Dacthal Lawsuit – DCPA Lawyers

Nadrich Accident Injury Lawyers is representing those who got exposed to Dacthal (DCPA) while they were pregnant then gave birth to children with birth defects. We are accepting clients who are or were farmworkers or applicators. We are also accepting drifter cases, which would be those who live or lived next to Dacthal-sprayed fields.

The U.S. Environmental Protection Agency, on August 6, 2024, issued an emergency Dacthal ban, citing the significant health risks the weedkiller poses to unborn children.

Our Dacthal lawyers have been handling toxic exposure cases, such as paraquat, Roundup and asbestos cases, as well as birth injury cases since 1990, and have recovered hundreds of millions of dollars on behalf of clients. Our extensive experience in handling toxic exposure and birth injury cases will allow us to recover the maximum possible financial compensation on your behalf.

We will handle your Dacthal case on a contingency fee basis, which means that the only fee you will ever owe us is a percentage of any financial compensation we recover for you. This means that you will not owe us any fee until and unless we win your Dacthal case. You won’t ever owe us any upfront fee or out-of-pocket fees – that is our no fee promise guarantee.

If you can’t afford to have your child treated, we may be able to get your child to doctors who will treat them on a lien, meaning you won’t be charged for treatment until your case is over. Doctors do this for our toxic exposure and birth injury clients because they know we get great results for our clients.

If you or a loved one have kids whose development and/or health you think was negatively affected by Dacthal exposure, call our Dacthal attorneys today for a free consultation. There is no cost or obligation for our free, confidential consultation, and you may qualify for financial compensation.

Who Can File a Dacthal Lawsuit?

Farmworkers who have worked on farms where these vegetables were grown may be eligible to file a DCPA lawsuit:

• Onion (Red, yellow, white, Spanish, dry, etc.)
• Cauliflower
• Cabbage
• Bok choy (Pak Choi, Choy Sum)
• Brussels sprouts
• Broccoli
• Broccoli raab (Rapini, Italian turnip, Rapa)
• Radish
• Chinese cabbage (Celery cabbage, Wong Bok, Napa)
• Cauliflower
• Kale

Dacthal applicators may also be eligible to file a lawsuit. Those who live or lived next to Dacthal-sprayed fields may also be eligible to file a lawsuit.

Those whose children were born with the following birth defects may be eligible to file lawsuits:

• Decreased bone deposition
• Impaired motor skills
• Decreased IQ
• Impaired brain development
• Low birth weight

Those who have been exposed to DCPA, including DCPA in the following products, may qualify to file a lawsuit:

• Dacthal
• Dacthal 6F
• Dacthal Flowable Herbicide
• Dacthal W-75
• DCPA 6E
• DCPA 75WDG
• DCPA 75 DF

Why Should I File A Dacthal Lawsuit?

Children who suffer birth defects may suffer from medical issues. They can end up incapable of caring for themselves for the rest of their lives. Your child and family may end up facing a lifetime of emotional and physical challenges, have to deal with huge medical bills regarding things such as nursing, therapy, medications and attendant care, and your child may need special education. Enormous costs may result from providing your child with a quality life as well as long-term security.

While it’s initially shocking to discover your child has a birth defect, the shock is eventually replaced with realizing the complications and challenges you will face every day. You may need help taking care of a disabled child. This could lead to you having less time to take care of your other children, and could lead to you or another member of your family needing to quit a job to care for your child. Insurance may not cover medication and care costs. Your savings may need to be spent to care for your child.

Being financially compensated in a Dacthal lawsuit won’t be able to fully make up for the birth defect your child suffered and its effect on their life. It can, however, help ensure that the needs of your child can be taken care of, particularly after you aren’t capable of caring for your child anymore.

Compensation Available in a DCPA Lawsuit

If your child was born with birth defects due to Dacthal exposure, you might be eligible for financial compensation. Our DCPA lawyers can help you recover financial compensation for:

• Medical bills: It is likely that you already face medical expenses regarding your child’s birth defect. Your child might also require medical care for the remainder of their life due to their birth defect. A Dacthal lawyer at our firm can help you recover financial compensation for any and all past or future medical bills related to your child’s birth injury.
• Additional healthcare expenses: You might be eligible to be compensated for the costs of expenses like occupational therapy, counseling, special vehicles or equipment, home modifications, in-home care, etc.
• Loss of wages: If you have had to take time off from work in order to care for your child due to their birth defect, you may qualify for financial compensation for the wages you weren’t able to earn.
• Lost earning capacity: If you had to work less hours or quit your job to take care of your child due to their birth defect, this represents a loss or reduction of your earning capacity which a Dacthal attorney at our firm can help you recover compensation for. In addition, if your child’s birth defect result in them suffering a reduction of earning capacity in their future, these losses could be covered by your financial compensation.
• Pain and suffering: A DCPA lawyer at our firm can help you recover financial compensation for any physical pain or mental suffering that your child has endured due to their birth defect. In addition, we can help you recover compensation for the mental suffering you’ve endured due to the birth defect your child suffered.

