Paraquat Lawsuit Updates & News | May 2024
ConsumerShield
Reviewed By Adam Ramirez, J.D.
Editor
The latest news on the Paraquat lawsuit keeps evolving through the courts.
The Paraquat class action MDL experienced a significant increase, with 241 new cases added in 2024, marking the highest monthly volume since November 2023. The MDL now comprises 5,318 pending cases.
Here are the latest updates on the Paraquat lawsuit:
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After a slow March, the Paraquat class action MDL experienced a resurgence in April, adding 225 new cases. This increase restores the monthly average typical for this litigation, bringing the total number of pending cases to 5,590.
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Chief Judge Rosenstengel dismissed four key Paraquat lawsuits, citing the exclusion of essential testimony from Dr. Martin Wells, a primary expert on causation. This decision, detailed in a 99-page opinion, critically impacts the plaintiffs' ability to prove a causal link, effectively ending these cases.
Despite the setback, the litigation is not concluded. The remaining Paraquat legal team is tasked with strengthening their expert testimonies, as reliance on Dr. Wells alone is insufficient. The judge has directed the parties to select 16 new cases for limited fact discovery. Plaintiffs will choose eight cases, while Chevron and Syngenta will select four each, adhering to specific criteria including complete Plaintiff Assessment Questionnaires.
Following case selection, a new Case Management Order will schedule discovery and set trial dates. The dismissed plaintiffs have the option to appeal, while their attorneys focus on reinforcing their arguments with more compelling expert evidence to establish the link between Paraquat and Parkinson’s disease.
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New lawsuit was filed in Connecticut by the surviving spouse of a decedent who was exposed to Paraquat from 1966 to 2001. The lawsuit claims that this exposure led to the development of Parkinson's Disease, contributing to the decedent's death in 2022. Parkinson's symptoms, which can take years to develop after exposure, were diagnosed on September 1, 2019. The filing also mentions a typographical error that mistakenly identifies another plaintiff from related litigation, a minor oversight that could be seen unfavorably by the overseeing judge, given prior concerns.
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Paraquat MDL has seen a slowdown in new case filings, with only 47 new cases added in March. This follows a significant increase in filings during February. Since the start of the year, around 300 new cases have been filed, with the bulk of 280 cases occurring in February.
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A new lawsuit was filed in the Paraquat MDL by a Tennessee plaintiff who had prolonged exposure to Paraquat from 1982 to 1994. The lawsuit alleges that this exposure significantly contributed to the plaintiff developing Parkinson’s disease in 2023.
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The Paraquat class action MDL experienced a significant increase, with 241 new cases added in the last month, marking the highest monthly volume since November. The MDL now comprises 5,318 pending cases.
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- 60 Lawsuits at Risk: Special Master advises dismissal due to non-compliance with questionnaire.
- Majority from One Firm: Significant portion of affected cases linked to a single law firm.
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- Reduced Case Influx: Notable decline in new Paraquat MDL cases.
- Previous vs. Current Rate: Shift from monthly average of 250 to less than 50 in recent months.
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The influx of new cases in the Paraquat class action MDL has significantly decreased. After averaging about 250 new cases monthly over the last two years, only 26 new cases were added in January, bringing the total to 5,077 pending cases.
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The Paraquat Multi-District Litigation (MDL) has recently observed a significant reduction in its case count. Key updates include:
- Drop in Pending Cases: The MDL has seen a decrease of 21 cases over the past month.
- Comparison to Past Trends: This reduction is notable given the MDL's history of averaging over 150 new cases per month for the last two years.
- Possible Causes: The decrease is likely attributable to a combination of large groups of inactive cases being dismissed and a slowdown in the filing of new cases.
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A recent Paraquat lawsuit has been initiated, with the plaintiff alleging that insufficient warnings from the defendants led to their direct exposure to the herbicide and a lack of public knowledge about its risks. Key details of the case include:
Plaintiff's Background: The plaintiff, a former farm worker and herbicide applicator in Homestead, Florida from 1978 to 2004, claims to have been regularly exposed to Paraquat. This exposure is said to have resulted in the plaintiff developing Parkinson’s Disease around 2014.
