but cancer.
These products contain Paraquat:
- Gramoxone
- Ortho-Paraquat
- Devour
- Blanco
- Paraquat Concentrate
- Helmquat 3SL
- Bonedry
- Cyclone SL 2.0
- Firestorm
- Para-Shot 3.0
Paraquat Is Extremely Toxic
Paraquat is an extremely toxic chemical that is highly poisonous if ingested. Paraquat has been used commercially in the U.S. since 1964. The health risks associated with Paraquat – most notably the risk that exposure causes Parkinson’s disease – have led 32 countries to ban the chemical entirely.
How toxic is Paraquat? In 2023, we are told just about everything is toxic. So let’s put Paraquat’s toxicity in context. If you take one sip of Paraquat, it will kill you 70% of the time. That tells you a lot.
So what other harm can this toxic chemical cause? Over the last 12 years, a growing body of scientific research has established that normal occupational exposure to Paraquat can cause Parkinson’s Disease.
Parkinson’s Disease is a neurologic disorder in which the deterioration of specific cells in the brain gradually impairs the brain’s ability to control motor functions in the body. Symptoms of Parkinson’s include impaired movement, tremors, lack of balance, and muscle stiffness.
As one of the defendants, Chevron, readily admits, there are over 1,000 articles in the medical literature discussing Paraquat’s toxicity on animals and humans. The Parkinson’s disease link came later. One of the first studies showing a link between Paraquat exposure and Parkinson’s Disease was published in the American Journal of Epidemiology in 2009.
The study found that individuals who lived within 1600 feet of areas where Paraquat was regularly sprayed had a heightened risk of Parkinson’s Disease. The results of a more comprehensive study were published in 2011. This study concluded that there was a “strong association” between Paraquat exposure and Parkinson’s disease.
These first two studies faced sharp criticism over study techniques and reliability because they were not “controlled” studies. In 2014, however, these doubts were put to rest when five separate case-controlled studies were published in the Annual Review of Pharmacology and Toxicology.
These studies confirmed that exposure to Paraquat resulted in a greater risk of Parkinson’s disease. This eventually prompted the EPA to announce in 2016 that it was conducting its safety review of Paraquat.
On March 24, 2021, Greenpeace published “The Paraquat Papers.” This piece details the history of attempts by Syngenta and its predecessor, Imperial Chemical Industries (ICI), to conceal Gramoxone’s risks from the public. Allegedly, ICI claimed to have added the emetic PP796 in Paraquat products to prevent fatal poisoning.
Despite this claim, internal company documents revealed that it failed to do this. It also revealed the company knew of this problem. ICI continued to assert PP796’s effectiveness publicly. Additional documents suggest that it mischaracterized the addition of PP796 to keep Gramoxone on the market.
Jon Heylings, a former Syngenta toxicologist, also reported on the low PP796 levels in Gramoxone. He warned that the emetic levels were insufficient to induce vomiting in individuals who swallowed the “minimal lethal dose.”
Heylings claimed that a former toxicologist for Imperial Chemical Industries (ICI), Syngenta’s predecessor, manipulated data to incorrectly suggest that humans were ten times as sensitive to PP796 than the other three animals researchers used in tests.
He reported these issues to his superiors in several memos. Heylings argued that the former toxicologist’s data “misled” the business. He advised that higher PP796 doses would reduce the paraquat poisoning fatality rate.
Nonetheless, ICI ignored Heylings’ concerns. The PP796 levels in Gramoxone became the United Nations Food and Agricultural Organization’s standard for paraquat-based weed killers.
- PP796 and Paraquat: the accidental swallowing of Paraquat is a whole different issue but it may have caused the deaths of thousands of people worldwide
- Paraquat mice study on inhaling Paraquat and the loss of smell, which underscores the toxicity with limited exposures
Parkinson’s Disease
Parkinson’s disease is a progressive neurodegenerative disorder of the brain that alters the central nervous system’s ability to control movement. This can lead to motor symptoms such as tremors, slowed movement, freezing of gait, slurred voice, poor balance, muscle spasms, and stooped posture.
