Tuesday, October 4, 2022

Parkinson’s Class Action Lawsuit

Estimated Settlement Payout Value For Paraquat Claims

Class Action Lawsuit (Siskinds March 5, 2022)

Despite all these variables that will impact the eventual payout value on Paraquat cases, our lawyers estimate a reasonable individual Parkinsons disease settlement payouts. We do this by looking at settlement payouts in prior mass torts. Our attorneys also look at the settlement compensation for Parkinsons disease in tort cases generally.

Based on these points of comparison, our Paraquat lawyers think that the likely settlement payout on Paraquat claims will be as follows:

Settlement Tier Estimated Settlement

Tier III $20,000 $150,000

Remember, we are talking about expected Paraquat settlement amounts, not trial value. The average successful verdict in an individual Paraquat lawsuit would likely be more than $10 million with the possibility of much more in punitive damages. Does that sound too high? Remember, the average successful verdict in the Roundup lawsuits was well over $500 million. In the 3M earplug lawsuit where the claim is a hearing-related injury, the average individual jury payout is well over $10 million. Parkinsons disease is a far more serious injury. So an average jury compensation payout estimate of $10 million might be on the low side.

Paraquat Exposure Linked To Parkinsons Disease

This toxic herbicide has been linked to many side effects, including Parkinsons disease.

While paraquat has been banned in 32 countries across the world, including the European Union and China, it has not been banned in the United States yet. In fact, the use of paraquat in the U.S. has only continued to grow in recent years.

According to the U.S. Environmental Protection Agency , paraquat is one of the most widely used herbicides in the nation. Nearly 11 million pounds of the herbicide are sprayed on U.S. crops each year.

Does Roundup Have Paraquat

Roundup does not contain paraquat, but commercial agriculture workers may use both types of herbicide. As more weeds become resistant to Roundup, farmers often turn to paraquat.

Paraquat is considered many times more toxic than Roundup, but its main ingredient glyphosate is linked to non-Hodgkin lymphoma.

The EPA hasnt restricted Roundup use to licensed applicators, and its available for homeowner use.

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Hold Paraquat Manufacturers Accountable

The bad thing about paraquat exposure is that companies knew about its link with Parkinson’s. Still, they continued to make and sell the herbicide. Therefore, paraquat Parkinson’s lawsuits can hold these companies accountable for being negligent.

The herbicide manufacturers knew about Paraquat’s potential links to Parkinson’s. However, they did not warn farmers, landscapers, or other people who used the herbicide about its side effects.

Side Effects Of Paraquat Exposure

Paraquat Class Action Lawsuit

The side effects of paraquat poisoning vary depending on how much of the chemical youve been exposed to, the way youve been exposed, and how long the exposure lasted. Exposure to a large amount is often fatal.

Immediate side effects after ingesting a large amount of paraquat

  • Pain and swelling in the throat and mouth
  • Stomach pain
  • Dehydration
  • Low blood pressure

Side effects that can occur within hours or days after ingesting a large amount of paraquat

  • Accelerated heart rate
  • Difficulty breathing or respiratory failure
  • Seizures

Side effects after ingesting a small or medium amount of paraquat

The following health problems can occur within days or weeks:

  • Scarring of the lungs

Long-term side effects of paraquat poisoning

Exposure to paraquat over several years can lead to several health problems:

  • Difficulty breathing
  • Increased risk of birth defects
  • Kidney damage

And paraquat has been linked to Parkinsons disease.

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Get The Whitley Advantage In Your Paraquat Claim

Attorneys at the Whitley Law Firm are distinguished by more than 80 years of combined experience representing injured people. We care deeply about our clients and work hard on their behalf to pursue the best possible outcome in each case.

Product liability is a complex area of law. Not every law firm has the experience, resources, and knowledge to represent consumers effectively when they have been injured by a defective product. The Whitley Law Firm has the ability and the willingness to take on large companies to get the compensation our clients deserve.

If you or a loved one suffered paraquat exposure and was later diagnosed with Parkinsons disease, call the Whitley Law Firm at today for service in Raleigh, Kinston, New Bern, or elsewhere in North Carolina. It wont cost anything to see if we can help.