Nature of the Lawsuit: The suit seeks compensation for various damages, including emotional and mental anguish, medical expenses, and other economic and non-economic losses due to the defendants’ alleged negligence.
Statute of Limitations Argument: The plaintiff's legal team contends that the victim was unaware of the potential harm caused by handling Paraquat as instructed. The plaintiff reportedly only became aware of the link between Paraquat and illnesses like Parkinson’s disease and end-stage renal disease after March 2021.
Ongoing Legal Actions: This case adds to a growing list of lawsuits filed this year against Paraquat manufacturers, signaling a continued legal battle over the herbicide's alleged health risks.
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The Paraquat Multi-District Litigation (MDL) has now exceeded 5,000 pending cases. However, the past month saw only 86 new cases added, marking the lowest monthly case volume in over two years. This trend of reduced case filings has been observed for the second consecutive month, indicating a notable decrease in the rate of new case submissions in the MDL.
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Contrary to the previous month's slower pace, the Paraquat class action Multi-District Litigation (MDL) has witnessed a substantial influx of over 200 new cases in the last 30 days. This increase significantly alters the recent trend, elevating the total count of pending cases to nearly 5,000. This recent development suggests that the earlier slowdown in new case filings may have been a temporary deviation rather than a long-term trend in the litigation.
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Dr. Douglas Weed, the author of a controversial article examining the potential link between paraquat and Parkinson’s disease, has recently filed a motion seeking the dismissal of a subpoena issued by the plaintiffs' attorneys. His article, titled “Does paraquat cause Parkinson’s disease? A review of reviews,” published in NeuroToxicology in September 2021, argues against the prevailing scientific consensus that paraquat is a causative factor in Parkinson’s disease.
Asserting that he holds no direct connection to the ongoing paraquat litigation, Dr. Weed challenges the scope and extent of the documentation demands made by the subpoena. He argues that the requests are overly burdensome, stretching beyond the permissible geographic limits set by Rule 45. Through his motion, Dr. Weed highlights the rights of non-parties in legal proceedings and asserts that the overreaching nature of the subpoena, coupled with its alleged violation of Rule 45, warrants its dismissal.
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The Paraquat class action Multi-District Litigation (MDL) experienced an uncharacteristic decline in new cases this past month, with only 30 new filings, marking the lowest monthly influx since the inception of the MDL over two years prior. This comes after a consistent 18-month period during which the Paraquat MDL emerged as one of the most active, witnessing an average of 200-300 new cases monthly and a striking total of 1,000 cases in the recent two-month span alone. This abrupt decrease in new cases suggests the possibility that the litigation is entering a new stage, characterized by a decelerated pace of growth.
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What was anticipated to be a pivotal month for the Paraquat class action, highlighted by the commencement of the first bellwether test trial, has instead ushered in a period of uncertainty. The litigation's trajectory now seemingly hangs in the balance as Judge Rosenstengel deliberates on the resolution of Daubert challenges concerning expert opinion evidence. With all briefs submitted, the involved parties find themselves in a state of expectancy, awaiting her critical decision. Given the intricate and extensive nature of Daubert rulings in such complex cases, and with no new trial date on the horizon, there's a growing possibility that a conclusive ruling might not materialize until 2024.
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Currently, among 4 Bellwether cases, the first trial will be held in October 2023.
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Both the Defendants and Plaintiffs of the case are submitting documents of Daubert motions. It refers to a stage in legal proceedings where one party challenges the credibility or validity of an expert witness.
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Both parties are trying their hardest to strike each other's expert witness so they won't testify.
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However, at this point, defendants have a chance to claim Dismiss the Motions. Defendants can file a request that some Plaintiffs claim to dismiss entirely.
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Court has already set the date of hearing for this trial on the 21st of August, 2023.
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The Court has appointed an Executive Committee official for Plaintiffs, Chad Finely, who is working hard with other counsel of plaintiffs on these responses and motions.
