Dacthal Lawsuit for DCPA Exposure During Pregnancy

If you were exposed to the herbicide dimethyl tetrachloroterephthalate (DCPA), commonly known as Dacthal, during pregnancy, and your child has suffered health issues as a result, you may be entitled to compensation. The harmful effects of DCPA on pregnant women and their unborn children have become increasingly evident, leading to significant legal actions and regulatory scrutiny.

Our law firm is currently accepting new Dacthal lawsuits for families impacted by DCPA exposure. We are committed to helping you seek justice and navigate the complexities of pesticide litigation. The legal process can be daunting, but with the right support, you can fight for the compensation and justice you deserve.

If you believe you may have a viable Dacthal lawsuit, call us today at 800-553-8082 or contact us online.

Dacthal and Its History

Dacthal, scientifically known as dimethyl tetrachloroterephthalate (DCPA), has a history that stretches back over six decades. It was first registered for use in the United States in 1958, developed primarily as a pre-emergent herbicide designed to control weed growth by inhibiting the germination of weed seeds. The introduction of Dacthal was seen as a major advancement in agricultural practices, providing farmers with an effective tool to manage weeds without affecting their crops.

In its early years, Dacthal was widely used in both agricultural and non-agricultural settings. Farmers and landscapers applied it to a variety of crops, including strawberries, peaches, broccoli, and cauliflower, as well as to turf grasses in lawns and golf courses. Its ability to prevent weed seeds from germinating made it popular among those looking to maintain pristine and productive fields and lawns.

However, as the use of Dacthal expanded, so did concerns about its safety and environmental impact. By the 1980s, research began to indicate that Dacthal could persist in the environment and had the potential to contaminate groundwater. Its breakdown products, particularly tetrachloroterephthalic acid, were found in various environmental samples, raising alarms about the long-term effects of its widespread use.

These environmental concerns led to increased scrutiny from regulatory agencies. The United States Environmental Protection Agency (EPA) began re-evaluating the safety of Dacthal, particularly its potential as a carcinogen and its impact on non-target species and water sources. By the mid-1990s, the use of Dacthal was restricted in several states, especially those with sensitive ecosystems where the risk of groundwater contamination was high.

Recent Developments and EPA Actions on Dacthal

In April 2024, the EPA issued a warning to farmworkers about the potential dangers of Dacthal, as it prepared to take additional measures to mitigate these risks. This warning marked the beginning of a series of regulatory actions aimed at curbing the use of DCPA due to its harmful effects.

The EPA highlighted significant health dangers for pregnant women and their unborn children who come into contact with Dacthal. This herbicide is used to manage weed growth in both farming and non-farming environments, and its widespread application has made it a common source of exposure for many individuals.

Additionally, the EPA sent a formal notification to AMVAC, the only producer of Dacthal, outlining the identified risks and the agency’s intent to take further regulatory action. This notification was a clear indication that the EPA was taking the potential dangers of DCPA seriously and was prepared to take decisive action to protect public health.

Ban on All Use of Dacthal in August 2024

Finally, the EPA had seen enough. On August 6, 2024, the EPA issued an emergency suspension of all uses of DCPA. This drastic action, the first of its kind in decades, reflects the growing concerns about the safety of this herbicide, particularly regarding its impact on pregnant women and their unborn children.

This decision, scheduled to appear in Wednesday’s Federal Register under a Federal Insecticide, Fungicide, and Rodenticide Act emergency order, responds to serious risks posed to fetuses, potentially causing thyroid issues and a host of other severe health problems.

The suspension highlights the potential for birth defects and neurological problems associated with Dacthal exposure, which are likely to drive numerous Dacthal lawsuits in the coming months and years.

Michal Freedhoff, the Assistant Administrator for the EPA’s Office of Chemical Safety and Pollution Prevention, emphasized the grave nature of the threat posed by DCPA, stating it should be “removed from the market immediately.” The concern extends beyond potential food and water contamination to include risks to workers who handle this chemical.