How Is Paraquat Used

Paraquat is widely used by farmers in the production of crops, including corn, soy, cotton, peanuts, wheat, almonds, strawberries, grapes, sweet potatoes, and others. Its use has doubled over the past decade and is expected to grow due to its effectiveness on superweeds that have developed resistance to glyphosate . It can also be used for the desiccation of crops, such as cotton, prior to harvest. In total, farmers apply more than 10 million pounds of paraquat each year.

Because of its toxicity, the EPA classifies paraquat as a restricted use pesticide. Only certified applicators who undergo EPA-approved training are able to use paraquat products. There are no homeowner uses for paraquat and the herbicide may not be applied in residential areas or around schools, parks, golf courses, or playgrounds.

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What Is The Connection Between Paraquat And Parkinsons Disease

Parkinsons disease occurs when neurons that produce dopamine are destroyed. Dopamine is a neurotransmitter that is essential for mobility, cognition, and other key processes in the brain.

Some people develop Parkinsons disease as a result of genetic factors. In many other cases, however, toxic exposure is the culprit.

Research shows that inhaled paraquat toxins destroy dopamine-producing neurons in the brain. This can result in the development of Parkinsons disease later in life, with symptoms potentially not arising until years after exposure.

Link Between Paraquat And Parkinsons Disease

Paraquat Lawsuits and Parkinson’s Disease – What You Need to Know

Parkinsons disease is a progressive neurodegenerative disorder of the brain that affects primarily the motor system, the part of the central nervous system that controls movement.

The characteristic symptoms of Parkinsons disease are its primary motor symptoms: resting tremor bradykinesia rigidity and postural instability. There is currently no cure for Parkinsons disease. Existing treatments do not slow or stop its progression such treatments are capable only of temporarily and partially relieving the motor symptoms. These treatments also have unwelcome side effects the longer they are used.

Paraquat is a toxic chemical that is a highly effective plant killer. Unfortunately, the same properties that make paraquat toxic to plant cells also make it highly damaging to human nerve cells and create a substantial risk to anyone who uses it.

Oxidative stress is a major factor inif not the precipitating cause ofthe degermation and death of dopaminergic neurons which is the primary pathophysiological cause of Parkinsons disease. Paraquat is designed to injure and kill plants by creating oxidative stress, which causes or contributes to causing the degeneration and death of plant cells. Similarly, Paraquat injures and kills animals by creating oxidative stress, which causes the degeneration and death of animal cells.

Here are the key articles on Paraquat exposure and Parkinsons disease with a summary of the findings:

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What Is The Scientific Link Between Paraquat And Parkinsons Disease

Numerous scientific studies have linked paraquat to Parkinsons. A large 2011 study of U.S. farmers found that those who used paraquat were twice as likely to develop Parkinsons disease as those who didnt use the chemical. Other research has found that cumulative exposure over long periods increases the risk of developing Parkinsons. Data published by Louisiana State University shows that a persons zip code and proximity to cropland where paraquat is applied correlates with the risk of developing Parkinsons.

Scientists believe that a deficit of the neurotransmitter dopamine causes Parkinsons. Studies have demonstrated that paraquat can kill dopamine-producing nerve cells in the brain. Inhaling paraquat, which could happen if workers come into contact with aerosolized droplets during crop spraying, gives it a direct pathway to the brain, say researchers at the University of Rochester. However, paraquat could also end up in the brain after ingestion or skin exposure. The CDC notes that, once paraquat enters the body, it is distributed to all areas of the body.

Who Should File A Paraquat Lawsuit

If you suffer injuries and losses because of Paraquat exposure, it is important to speak with a trusted personal injury attorney. This person will determine your eligibility for filing a lawsuit.

Filing a lawsuit to recover damages from Paraquat can not only provide you with compensation for your injury and suffering, but it can also help bring justice by holding the companies who are responsible accountable.

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Paraquat And Parkinsons Disease: Whats The Link

Several studies have linked paraquat to neurological problems, with one finding that low-level exposure can cause cell mutations in the brain that mimic Parkinsons disease.

