Paraquat Parkinson's Class Action Lawsuit Update September 2024

Recent updates in the Paraquat MDL reveal a mix of new developments and ongoing challenges. On July 25, 2024, three new lawsuits were filed, including one by a Pennsylvania farmer who claims his Parkinson's disease resulted from 20 years of Paraquat exposure. Additionally, 74 Paragard lawsuits were dismissed on July 23, possibly signaling an approaching global settlement for Paragard claims. The Paraquat MDL has seen a surge in cases, with a notable 45% increase in Philadelphia filings and a slight rise in overall active cases. However, some lawsuits are at risk of dismissal due to overdue Plaintiff Assessment Questionnaires, highlighting the ongoing complexities in these legal battles.

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September 3, 2024:

• Court Rejects Dismissals in Paraquat MDL: The MDL judge overturned the Special Master's recommendation to dismiss six Paraquat cases for non-compliance with Case Management Order No. 10. While these cases initially missed the deadline for submitting Plaintiff Assessment Questionnaires (PAQs), plaintiffs later provided the required documents, citing unforeseen circumstances such as staff reductions. The court also acknowledged that one case was mistakenly recommended for dismissal despite meeting the deadline.

August 26, 2024:

• The Paraquat Plaintiffs’ Committee Status Update: The Paraquat Plaintiffs’ Committee provided an update on the various ongoing legal proceedings related to Paraquat exposure. In the federal MDL, following the dismissal of previous cases, the court has selected 10 new plaintiffs for bellwether trials, and case-specific discovery is underway. Meanwhile, in the Pennsylvania state court MDL, the first group of 10 bellwether cases is moving forward with a discovery deadline of September 4, 2024, and a tentative trial date set for April 2025. Work continues on both the first and second groups of bellwether cases in Pennsylvania. Additionally, in Delaware state court, the Defendants' Motion to Dismiss was partially granted, and plaintiffs are currently revising their pleadings to comply with the court's order before proceeding with written discovery.

August 8, 2024:

• New Bellwether Cases Selected in Paraquat MDL: After a setback in April when the initial bellwether cases were dismissed, the Paraquat MDL judge selected 10 new cases to serve as bellwether test cases. The parties will now focus on conducting case-specific fact discovery in preparation for potential jury trials. Although a global settlement is anticipated before any trials occur, this selection helps advance the litigation and puts pressure on the defendants to reach a resolution.

August 6, 2024:

• Washington Man Sues Syngenta and Chevron Over Paraquat Exposure: A new Paraquat lawsuit is filed in Washington by a man alleging that his prolonged exposure to the herbicide, during his employment at a fish hatchery from 1966 to 1975, caused him to develop Parkinson's disease. The lawsuit claims that Paraquat was used near his workplace and that its toxicity led to cell damage and the death of dopamine-producing neurons, contributing to his Parkinson's diagnosis.

August 1, 2024:

• Paraquat MDL Cases Decrease Slightly: The Paraquat Products MDL-3044 experiences a minor decrease in active cases, dropping from 5,770 in July to 5,757 in August 2024.

July 30, 2024:

• Texas Judge Upholds Sovereign Immunity in Paraquat Case: A federal judge in Texas quashes a subpoena seeking third-party discovery from Texas state agencies, including the Texas Department of Agriculture, in a Paraquat lawsuit. The judge ruled that the state agencies are protected by sovereign immunity, which prevents such discovery from state entities and officials.

July 25, 2024:

• Three New Paraquat Lawsuits Filed: Three new lawsuits were filed in the Paraquat MDL, including one by a Pennsylvania farmer alleging that his 20-year exposure to Paraquat led to the development of Parkinson's disease. The lawsuit seeks compensatory and punitive damages for the plaintiff's injuries, medical expenses, pain, and suffering.

July 23, 2024:

• 74 Paragard Lawsuits Dismissed: In the Paragard MDL, 74 lawsuits have been dismissed in the past week. This development has sparked speculation that a global Paragard settlement may be nearing, as the dismissal of non-viable claims often precedes settlement negotiations.