“The EPA has a fundamental duty to safeguard individuals from harmful chemical exposures,” Freedhoff explained in a Tuesday statement. “This action is crucial because pregnant women unknowingly exposed to DCPA could have children who suffer permanent and severe health issues. This is the first time in nearly four decades that the EPA has activated its emergency suspension powers to halt a pesticide’s use.”

Despite efforts by AMVAC Chemical Corp., the sole registrant of DCPA products, to mitigate these risks, the EPA concluded that no feasible safety measures exist that would allow the continued use of DCPA without posing an imminent danger.

Where Dacthal Was Used

The states most notably at issue with Dacthal exposure are those with significant agricultural activities where Dacthal has been applied. These states typically have high concentrations of farms that grow the types of crops most often treated with Dacthal, such as broccoli, Brussels sprouts, cabbage, and onions. This includes California, Arizona, Colorado, Wisconsin, Michigan, Ohio, Oregon, Texas, and Washington. Each of these states has reported substantial use of Dacthal, so that is where we expect to see the most cases.

California: Known for its vast and diverse agricultural sector, California tops the list for Dacthal usage, particularly in counties with high production of vegetables like Monterey, Imperial, and Fresno. The state’s extensive farming operations contribute to the heightened risk of DCPA exposure to workers and residents.
Arizona and Texas: These states have significant agricultural outputs and use Dacthal in various capacities, often in vegetable production that includes crops like cabbage and onions, which are prevalent in these regions.
Oregon and Washington: With robust agricultural sectors, especially in areas where specialty crops are grown, these states see substantial Dacthal application. This includes not only farmworkers but also those in adjacent communities who might be exposed through environmental contamination.
Michigan and Ohio: These states have specific regions where Dacthal use has been documented, particularly in areas focused on vegetable production. The localized use affects those directly involved with agricultural processes and nearby populations.
Wisconsin and Colorado: Similar to other states, the use of Dacthal in these areas is primarily due to crop cultivation that requires the application of this herbicide, posing risks to those directly involved in its application and those living in proximity to treated fields.

These states are often highlighted in litigation and regulatory discussions due to the prevalence of Dacthal use and the potential risks to pregnant farmworkers and local communities, leading to health concerns that include changes to fetal thyroid hormone levels and other developmental issues in newborns.

What Type of Dacthal Lawsuits Are We Accepting?

Our law firm is advocating for the rights of individuals and families adversely affected by this hazardous pesticide. We are focusing on specific criteria for these cases to ensure that each client receives the highest level of legal support.

You may be eligible for compensation if:

You worked on a farm or nursery where DCPA-treated crops were grown during your pregnancy.
You were exposed to DCPA through direct application or proximity to treated areas.
Your child has experienced health issues that may be linked to DCPA exposure.

Our Dacthal lawyers are looking for victims who had direct exposure. Could you be harmed from indirect exposure? Absolutely. But, at this stage, our attorneys do not think these cases can be proved. So claimants must demonstrate that they had direct exposure to Dacthal for our law firm to get involved. This typically will involve providing evidence that you were either working in or residing near locations where Dacthal was actively used, such as on farms, in nurseries, or in residential landscaping areas.

The strongest DCPA lawsuits that will garner the highest settlement amounts and jury payouts are cases where there is significant duration and intensity of the exposure.

Is Birth Defect the Only Injury from Dacthal?

Right now, birth defects and developmental delays in children as a result of the mother’s exposure to DCPA are the primary focus of this litigation. Experts have been saying for year that DCPA poses significant risks to unborn fetuses, leading to neurodevelopmental issues, low birth weight, and decreased IQ. Despite AMVAC’s claims that fields treated with Dacthal are safe after 12 hours, the EPA found that unsafe levels of the pesticide could persist for up to 25 days, posing risks not only to workers but also to nearby communities due to pesticide drift.

But while birth defects and developmental delays are the signature injury in these cases, the science is rapidly evolving, and our attorneys anticipate that lawsuits related to Dacthal exposure may also include claims for various types of cancer and thyroid disorders.