A National Institutes of Health study similarly found that paraquat produces subcellular changes associated with Parkinsons and that those who used the pesticide were 2.5 times more likely to develop the disease than non-users.

The NIH study was part of a larger Agricultural Health Study, which looks at the link between pesticides and certain health conditions, including cancer.

New Research Backs Fame Findings

Parkinson

A December 2016 study published in Nature Chemical Biology reassures researchers who believe Paraquat to cause Parkinsons Disease.

A CRISPR screen, an investigation into the possible agents that increase the risk of Parkinsons for individuals exposed to Paraquat, identified a pathway required for Paraquat-induced cell death in humans.

The study found that after being exposed to Paraquat, genes that may lead to Parkinsons disease were identified using an innovative gene-editing technique.

Further, the study found that Paraquat kills cells through a mechanism called oxidative stress.

The study was unable to reveal the exact process that allowed the herbicide to do so, though the researchers presented multiple theories.

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Who Is Exposed To Paraquat

Agricultural workers and their families are those most commonly exposed to paraquat. However, people living near farms and fields can also be exposed. The following people are at high risk of exposure:

  • Farmers, farmworkers, landscapers, and agricultural workers
  • Families members of and any other people living with farmers, farmworkers, landscapers and agricultural workers
  • Residents of rural areas near farmland sprayed with paraquat
  • Anyone who works with or around professional-grade pesticides
  • Anyone who lives near places where professional-grade pesticides are sprayed

How Long Do I Have To File A Paraquat Parkinsons Lawsuit

The amount of time you have to bring a case after youre injured is referred to as the statute of limitations. This varies widely depending on what state you live in, with statutes of limitation ranging from one year to six years.

Things are further complicated by the fact that some states start the statute of limitations at the date of first exposure, while others start it on the date when you reasonably should have known of the risk.

The takeaway is that you do not have an unlimited amount of time to file, but that doesnt mean you should assume that its too late. This is another reason to consult a lawyer who knows your state regulations. Your lawyer will be much better able to evaluate your case and let you know whether its likely to be within the statute of limitations.

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How Is It Used On Crops

Paraquat kills green plant tissue on contact. Its highly effective as an herbicide, removing unwanted weeds and grasses from plots of land. Although not always the case, now only trained, licensed professionals may apply paraquat. Its strictly for commercial use its not available to homeowners.

To date, paraquat has been banned by 32 countries, including China and the European Union. However, according to the Michael J. Fox Foundation for Parkinsons Research, paraquat usage has never been higher in the United States.

The Plan To Push Paraquat Lawsuits To Trial

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The judge in the Paraquat Parkinsons disease class action lawsuit issued a case management order that sets the game plan to select the lawsuits that will be the first to go to trial in this litigation. The plan is to pick out sixteen Paraquat lawsuits. Each side gets to pick half of the cases, subject to eligibility requirements set by the MDL judge.

Then, the lawyers start working up these lawsuits for trial. That involves the discovery process, the fact-finding mission attorneys go to before trial.

This all pushes towards a trial date in March 2023. Does this feel like a long time from now? If you have Parkinsons disease and you believe Paraquat caused your Parkinsons, it seems a long way from a settlement and the justice you deserve. This is the nature of the beast in mass tort lawsuits. This is the best and only path.

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Va Review Of Evidence On Health Impact Of Camp Lejeune Water

In 2012, Congress passed a new law that directed the Department of Veterans Affairs to provide special health benefits to former residents of the Camp Lejeune Marine Corps base. These special additional benefits were intended for treatment related to medical conditions and diseases that these veterans may have developed from exposure to the contaminated water at Camp Lejeune.

To help the VA administer these benefits it became necessary to determine what diseases and health conditions were potentially related to the Camp Lejeune water contamination. To identify what diseases were linked to the Lejeune water, a special panel of experts was formed and called the Committee on the Review of Clinical Guidance for the Care of Health Conditions Identified by the Camp Lejeune Legislation .

The VA Committee was composed of leading experts in the relevant medical and scientific fields. The VA Committee was tasked with doing a comprehensive review of all the available scientific studies and research regarding the health impact of exposure to the chemical solvents in the Camp Lejeune Water supply. Based on this review, the VA Committee determined what specific diseases and health conditions could be linked to the Camp Lejeune water supply based on reliable evidence.