Unfortunately, we do not have a cure for Parkinson’s disease to slow or stop the progression of this insidious disease. There are medications to relieve the symptoms. But many have side effects that cause more disruption than the disease.
Paraquat is believed to cause Parkinson’s disease because it causes oxidative stress. Paraquat kills plants by creating oxidative stress that causes the degeneration and death of plant cells.
Scientists know that oxidative stress causes the death of dopaminergic neurons in the substantia nigra pars compacta (“SNpc”) in the human brain. This impacts dopamine production. Dopamine is the chemical that transmits motor signals from the brain throughout the body.
So the same oxidation stress that makes Paraquat toxic to plant cells also makes Paraquat toxic to nerve dopaminergic neurons. So it makes sense that Paraquat exposure would increase the risk of Parkinson’s disease.
- Parkinson’s disease from Camp Lejeune is another major lawsuit in 2022
Paraquat Lawsuit
The link between Paraquat and Parkinson’s Disease may have been known to manufacturers for years. But it was never publicly disclosed. This means that companies who manufactured and sold Paraquat can be held liable for selling a dangerous product without proper warnings. There are also Paraquat drifter lawsuits for victims who lived near farms and were exposed to high levels of Paraquat. Will these drifter Paraquat lawsuits be more difficult? Absolutely. But they can be won.
Individuals who used or were exposed to Paraquat and subsequently diagnosed with Parkinson’s may be entitled to significant financial compensation. As we discuss below, our lawyers think the settlement amount in the Paraquat lawsuits will be high.
The first Parkinson’s disease Paraquat lawsuit was filed in Missouri in 2017 against Syngenta, the Swiss-headquartered, Chinese-owned agrochemical company that now makes the drug, and Growmark (another company that makes Paraquat products).
The plaintiffs in the lawsuit included farm owners and agricultural laborers who either applied to Paraquat or worked on farms where Paraquat was used and later developed Parkinson’s disease. Several other similar Paraquat weed killer lawsuits have been filed in other states since then.
There is now a Paraquat class action MDL. This means all Parkinson’s disease lawsuits in federal court will be consolidated under one judge in what is called an MDL.
When is the first Paraquat trial? As our Paraquat lawyers talk about in the August 20, 2022, update above, there will be a trial in July 2022. Attorneys on both sides are in the discovery phase of the Paraquat litigation.
The best case scenario is that this first Paraquat lawsuit never goes to trial and there is a global settlement in which all Parkinson’s disease plaintiffs receive an agreed-upon settlement payout.
What Is the Average Settlement for a Paraquat Lawsuit?
The first Paraquat trial is six months away. There have not been any settlements yet outside of the Illinois lawsuits that were filed long before the Paraquat class action lawsuit.
Based on settlements payouts in prior cases involving similar claims and injuries – and, frankly, the speculation about the settlement amounts in the Illinois lawsuits – our lawyers believe the average per person Paraquat lawsuit settlement in the highest settlement tier could yield a compensation payout between $600,000 and $900,000 (our attorneys increased our projected Paraquat settlement compensation amounts in 2024 – twice – based on what we have seen and from talking to other Paraquat lawyers because the cases are going very well). Almost certainly, there will be individual settlements above that range.
Our Paraquat lawyers have revised our expected average settlement amounts as this litigation has progressed. These are very good cases for the plaintiffs with what our attorneys believe have a high probability of a successful settlement or jury payout.
How Many Parkinson’s Disease Paraquat Lawsuits Have Been Filed?
As of summer 2024, there nearly 6,000 case in the MDL, over 700 claims in Pennsylvania state court in Philadelphia, and other in state courts such as Delaware and Illinois.
The number of claims in the Paraquat class action lawsuit has slowed but we will continue to see more of these cases because of latency period between exposure and diseases… and the fact that the product is still on the market. Our law firm is still regularly getting calls from victims who had Paraquat exposure and have now developed Parkinson’s disease.
