Oklahoma Paraquat Lawsuit

What Is Paraquat?

Paraquat is a type of herbicide that has been used commercially since the early 1960s. It is poisonous to humans and highly toxic. Because of this, The United States has restricted usage of Paraquat and only allows it to be used by licensed applicators.

According to a report released by the EPA (Environmental Protection Agency) in 1997, most people that are harmed by Paraquat are exposed to it during the mixing, loading, and application process. (1) People may also be exposed to Paraquat if they live near farms where this plant killer is commonly used.

People do not necessarily need to come into direct contact with Paraquat in order to experience injuries or side effects. A report from the American Journal of Epidemiology found that people can be harmed by Paraquat if they are within 1,600 feet of a home where it is used. (2) Because of these dangers, Paraquat is being phased out in many countries, including China, Brazil, and the European Union.

What Side Effects and Injuries Does Paraquat Cause?

If someone is exposed to Paraquat, they may experience immediate side effects.

Intense side effects are especially likely if the individual has ingested this substance.

These short-term side effects may include:

* Confusion
* Elevated heart rate
* Tremors
* Muscle weakness
* Difficulty breathing
* Vomiting
* Abdominal pain
* Dangerously low blood pressure

Paraquat ingestion can be fatal, which is why anyone experiencing these symptoms should seek medical attention right away.

In addition to these short-term side effects, Paraquat exposure can lead to serious long-term health problems. Even minor Paraquat exposure can increase your chances of developing Parkinson’s disease by as much as 75%. (3) Paraquat can exposure can lead to inhibition of mitochondrial complexes, which can cause oxidative stress.

Paraquat has also been linked to birth defects. Prenatal exposure to Paraquat and other herbicides can increase the risk of holoprosencephaly, which can keep the forebrain from properly developing. Some reports have also found that exposure to pesticides can increase the risk of autism. (4)

Cancer is more common among people that have been exposed to Paraquat. It has been linked to many types of cancer, including leukemia and melanoma. (5) Although Paraquat is not currently classified as a human carcinogen, experts have recommended that these cancer risks be studied further.

What Do We Know About the Lawsuits Regarding Paraquat?

There have been a number of lawsuits filed against the manufacturers of Paraquat, Syngenta and Growmark. These lawsuits state that negligence has been shown during the Paraquat manufacturing process. The lawsuits also claim that the public was not sufficiently warned of the risks associated with Paraquat exposure.

Currently, there is a Paraquat lawsuit on file in St. Clair County, Illinois. The suit represents farmers and other agricultural workers that developed Parkinson’s disease after Paraquat exposure. It was filed on Oct. 6, 2017. The complaint was later amended to include Chevron Chemical as a defendant along with Syngenta and Growmark.

In addition to this class action suit, there have been many lawsuits filed by individuals that were harmed by Paraquat. If you or a loved one experienced adverse side effects due to Paraquat exposure, you should contact Keith Law Group to find out more about your options for an Oklahoma paraquat lawsuit.

How Can Your Lawyers Help?

Many people that have suffered damages due to Parkinson’s exposure aren’t familiar with their rights and options under the law. Scheduling a consultation with the attorneys at Keith Law Group is an excellent way to get the information you need about filing an Oklahoma paraquat lawsuit. After consulting with an attorney, you can decide if you want to take legal action.

The manufacturers of Paraquat have a dedicated legal team, which is why you need expert level representation. Your attorneys can assist you with negotiating with insurance companies, filing your Oklahoma paraquat lawsuit claim, and managing your case.

Working with an experienced personal injury lawyer is also the best way to ensure that you receive the settlement that you are entitled to. Keith Law Group can work to secure you a settlement from both your insurance company and the negligent parties. Your lawyers will also be able to provide you with guidance and support during this challenging time.

What Is The Process of Filing a Mass Tort or Class Action?

Class action lawsuits are designed to provide relief to groups of people that have experienced similar injuries. In many cases, these individuals have suffered small monetary losses, but the defendant’s actions have caused significant damages.

Before filing a mass tort or class action Oklahoma paraquat lawsuit, a lawyer must be consulted. It’s necessary to review the case to determine if a class action lawsuit will be filed. The attorney must look at the number of people that have suffered similar injuries, find out if the lawsuit is within the statute of limitations, and check to see if there is already an existing lawsuit with the same allegations.

If a lawyer investigates a case and finds that a class action Oklahoma paraquat lawsuit can be filed, the next step will be to draft a complaint. The complaint will describe the details of the case, the relief being sought, and the individuals that will be covered under the lawsuit. After the complaint is filed, a judge will determine if it can proceed.

