The Dacthal Lawsuit is an ACTIVE Lawsuit
The Dacthal (DCPA) lawsuits are emerging as a significant legal issue due to the Environmental Protection Agency's (EPA) recent Emergency Order suspending all registrations of pesticide products containing DCPA.
This action stems from concerns about the herbicide's potential to cause serious health risks, particularly thyroid hormone disruptions in fetuses, which could lead to lifelong developmental issues.
The manufacturer, AMVAC Chemical Corporation, has faced scrutiny for the potential dangers associated with DCPA, prompting legal actions from individuals affected by its use.
This page provides a comprehensive overview of the Dacthal lawsuits, including the health risks, the legal basis for claims, and guidance for those considering filing a lawsuit. Contact our DCPA Lawsuit Lawyers to learn how you can get compensated today.
Don't wait any longer, call 866-535-9515 or submit your case for review today!
Dacthal Lawsuit Updates
As of August 2024, the legal landscape surrounding Dacthal is rapidly evolving. The EPA’s emergency suspension of Dacthal products marks a pivotal moment, reflecting the agency's serious concerns about the herbicide's safety.
This action follows years of scientific investigation and regulatory scrutiny, culminating in a decision prioritizing public health over agricultural benefits. We will update this page with the latest developments, including new lawsuits, settlements, and regulatory actions.
Background on Dacthal (DCPA) and Its Uses
What is Dacthal (DCPA)?
Dacthal, known as dimethyl tetrachloroterephthalate (DCPA), is a benzoic acid pre-emergent herbicide used primarily in agriculture to control annual grasses and broadleaf weeds on ornamental turf and plants.
It has been widely applied to crops such as Brassica vegetables (e.g., broccoli, cabbage, cauliflower), Alliums (e.g., onions, garlic), cucurbits, root vegetables, field beans, and strawberries.
Additionally, DCPA has been used in non-residential grass and turf management, including golf courses and athletic fields. The herbicide inhibits cell division in plants' root tips, preventing weed growth.
Its formulations include a liquid that mixes with water, a thick liquid concentrate, granules, a water-soluble liquid, and a powder that can be mixed with water. It was first registered as a pesticide in the US in 1958.
What Are the Health Risks Associated with Dacthal Exposure?
DCPA has been classified as a Group C, a possible human carcinogen, due to an increased occurrence of thyroid tumors.
Thyroid Hormone Disruptions in Fetuses
The most pressing health concern related to Dacthal exposure is the risk of thyroid hormone disruptions in fetuses.
According to the EPA's Comparative Thyroid Assay (CTA), even low levels of DCPA can cause significant thyroid hormone perturbations in fetal rats, which may lead to low birth weight, impaired brain development, decreased IQ, motor skills issues, and other lifelong developmental problems in humans.
The risk is particularly acute for pregnant individuals who might be unknowingly exposed to DCPA during its application or through residues left on treated crops.
Occupational and Bystander Exposure Risks
The EPA's May 2023 Occupational and Residential Exposure (ORE) Assessment revealed that workers handling DCPA and individuals in proximity to treated areas face significant risks.
These risks persist even with personal protective equipment (PPE) and may extend for 30 days after the herbicide's application.
Bystanders, particularly pregnant individuals, can be exposed to harmful levels of DCPA through spray drift, with risks up to 300 feet from the field edge.
What is the Legal Basis for Dacthal Lawsuits?
Negligence and Failure to Warn
Plaintiffs in Dacthal lawsuits may claim that AMVAC was negligent in failing to adequately test DCPA's safety and warn users about its potential risks.
Despite being aware of the dangers, AMVAC continued to market and distribute DCPA without providing sufficient warnings to protect consumers and workers from exposure.
Defective Product
Dacthal could be considered a defective product due to its potential to cause serious harm, particularly to unborn children. The lawsuits may argue that the herbicide's design and chemical composition are inherently dangerous, making it unfit for its intended use.
Strict Liability
Under strict liability, AMVAC could be held accountable for the damages caused by Dacthal without the need for plaintiffs to prove negligence. The focus would be that Dacthal's hazardous properties, as confirmed by the EPA, directly caused harm to individuals exposed to the herbicide.
Breach of Warranty
Some lawsuits may also include claims of breach of warranty, arguing that AMVAC misrepresented Dacthal's safety and effectiveness. Consumers relied on these warranties, only to suffer severe health consequences due to DCPA exposure.
How to File a Dacthal (DCPA) Lawsuit
Eligibility Criteria
Individuals who have been diagnosed with thyroid disorders, developmental issues in their children, or other health conditions linked to Dacthal exposure may be eligible to file a lawsuit. Eligibility typically depends on the extent and duration of exposure, particularly during pregnancy.
Timeframe and Statute of Limitations
The timeframe for filing a Dacthal lawsuit varies by state, with statutes of limitations generally ranging from one to three years after diagnosis or discovery of the link between the health condition and Dacthal exposure. Acting promptly to preserve your right to file a claim is crucial.