How Do I Know if I Was Exposed to Paraquat?
Paraquat is a highly restricted herbicide in the U.S., meaning only licensed applicators, such as commercial farmers or trained professionals, are legally allowed to use it. This limits the general public’s direct exposure to Paraquat, but there are still several ways you may have come into contact with this dangerous chemical.
If you worked on a farm, ranch, or agricultural site where Paraquat was used, you could have been exposed through direct handling, mixing, or application of the herbicide. Even if you did not apply Paraquat yourself, exposure could still occur through contact with contaminated equipment, clothing, or by being near the areas where it was sprayed. Wind drift from spraying can carry Paraquat into nearby residential areas, contaminating the air, water, and soil. Additionally, rural communities near farms using Paraquat may face long-term exposure risks from groundwater contamination or through regular contact with tainted surfaces.
But these are much tougher cases than the direct exposure claims. We also know the MDL judge does not seem to be very receptive to these cases.
Who Is Being Sued for Paraquat?
The central defendants in the Parkinson’s disease lawsuits have been Syngenta (a Swiss agrichemical company), and Chevron Phillips Chemical Co. Syngenta is the current manufacturer of paraquat, and Chevron Phillips makes and sells Gramoxone (which contains paraquat) in the U.S.
What Do I Have to Do to Bring a Parkinson’s Disease Paraquat Lawsuit?
It is little for a victim to do except have a lawyer file a Paraquat lawsuit for you and wait and hope these Parkinson’s disease lawsuits yield a global settlement amount. When you bring a Paraquat lawsuit, you do have to fill out some paperwork. For many, your efforts will be limited to this questionnaire. Otherwise, there is not much for victims need to do except let the Paraquat lawyers fight for a fair settlement.
Example Paraquat Lawsuit
Let’s talk about a recent Paraquat lawsuit that is somewhat typical.
David Culpepper of Calhoun County, Florida, became one of the most recent plaintiffs to join the ongoing Paraquat litigation. Culpepper filed a Paraquat product liability lawsuit against Syngenta and Chevron. Culpepper filed his Paraquat lawsuit directly in the Parkinson’s class action MDL in the Southern District of Illinois rather than filing in Florida and having the case transferred into the MDL.
Culpepper alleges that he was occupationally exposed to Paraquat when he worked as a farmer in Calhoun County, FL, from the 1970s to the 1980s. During these ten years as a farmer, Culpepper alleges that he experienced regular and direct Paraquat exposure when he mixed and applied it to crops and from direct contact with sprayed plants. In addition to his ten years of occupational exposure, Culpepper’s home since 1956 is surrounded by farms where Paraquat is used. So he has both occupational exposure and drifter exposure.
Culpepper was diagnosed with Parkinson’s disease in September 2019. His lawsuit alleges that he developed Parkinson’s disease due to his prolonged exposure to Paraquat. Culpepper’s Paraquat Parkinson’s lawsuit asserts that the defendants knew or should have known that Paraquat was toxic and could cause neurological injuries.
Culpepper’s Paraquat suit asserts causes of action for failure to warn, defective design, general negligence, breach of warranty, and punitive damages.
Contact Us to File Your Paraquat Lawsuit
One million Americans have Parkinson’s disease. If even 10% of these Parkinson’s cases are from Paraquat, that is 100,000 possible plaintiffs. Given the severity of Parkinson’s disease, we expect to continue to see more lawsuits filed.
The Paraquat attorneys at Miller & Zois are currently seeking new Paraquat cases. If you used or were exposed to Paraquat and you have been formally diagnosed with Parkinson’s Disease, you may have a valid Paraquat lawsuit.
Contact a Paraquat lawyer today to see if you qualify for a Paraquat Parkinson’s lawsuit. You can reach us at 800-553-8082. You can also contact us online for a free consultation.