Our DCPA attorneys will work closely with your doctors and other medical experts to establish a link between your injuries and Dacthal exposure. The injuries associated with this pesticide are not fully understood at this point, and ongoing research is crucial to building strong cases.

Projected Trial Outcomes and Settlement Values of DCPA Lawsuits

The litigation involving Dacthal is still in its infancy, and many questions remain unanswered. We do not yet know the full scope of these lawsuits, nor do we know if there will be a class action lawsuit involving Dacthal. However, there is a well-established history of settlement amounts and jury payouts in similar cases that we can use to predict potential trial outcomes and settlement figures.

The expectation is that the primary focus of the Dacthal litigation will be the health risks posed by the chemical, particularly to pregnant women and their unborn children.

The outcomes of DCPA trials will heavily depend on the presentation of scientific evidence linking Dacthal exposure to specific health issues such as thyroid dysfunction, developmental delays, and other congenital disabilities. The strength of individual cases will vary based on the ability to directly connect health problems with DCPA exposure, the credibility of expert witnesses, and the specific circumstances of exposure.

Proving causation in chemical exposure cases is always challenging. However, if plaintiffs successfully demonstrate that DCPA exposure led to these injuries, juries could award significant damages, especially if there is evidence that the manufacturer, AMVAC Chemical Corp., failed to provide adequate warnings or, even more powerfully, knowingly concealed risks. Such findings could lead to substantial punitive damages awards.

What Will Drive Dacthal Lawsuit Settlement Compensation?

Settlement values in DCPA lawsuits could be influenced by several factors:

Severity of Harm: Settlement amounts will likely scale with the severity of the harm suffered. Cases involving severe, lifelong disabilities or conditions requiring extensive medical treatment will command higher settlements.
Number of Plaintiffs: If the lawsuits evolve into a class action or multidistrict litigation (MDL), it will change how the litigation unfolds. A large group of plaintiffs could lead to a global settlement offer, which would be distributed among the plaintiffs based on the severity of their conditions, the extent of the exposure, and a host of other factors.
How the Science Develops: Our attorneys believe there will be ample evidence that Dacthal can cause birth defects. The EPA’s decision to remove this product from the market underscores the seriousness of the risks. However, the strength of the evidence and the ability to prove specific causation—that a child’s birth defects resulted from the mother’s exposure—remains to be seen.
Precedent and Public Pressure: Public and regulatory pressure following the EPA’s emergency ban might encourage AMVAC to settle cases to manage public relations and reduce legal risks. Settlements might also be driven by the outcomes of early trials, which could set precedents for the compensation amounts.
What the Company Knew: The company’s internal documents will be critical in determining the outcome of these lawsuits. If it is revealed that AMVAC knew of the risks associated with DCPA and concealed this information, it could lead to larger verdicts and punitive damages, significantly increasing settlement amounts.
Insurance Coverage: This is a company that is worth $146 million. That will not go very far. The expectation – and the hope – is that it has sufficient insurance coverage to pay settlements and verdicts.

Expected Range of Settlement Compensation

While exact figures are speculative at this stage, settlements could range from moderate amounts for less severe cases to multi-million-dollar payouts for cases involving significant disabilities or lifelong health issues. The settlement process will likely reflect a detailed assessment of individual claims, with adjustments based on the collective outcomes of ongoing and future trials.

As these cases progress, it will be crucial to monitor the legal landscape and emerging scientific evidence to accurately predict the trajectory of DCPA litigation and potential settlement outcomes. But serious birth defect cases could see compensation in the millions and this is a likely scenario if these cases go as our lawyers expect.

Hiring a Lawyer for Your Dacthal Case

If you or a loved one has been exposed to Dacthal during pregnancy and has experienced adverse health outcomes, our law firm is here to provide the necessary support and guidance. We are dedicated to helping you navigate this complex legal landscape and securing the compensation you deserve.