Important Updates Concerning the Paraquat Litigation – 4/19/2024
Please be advised on recent developments in the Paraquat litigation. The Miller Firm has been working hard to develop the facts necessary to prove that defendants should be held liable for the injuries caused by Paraquat. Our firm has reviewed millions of pages of documents produced by defendants, taken the depositions of key witnesses, and retained experts that are leaders in their respective fields. All this work is necessary to receive a favorable outcome in this case.
The Miller Firm was appointed as Co-Lead Counsel for the Paraquat litigation pending in Philadelphia, Pennsylvania. We have recently secured a trial date in April 2025 in Philadelphia, Pennsylvania for an individual that developed Parkinson’s Disease after exposure to Paraquat. Although this initial trial will be for a single plaintiff, the work that is done getting this case prepared for trial will be crucial for all cases moving forward.
Developments in the Federal MDL
In April 2024, the federal court issued an order dismissing the claims of four plaintiffs that were previously scheduled for trial. The Court dismissed those plaintiffs’ claims after finding that one of their experts could not offer an opinion that Paraquat causes Parkinson’s Disease due to a critical error in his methodology. In other words, the process that the expert used to reach his opinions was faulty. The Decision can be found here
Importantly, the decision does not dismiss cases beyond the four cases that were scheduled for trial. Therefore, the Court’s decision does not affect your individual case.
The Miller Firm was not involved in the cases that were dismissed and is not working with the expert that was excluded by the Court. In fact, we recognized some of the flaws in the expert’s methodology and actually filed a motion with the Court explaining that the Miller Firm had its own experts who were using different methodologies and that we were not relying on the work product of the attorneys that represented the initial four plaintiffs (who were ultimately dismissed). Our brief can be viewed HERE (Password provided in client update letter). PLEASE NOTE THAT THIS BRIEF WAS FILED UNDER SEAL (CONFIDENTIALLY) AND CANNOT BE SHARED OR DISTRIBUTED WITH ANYONE ELSE.
The Federal Court is allowing additional cases to move forward signaling the Court’s intention that its decision is limited to the one single expert and the four trial cases relying on that expert. All other cases pending in the federal court will have the opportunity to name different experts.
Litigation Moving Forward
The litigation in the federal MDL Court will now be slowed due to the recent court order. Plaintiffs’ leadership in the MDL (which doesn’t include the Miller Firm) also represents the first trial plaintiffs in the California state court litigation and relied on the same experts in those cases. Although the rules governing experts is different in California, we fully expect that the California court will follow the same path and dismiss the trial cases based on the same expert’s methodology in reaching his conclusions. This will also result in a delay in the California proceedings.
The Miller Firm is in a unique position in that we are one of the few firms in the entire country that retained completely different, well-qualified experts who have already testified regarding their opinions. We remain confident that the science supporting your claims is extremely strong and our experts arrived at their opinions with a sound methodology that would be accepted by the federal court and all state courts throughout the country.
We will continue to push this litigation forward as quickly as possible. We recognize that you are not getting younger and we’ll do everything in our power to successfully resolve your case.
Paraquat Update 4-10-24
The Paraquat litigation is continuing. Over 5000 cases have been filed nationwide. Cases are continuing to progress in Pennsylvania, California, and Illinois. No trials have occurred so far. We are working hard to reach resolutions by pressuring Defendants but no settlements are being offered at this time.
In Philadelphia, where we are part of the leadership team, we are preparing for trials starting in April 2025. In the Illinois federal litigation, we are still awaiting Court rulings on the Plaintiffs’ expert witnesses. This has been pending since August of 2023. Also, the Illinois court vacated a trial setting and has yet to announce a new one. In the meantime, the Illinois court has entered various orders attempting to verify the validity of filed claims including requirements for the issuance of 3rd party subpoenas among other orders. The California court has currently not set a trial date.
We remain committed to fighting for justice and we are trying to move things forward as quickly as possible. We understand that you are not getting younger. We believe the upcoming Philadelphia trials will be beneficial to moving the litigation forward for all our clients. If we receive major news such as the Illinois court decision on experts, we will notify you as soon as possible.
Do I have a case?
We are evaluating cases for clients that have a confirmed diagnosis of Parkinson’s Disease and had prior exposure to Paraquat. If this is you, we encourage you to call us as soon as possible at 1-800-882-2525.
What is Paraquat?
Paraquat (also known as “Gramoxone,”) is one of the most popular herbicides in the United States. It is commonly used in farming a variety of crops, including cotton, peanuts, potatoes, soybeans, sugarcane, and vegetables, among others. Dating back to the 1970s due to its high toxicity, Paraquat has only been available to trained certified applicators and is not approved for residential use. Common brand names containing Paraquat include Paraquat Concentrate®, Gramoxone®, Blanco®, Cyclone SL 2.0®, Firestorm®, Helmquat 3SL®, Bonedry®, Devour®, and Para-Shot 3.0®.
Does Paraquat Cause Parkinson’s Disease?
Exposure to paraquat can cause many health problems, including Parkinson’s disease. Research has revealed that farm workers exposed to paraquat have a statistically significant increased risk to develop Parkinson’s disease. This has caused organizations such as the Michael J. Fox Foundation to work with Congress in calling for Paraquat’s ban in the United States.
While the US has yet to ban paraquat, many countries have banned it outright. Over 40 countries have committed to phasing out Paraquat.
What is the timeframe to call about this?
Cases such as this take years and we do not have a definitive timeframe as to when you may get compensation. However, the legal system also requires that you bring a potential lawsuit within a certain period of time based on when you realize that you may possibly have a lawsuit. Thus, it is essential that you act immediately to preserve your claim.
Why should I call the Miller Firm?
The Miller Firm has years of experience in product liability lawsuits such as this. In particular, 3 of the 4 clients that went to trial in Monsanto Roundup herbicide cases were clients of the Miller Firm. The Miller Firm handles these cases as individual actions and not class actions.