Paraquat, a very toxic herbicide, has been manufactured since 1962 in the United States. It is very effective in destroying weeds and grasses that have become resistant to glyphosate, another dangerous herbicide mainly sold under the brand name Roundup. Paraquat is currently approved for use on more than 100 different crops, including cotton, peanuts, soybeans, berries, and alfalfa. However, due to the acute toxicity of paraquat, it was deemed a “restricted use pesticide” in 2016 by the Environmental Protection Agency and, thereby, people who intend to use it must undergo the mandatory training provided by the agency, during which they will learn about the toxicity of paraquat, the new label requirements and restrictions, and the consequences of misuse. Paraquat is so toxic that a single sip can quickly kill a person. It is important to make the distinction between paraquat poisoning and paraquat exposure. While the former causes immediate symptoms and is fatal in 70% of cases, the latter is a gradual process that can lead to the development of Parkinson’s disease.
On April 2, 2021, a lawsuit was filed by the plaintiff Russell Denes, a licensed applicator of paraquat who had been exposed to the herbicide for approximately three decades, against Syngenta AG and Chevron U.S.A. Inc. The manufacturers failed to warn paraquat users of the risk of developing Parkinson’s disease as a consequence of frequent exposure, as there is no mention of this brain disorder on the label of their products. According to the lawsuit, it was the defendants’ negligent acts and omissions in the research, testing, design, manufacture, marketing, and sale of paraquat that caused the plaintiff’s injury. It is important to know that Russell Denes, a Jackson County, Missouri resident, had been wearing personal protective equipment during every application of paraquat, which one may think would shield him from exposure to this harmful herbicide. Nevertheless, he was diagnosed with Parkinson’s disease, which raises the question: is personal protective equipment enough when working with paraquat?
The Defendants Had Knowledge of the Neurological Consequences of Exposure to Paraquat
Syngenta AG and Chevron U.S.A. Inc. knew or, in the exercise of reasonable care, should have known that paraquat is a highly toxic herbicide, exposure to which can result in severe neurological injuries and impairment, and they should have taken measures in their research, manufacture, and sale of paraquat to ensure that people would not be harmed by foreseeable uses of the product. Both companies have manufactured, distributed, licensed, marketed, and sold paraquat for use throughout the country since 1964. Defendants are liable to plaintiff under a products liability theory for marketing a defective product, as well as for failing to adequately warn of the risk of severe neurological injury caused by chronic, low-dose exposure to paraquat. Studies have also related long-term pesticide exposure to increased incidence of several types of cancer and neurodegenerative diseases such as Parkinson’s and Alzheimer’s disease. There’s a spurt seen in the number of Paraquat Parkinson’s lawsuits against the manufacturer, Syngenta. Farmers were unaware of the serious health risks connected with the herbicide Paraquat and are seeking justice and coverage for their injuries. If you or your loved one was endangered to Paraquat and suffered from Parkinson’s disease or similar symptoms, you have the right to file a lawsuit against it and seek help from the Paraquat Parkinson’s lawyer.
The defendants are also liable to Russell Denes under a product liability theory based on their failure to adequately warn of the risks of paraquat exposure. Plaintiff Russell Denes worked in the agricultural business, initially working for a certified herbicide applicator and subsequently working as a certified herbicide applicator himself, having been exposed to paraquat from the late 1970s to 2013. Defendants’ acts and omissions were a legal, proximate and substantial factor in causing Russell Denes to experience severe and permanent physical injuries, pain, mental anguish, and disability, and will continue to do so for the rest of his life.
How Paraquat Exposure Resulted In Plaintiff Russell Denes Diagnosis Of Parkinson’s Disease
Despite wearing personal protective equipment, Russell Denes was exposed to paraquat as a result of spray drifts and as a consequence of contact with sprayed plants. When he would remove the personal protective equipment, he would inevitably breathe in vapors of paraquat that were carried by the wind nearby his house, which eventually reached his brain, slowly causing damage to the substantia nigra, the portion of the brain that is always affected in people with Parkinson’s disease. In fact, one of the primary hallmarks of Parkinson’s disease is the selective degeneration and death of dopaminergic neurons in the substantia nigra. Dopamine is a neurotransmitter that is essential in the brain’s control of motor function, which is severely altered in Parkinson’s disease. Paraquat entered the plaintiff’s body through the following routes:
- absorption or penetration of the skin, mucous membranes, and other epithelial tissues
- through the olfactory bulb
- through respiration into the lungs
- through ingestion into the digestive tract of small droplets swallowed after entering the mouth, nose, or conducting airways
Therefore, it was reasonably foreseeable that paraquat that entered the human body could induce the misfolding of the alpha synuclein protein and, consequently, the plaintiff wearing personal protective equipment was not sufficient in shielding him from exposure to the dangerous herbicide. Paraquat is highly toxic to both plants and animals, creating oxidative stress that causes or contributes to the degeneration and death of plant or animal cells. Medical researchers who study Parkinson’s disease agree that oxidative stress is a major factor in the degeneration and death of the neurons that release dopamine, as well as in the accumulation of Lewy bodies in the remaining dopaminergic neurons, both of which being the primary hallmarks of Parkinson’s disease. The ability of certain chemicals to cause Parkinson’s disease has been known to medical researchers since at least the 1930s.
What the Defendant Is Eligible for from the Liable Companies
Russell Denes received his diagnosis of Parkinson’s disease in August 2016 and, at the time, was not aware that the cause of his brain disorder was paraquat exposure. Even though the plaintiff knew that the paraquat to which he was exposed was acutely toxic, he had no reason to suspect that chronic, low-dose exposure to it could cause neurological disorders such as Parkinson’s disease. Furthermore, he was not told by medical professionals, by the media, or by the liable companies that chronic, low-dose exposure to paraquat could cause him to suffer from Parkinson’s disease. The plaintiff requests the court to enter judgment in his favor and against the defendants for the following:
- actual or compensatory damages in such amount to be determined at trial and as provided by applicable law
- exemplary and punitive damages sufficient to punish and deter the Defendants and others from future fraudulent practices
- pre-judgment and post-judgment interest
- costs including reasonable attorneys’ fees, court costs, and other litigation expenses
- any other relief the court may deem just and proper
From 2013 to 2017, the rate of Parkinson’s disease diagnosis increased by 107%, which is very alarming and may have a connection with the emerging use of paraquat across the United States. The use of paraquat has more than doubled from 2011 to 2017. Accordingly, it went from 3 million kilograms being used to 7 million kilograms being employed throughout the country. California is currently the leading consumer of paraquat, with 10,262,736 kilograms of the herbicide being applied to crops every year. Although the Environmental Protection Agency proposed a series of new safety measures with regard to paraquat use, such as forbidding aerial application for all uses except cotton desiccation and adding mandatory spray drift management label language on October 22, 2020, nothing came of it until now. If the employment of paraquat continues at this rate, we may come to witness more and more cases of Parkinson’s disease in the near future.
About the Author:
As the Director of Claims and Chief Financial Officer at Environmental Litigation Group, P.C., Jonathan Sharp is responsible for case evaluation, management of firm assets, and financial analysis, as well as for managing client relations and the collection and proper distribution of all the funds.
Environmental Litigation Group, P.C. is a law firm whose main area of practice is toxic exposure that is located in Birmingham, Alabama. Jonathan Sharp has been a part of the legal team of the firm for nearly 28 years.