How an Attorney Can Help You with a Dacthal Lawsuit
Having an experienced attorney is critical when pursuing a chemical exposure lawsuit and seeking compensation against the manufacturers of Dacthal.
Legal representation ensures that your rights are protected and increases the likelihood of a favorable outcome. A dedicated legal team will handle all aspects of your case, from gathering evidence to negotiating settlements or presenting the case at trial.
Don't wait any longer, call 866-535-9515 or submit your case for review today!
What Are Some Examples of Compensation for a Dacthal Lawsuit?
Medical Expenses
Plaintiffs may seek compensation for medical expenses related to diagnosing and treating health conditions caused by Dacthal exposure, including costs for surgeries, medications, and long-term care.
- Lost Wages and Income. Compensation can also cover lost wages due to illness the inability to work, and loss of earning capacity.
- Pain and Suffering. Non-economic damages for pain and suffering address the physical and emotional impact of the health condition on the plaintiff's life.
- Punitive Damages. In some cases, punitive damages may be awarded to penalize AMVAC for particularly egregious conduct in marketing and distributing Dacthal.
Challenges in Dacthal Litigation
Dacthal litigation presents complex legal and procedural challenges, including establishing a clear link between DCPA exposure and the plaintiff's health condition.
Defendants may argue that other factors caused the health issues or that the EPA’s findings do not conclusively prove that Dacthal is harmful.
In an email dated February 21, 2024, AMVAC stated that while it agrees with several key points made by the EPA, it wants the EPA to clarify some of its statements. Furthermore, AMVAC wishes to continue to market its pesticide.
Even as AMVAC Chemical Corporation has tried to address these concerns, the EPA has decided that no practical safety measures can prevent DCPA from being a serious hazard.
Effective legal representation and thorough preparation are essential to overcoming these challenges and securing a successful outcome.
Get Help for Your Dacthal Claim
If you or a loved one has suffered health issues that may be linked to Dacthal exposure, it is essential to seek legal advice.
Starting a product liability case against a big chemical manufacturer requires experience, and a skilled attorney can help protect your rights. Contact us here for more information and to find out if you qualify for a Dacthal lawsuit.
Our dedicated team is here to help you navigate the legal process and connect you with experienced attorneys who can assist with your claim.
Frequently Asked Questions about DCPA Lawsuits
What is the basis for the Dacthal lawsuits?
The pesticide lawsuits are primarily based on claims that exposure to Dacthal residue causes serious health risks, notably thyroid hormone disruptions in fetuses.
Who can file a Dacthal lawsuit?
Individuals exposed to Dacthal who have suffered health issues, particularly those linked to thyroid hormone disruptions, may be eligible to file a lawsuit.
Where was DCPA used?
Dacthal was used in the following states: Arizona, California, Colorado, Wisconsin, Michigan, Ohio, Oregon, Texas, and Washington.
What kind of compensation can plaintiffs expect?
Plaintiffs may receive compensation for past and future medical expenses, past and future lost income, past and future pain and suffering, and, in some cases, punitive damages.
Why Should I File a Dacthal Lawsuit?
Filing a lawsuit can help you recover compensation for your damages and hold AMVAC accountable for their actions.
Dacthal Lawsuit Glossary of Legal Terms
Plaintiff
The person or group who files a pesticide lawsuit against another party is known as the defendant. In DCPA lawsuits, plaintiffs are individuals or groups who claim they have experienced health problems due to exposure to DCPA.
Settlement
An agreement reached between parties to resolve a lawsuit without going to trial. Many DCPA lawsuits may end in settlements, often involving significant compensation, to avoid the unpredictability of a court verdict.
Imminent Hazard
A situation where the continued use of a product poses an immediate threat to human health or the environment, requiring urgent action.
Occupational Exposure
Exposure to a hazardous substance occurs in a workplace setting, often due to job duties.
Strict Liability
A legal principle that holds manufacturers accountable for defective products regardless of fault or negligence.
Comparative Thyroid Assay (CTA)
A study was conducted to evaluate the impact of a substance on thyroid hormone levels and thyroid function, particularly in developing fetuses.
Contact a DCPA Lawsuit Lawyer About Your Dacthal Exposure Case Today
If you or a loved one has suffered health issues due to DCPA exposure, it’s important to contact an experienced DCPA lawyer as soon as possible.
Working with a knowledgeable attorney at Lawsuit Legal News will help you gather the necessary evidence to build a strong case and pursue compensation for the harm caused by DCPA. Contact our skilled DCPA lawyers for a free case review today.
Our legal team is ready and committed to helping you file a lawsuit and seek justice for the damages you’ve suffered from exposure to this harmful herbicide. We are actively pursuing claims against all responsible parties, including major corporations involved in the production and distribution of DCPA.