How Do I Find A Lawyer For A Paraquat Lawsuit

Contact an experienced paraquat lawyer at Dahlberg Law today to discuss your potential paraquat Parkinsons lawsuit. Our attorneys can answer your questions and explain your legal rights. Were committed to ensuring you and your family receive the financial compensation youre entitled to. You can also call us at 507-424-3000

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Paraquat Litigation Should Result In A Global Settlement

At this early phase of the Paraquat Parkinsons disease litigation, it is impossible to know how much Paraquat lawsuit settlements might be worth. Because an MDL has already been created for the Paraquat claims, our Paraquat lawyers expect this litigation to follow a familiar course in other class action lawsuits we have seen.

The Parkinsons Disease Paraquat exposure MDL oversees a consolidated fact discovery process. This will focus on the scientific evidence for both sides. During this phase, newly filed paraquat cases will be added to the MDL.

At the end of the consolidated civil discovery phase, the MDL judge will work with lawyers for both sides to select a handful of representative cases for jury trials. In May 2022, we have narrowed that down to six potential Paraquat lawsuits.

These are known as bellwether trials and the results of these trials are generally used to facilitate global settlement negotiations with the defendants.

If the bellwether trials result in major victories for the plaintiffs, Syngenta may be forced to agree to pay large settlement amounts for the remaining Paraquat claims. In consolidated mass torts, this is called a global settlement.

What Is Parkinsons Disease

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Parkinsons disease is a progressive nervous system disorder that can lead to uncontrollable shakiness, stiffness, and the general deterioration of motor-function abilities.

There is currently no cure for Parkinsons disease, though there are treatments available that may help lessen some motor and non-motor symptoms.

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How Does Paraquat Work

Rather than spend money researching how to make their products safer, companies will hire scientists to create favorable research about their products and lobbyists to ensure government regulations do not affect their bottom line. The pesticide industry has known about the link between Paraquat and Parkinsons disease for decades, but has always found an excuse to ignore the research.

The Environmental Protection Agency has turned a blind eye to this research as well. Unfortunately, the result is that thousands of men and women become sick from these products. The simple truth is this: the only thing that holds the pesticide industry accountable is juries.

History Of Water Contamination At Camp Lejeune

Camp Lejeune is a major Marine Corps base in North Carolina that has been in used since WWII. From 1953 through 1987 the water supplied to Camp Lejeune was tainted with dangerously high levels of toxic chemicals. The two primary contaminants in the Lejeune water supply during this period were perchloroethylene and trichloroethylene . Benzene was also named as an additional chemical in the water at Lejeune.

PCE and TCE are powerful chemicals that were used as solvents in various industries including dry cleaning and cleaning of metal weapons and equipment. The levels of PCE and TCE in the Camp Lejeune water system were several thousand times higher than the maximum safe limits set by public health agencies. Later studies into the contamination have estimated that over 1 million people were exposed to the Camp Lejeune water over the years.

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People Who Developed Parkinson’s Disease Due To Paraquat Exposure Are Eligible For Compensation

While paraquat has been around since 1962, it was only recently that people began filing lawsuits against liable manufacturers, who failed to warn consumers of the risk of developing Parkinson’s disease as a consequence of exposure.

The first lawsuit was filed in 2017 by Thomas Hoffman of St. Clair County, Michigan, against Syngenta and Growmark, but he died after filing his lawsuit at 63, as he was struggling with Parkinson’s disease.

Nowadays, people no longer file lawsuits against the responsible paraquat manufacturers. Instead, a claim will be filed by a lawyer whose main area of practice is toxic exposure. This will result in financial compensation within a shorter time and require a less complex process than a lawsuit.

The financial amount people who developed Parkinson’s disease may receive as a consequence of paraquat exposure ranges between $10,000 and $200,000.

However, it depends on key factors such as how much distress the brain disorder is causing to the sufferer in their daily life, whether they need the assistance of another person to perform everyday tasks, and the medical expenses incurred by their diagnosis.

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