July 11, 2024:

• First Paraquat Case Trial Announced: Philadelphia has seen a 45% increase in Paraquat cases being filed in the MDL in the past 6 months and now the first Paraquat case set for trial is April 2025 in Philadelphia in state court.

July 1, 2024:

• Minor Increase in Paraquat MDL Cases: The Paraquat MDL in Illinois experienced a slight increase in active cases in June, rising from 5,680 to 5,770.

June 26, 2024:

• 8 Cases Face Dismissal Due to Overdue PAQs: The Special Master recommended dismissing eight complaints due to overdue Plaintiff Assessment Questionnaires (PAQs). Four plaintiffs filed an objection, citing staffing changes and diligent efforts to gather required information as reasons for the delay. Another plaintiff objected due to a recent change in lawyers and requested additional time to submit a PAQ.

June 13, 2024:

• Paraquat Lawsuits in Philadelphia Surge: The number of cases in Philadelphia's mass tort litigation concerning paraquat has increased by nearly 50% in the past six months, rising from around 500 at the beginning of 2024 to 728.

June 10, 2024:

• New Paraquat Lawsuit Filed: A Wisconsin farmer has filed a lawsuit claiming his Parkinson's disease diagnosis is linked to Paraquat exposure while spraying crops between 1990 and 1995. This case highlights the long latency period between exposure and disease onset, which can span decades.

June 6, 2024:

• 137 Cases May Face Dismissal: Special Master Randi S. Ellis has recommended dismissing 137 Paraquat lawsuits due to plaintiffs' failure to submit required Plaintiff Assessment Questionnaires within the mandated timeframe.

June 3, 2024:

• 90 New Cases Added to MDL: The number of pending cases in the Paraquat multidistrict litigation (MDL) has grown to 5,680, indicating the continued influx of lawsuits related to the herbicide and its alleged link to Parkinson's disease.

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What's Paraquat, anyway?

You might not have heard of Paraquat before, but it's been a go-to tool for folks in overalls looking to keep the weeds away from their crops. The problem? This strong weed killer might be linked to Parkinson's disease. That's right – the same stuff that makes the weeds go bye-bye could also be causing some serious health issues.

When you get down to brass tacks, Paraquat is pretty nasty stuff. If it gets on your skin, in your belly, or in your lungs, it can make you really sick, really fast. We're talking about some serious issues like your organs giving up, lungs getting scarred, and sometimes, it can even be deadly.

Connecting the dots to Parkinson's disease

Parkinson's isn't just about shaking hands. It's a brain thing where you lose control over your muscles, making it tough to walk or even talk. Studies, like the one from the National Institutes of Health in 2011, found that folks who worked with paraquat were more likely to get Parkinson's. And not just by a little – by 2.5 times as much.

So, what have the science sleuths been finding out over the years? Let's start with the 2011 study by the National Institutes of Health. They did this big project called the Farming and Movement Evaluation (FAME) study. What they found was a bit of a shocker – farmworkers who used Paraquat had about a 2.5 times higher chance of developing Parkinson's than those who didn't. That's like flipping a coin and getting tails two and a half times more often than heads – it's a big deal.

But that's not all. Another piece of the puzzle came in 2012. The Parkinson's Institute did a deep dive and discovered that if you have a certain gene variation, Paraquat could make you up to eleven times more likely to get Parkinson's. Yep, eleven times. That's like a small risk turning into a big, flashing neon sign saying, "Danger!"

Breaking down the science

These studies weren't just asking people questions; they were looking inside the human body to see what's up. And what they found is that Paraquat might be doing a number on our cells. It seems to mess with the way our cells handle oxygen, which can lead to some pretty nasty damage – the kind that's similar to the damage in the brains of folks with Parkinson's.

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Wait, isn’t Paraquat banned?

Even with all the worry about Paraquat, it's still being used in the U.S. But, it's not like you can just pick it up at the store. Only those with special training can use it because of how dangerous it is. That said, there's a big push to get rid of it completely, just like over 30 other countries have done.

If Paraquat's affected you...

If you're sitting there thinking, "Hey, I've been around that stuff," and you're dealing with Parkinson's, you might have a case. People are taking the companies that make Paraquat to court to get help with medical bills, make up for lost work time, and cover other needs.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.