Once a class action Oklahoma paraquat lawsuit has been resolved, class members covered under the lawsuit will be notified. These individuals will have a window of time during which they can claim a portion of the settlement.

What Type of Damages Can I Receive if the Oklahoma Paraquat Lawsuit Wins?

The damages you can receive as from a Oklahoma paraquat lawsuit fall into three (3) categories:

1. Compensatory Damages

These damages are awarded to plaintiffs as compensation for damages they have suffered as a result of their injury or incurred loss.

Compensatory damages for a Paraquat lawsuit may include medical expenses, loss of wages, loss of future income, and increased living expenses.

To be awarded compensatory damages, the plaintiff must demonstrate the monetary value of the losses they have incurred.

For example, the plaintiff could submit medical bills to show the costs they have had to cover because of their Paraquat injury.

There are two types of compensatory damages, actual and general. Actual damages are designed to replace what was lost because of the injury. General expenses are designed to cover compensatory damages that are not related to a specific expenditure.

2. General Damages

General damages are also designed to cover losses that do not involve monetary expenditures.

This could include future medical expenses, loss of consortium, disfigurement, and pain and suffering.

General damages are typically calculated in one of two (2) ways:

Multiplier Method

The multiplier method multiplies the actual damages by a number that represents the severity of the injury.

Per Diem

Per diem, however, assigns a specific dollar amount to each day the plaintiff has suffered or is likely to suffer and adds those days together.

3. Punitive Damages

Sometimes referred to as “exemplary damages,” these types of damages are designed to punish the defendant and to discourage others from engaging in similar behavior.

These damages are awarded in addition to any compensatory damages the plaintiff receives.

Most personal injury cases do not result in punitive damages.

Is There a Time Limit to Filing My Claim?

The statute of limitations for Oklahoma paraquat lawsuit claims varies from state to state.

The statute of limitations for all fifty (50) states and the District of Columbia can be seen below:

• Alabama: 2 years
• Alaska: 2 years
• Arizona: 2 years
• Arkansas: 3 years
• California: 2 years
• Colorado: 2 years
• Connecticut: 2 years
• Delaware: 2 years
• District of Columbia: 3 years
• Florida: 4 years
• Georgia: 2 years
• Hawaii: 2 years
• Idaho: 2 years
• Illinois: 2 years
• Indiana: 2 years
• Iowa: 2 years
• Kansas: 2 years
• Kentucky: 1 year
• Louisiana: 1 year
• Maine: 6 years
• Maryland: 3 years
• Massachusetts: 3 years
• Michigan: 3 years
• Minnesota: 2 years
• Mississippi: 3 years
• Missouri: 5 years
• Montana: 3 years
• Nebraska: 4 years
• Nevada: 2 years
• New Hampshire: 3 years
• New Jersey: 2 years
• New Mexico: 3 years
• New York: 3 years
• North Carolina: 3 years
• North Dakota: 6 years
• Ohio: 2 years
• Oklahoma: 2 years
• Oregon: 2 years
• Pennsylvania: 2 years
• Rhode Island: 3 years
• South Carolina: 3 years
• South Dakota: 3 years
• Tennessee: 1 year
• Texas: 2 years
• Utah: 4 years
• Vermont: 3 years
• Virginia: 2 years
• Washington: 3 years
• West Virginia: 2 years
• Wisconsin: 3 years
• Wyoming: 4 years

It’s important to note that the time limits on filing a claim do not necessarily begin on the date of the injury.

In many states, the limit starts on the date the injury was discovered. This law applies to Oklahoma Paraquat lawsuits.

If you’re not sure that you’re eligible to file a claim, the best thing you can do is schedule a consultation with a personal injury attorney.

Paraquat exposure can significantly increase your risk for developing Parkinson’s Disease, cancer, and other health conditions.

If you or a loved one has suffered because of exposure to Paraquat, you’re entitled to receive compensation for your injuries.

Contact Keith Law Group at (479) 326-7734 so that we can provide the help with an Oklahoma paraquat lawsuit that you need.

References

• https://ntp.niehs.nih.gov/ntp/ohat/parkinson/parkinsons_protocol_508.pdf
• https://pubmed.ncbi.nlm.nih.gov/19270050/
• https://ehp.niehs.nih.gov/doi/10.1289/ehp.1002839#t1
• https://ajp.psychiatryonline.org/doi/10.1176/appi.ajp.2018.17101129
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3058830/