Paraquat linked to increased rates of Parkinson’s disease
Paraquat dichloride (a.k.a. “paraquat”) is the most common brand of herbicide in the United States. Also referred to as Gramoxone, Paraquat is a chemical pesticide used to kill leaves that it comes into contact with. Applied as a spray, it has been used to clear fields before planting in United States commercial farming and agriculture since the 1960s. Applicators typically spray it on commercial crops such as corn, soy and cotton.
Paraquat is extremely toxic and harmful to humans. Ingesting as little as one sip of paraquat can kill you. Manufacturers mix paraquat with blue dye so that it is not confused with a food product. The U.S. Environmental Protection Agency (“EPA”) classifies paraquat as a restricted use pesticide, meaning only certified pesticide applicators can use it. To be a certified pesticide applicator, a person must take an EPA-approved training and examination, and continue to be regulated by the state where they acquire and apply paraquat. Once certified, the individual becomes a “commercially licensed applicator.” Unfortunately, commercially licensed applicators of paraquat are “the most at risk for exposure.”[1]
Exposure can incur by ingestion, inhalation, and skin exposure. Safety measures exist to prevent accidental ingestion, direct inhalation, and/or exposure while mixing and applying. Unfortunately, the commercially licensed applicators and those who work with them (including groundskeepers, farmers, growers, pickers, and other agricultural workers), are exposed to paraquat residue on their clothes, skin, and hair. They are also exposed to mist drift when the wind changes while they are applying the pesticide.
Multiple scientific studies have linked repeated exposure to paraquat in low doses to the development of Parkinson’s disease. Parkinson’s disease effects the human neurological system. Individuals diagnosed with Parkinson’s disease often experience reduced control over their fine motor skills. As a result, tremors, loss of balance and coordination, slower movement, and rigid limbs are all associated with this devastating disease. Unlike other neurodegenerative diseases, the genetic cause of Parkinson’s is not completely clear and thought to be low. However, the link between Parkinson’s and exposure to pesticides such as Paraquat has been demonstrated through numerous scientific studies. “People who used [paraquat] developed Parkinson’s disease approximately 2.5 times more often than non-users.”[2]
Commercially licensed applicators and other agricultural workers exposed to smaller amounts of the chemical over a long period may not manifest symptoms for years. Many commercially licensed applicators and other agricultural workers who have been exposed to Paraquat and later developed Parkinson’s disease are filing lawsuits against the manufacturers. If you or a loved one was exposed to paraquat and developed Parkinson’s disease, you should seek legal advice on your rights.
Believe you were affected? Contact our Paraquat attorneys.
[1] https://emergency.cdc.gov/agent/paraquat/basics/facts.asp
[2] Robin Arnette, NIH study finds two pesticides associated with Parkinson’s disease., National Institute of Health, February 11, 2021
How Does Product Liability Work in Ohio?
How Does Product Liability Work in Ohio?
Injuries and accidents happen all the time. Injuries caused by a defective product may qualify you for a product liability lawsuit.
The Consumer Product Safety Commission (CPSC) organizes its accident, injury and fatality statistics into the following categories.
As extensive as that list is, it omits cars, trucks, automotive equipment, and a whole range of other items and devices that people regularly use in their homes and at work.
The categories of consumer products that are monitored for the harms they cause exist, first, to identify dangerous and defective items. That information is then used to either make products safer or to remove them from the market.
Second, the CPSC’s list reflects the bedrock legal principle that companies and individuals who make and sell products have enforceable duties to ensure their products will not injure or kill people. Breaching those duties creates product liability.
How Does Ohio Define Product Liability?
Section 2307.71 of the Ohio Revised Code (O.R.C.) states that manufacturers or suppliers face product liability when one of the items they make or sell causes a death or injury because the item
This section of the O.R.C. also defines a manufacturer as “a person [or company] engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product.” Under the law, a supplier is either “a person [or company] that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” or “a person [or company] that, in the course of a business conducted for the purpose, installs, repairs, or maintains any aspect of a product.”
Grounds for filing a product liability lawsuit exist when the use of a defective or dangerous product directly causes death, physical injury or emotional distress to a person. The use can be one time for over an extended period. Property damage from a defective or dangerous product can also merit a lawsuit.
How Long Do I Have to File a Product Liability Claim in Ohio?
Generally, section 2305.01 of the O.R.C. sets the statute of limitations for a product liability claim at two years from the date on which a personal injury or wrongful death occurred. The law further specifies that injuries or deaths that happen more than 10 years after a product was purchased will not support claims for compensation.
A major exception to the statute of limitation involves injuries or death due to an exposure or ingestion of medications or hazardous and toxic chemicals, or the implantation or use of a medical device. In those situations, the deadline for filing a product liability lawsuit extends from the date on which a diagnosis of the harm was made.
What Types of Damages Can Be Claimed in a Product Liability Lawsuit?
Ohio’s product liability laws allow victims to demand compensatory and punitive damages. Compensatory damages are monetary settlements or jury awards that cover the costs of the victim’s past and future medical treatments, replace lost wages and future earnings, and compensate the victim for physical and emotional pain and suffering.
Punitive damages are noncriminal fines assessed to penalize a negligent or reckless manufacturer or supplier. These are also called exemplary damages because the financial penalty is meant to serve as an example of what could happen to another person or company that acts in a similarly negligent or reckless way. Only a jury can award punitive damages, but a product liability claim can be settled without going to trial.
On a final note, when a dangerous or defective product kills a user, Ohio law permits the victim’s spouse, adult child, next of kin, relative, or legal executor to file a wrongful death claim on the deceased victim’s behalf.