What Is the Process of Filing a Dacthal Lawsuit?

A Dacthal attorney at our law firm will tirelessly work in order to prove that AMVAC Chemical Corporation is liable for the birth defect your child suffered as well as recover the most money possible as quickly as possible.

Every case is unique. However, most DCPA lawsuits will involve these steps:

1. Contact

This step involves contacting a DCPA attorney like the attorneys at Nadrich Accident Injury Lawyers in order to receive a free case evaluation. A lawyer can answer any questions you have at this time.

2. Investigation

Your attorney will thoroughly investigate all of the facts which you present to them in order to determine if you have a valid claim.

3. Filing the Lawsuit

If your case is accepted by us, we will end up filing a lawsuit against AMVAC Chemical Corporation, seeking to hold them accountable for the birth defect your child suffered.

4. Discovery

The process of discovery involves both sides’ lawyers collecting evidence and information so they can try to prove their cases.

5. Mediation

During mediation, each party presents evidence along with the help of a mediator such as a judge in order to attempt to come to a fair settlement and avoid a costly trial.

6. Settlement

If we are able to prove that AMVAC Chemical Corporation is responsible for the birth defect your child suffered, and that the birth defect could have been prevented, AMVAC will likely offer an out-of-court settlement to avoid a costly, lengthy trial.

7. Trial

Most of our cases don’t end up in court because our reputation for success in court leads to defendants wanting to avoid going to trial against us. However, if we’re unable to reach a fair settlement with AMVAC, we are fully prepared to represent you in a trial in court. Sometimes settlements get reached before trials finish. When they’re not, juries or judges decide the winners of cases.

What Services Do Nadrich Accident Injury Lawyers Offer?

Our lawyers will provide three vital services when we handle your Dacthal claim, including:

• Valuation: Your case details will be assessed by your attorney, including any medical records, in order to determine your claim’s strength. We will consider factors like the severity of the birth defect as well as negligence, failure to adequately test Dacthal, and failure to warn about Dacthal’s dangers. We will then consult with medical and financial experts in order to calculate the financial compensation you’re eligible for, including relevant factors such as medical bills, pain, suffering, and future care needs.
• Investigation: We will thoroughly investigate your claim if we agree upon representing you. We will collect evidence to build a strong case for you by reviewing medical records, interviewing witnesses and consulting with experts. We build compelling cases with these bricks which highlight the missteps that AMVAC Chemical Corporation took while developing, manufacturing and selling Dacthal.
• Negotiation: Finally, we will utilize all the evidence gathered in order to negotiate with AMVAC Chemical Corporation. We will advocate for your rights and fight to make sure you receive a settlement which is fair, just and adequately covers the lifetime of expenses your child will face. If we cannot reach a fair settlement, we will represent you in court before a jury or judge.

Our birth defect lawyers know that cases like these can take an emotional toll on families. We personal handle this work so you won’t need to stress or worry about the lawsuit process. We’ll make sure you’re kept updates regarding your case status and make sure you stay fully informed regarding all issues when you need to make choices about the future of your child.

Emergency Dacthal Ban

The EPA’s August 6, 2024 emergency Dacthal ban was issued because when pregnant mothers suffer DCPA exposure, at times even being unaware the exposure happened, their babies may experience changes in thyroid hormone levels which have been linked to adverse health effects which may be irreversible, including:

• Low birth weight
• Impaired motor skills
• Decreased IQ
• Impaired brain development

The EPA, in 2013, required DCPA’s manufacturer, AMVAC Chemical Corporation, to submit over 20 studies in order to support the weedkiller’s registration. The requested data included a study regarding DCPA’s effects on thyroid function and development in adults as well as in young people before and after being born. A deadline of January 2016 was given for this study.

The EPA considered many of the studies submitted by AMVAC between 2013 and 2021 to be insufficient, and notes that the thyroid study as well as additional studies weren’t even submitted.

The EPA, in April 2022, issued a notice of intent regarding suspension of Dacthal, and in August 2022, the thyroid study was finally submitted by AMVAC.

The EPA, in May 2023, released an assessment of risks regarding residential and occupational exposure to products which contain DCPA after analyzing the thyroid study. The EPA discovered that serious health risks were associated with the application and use of Dacthal, even when engineering controls and personal protective equipment were used. The biggest risks the EPA found were to unborn children. These significant risks included alterations of fetal thyroid hormone levels. The agency estimated that some people carrying children who handle products containing DCPA may be exposed to four to 20 times the amount of the chemical which the EPA estimates is safe.

The EPA expressed concern regarding pregnant women working in or entering areas where Dacthal was already sprayed, including workers involved in harvesting, weeding and transplanting. While Dacthal’s current label says to avoid entering treated fields for 12 hours post-application, the EPA stated that evidence shows that in many cases, DCPA levels in treated fields remain unsafe for at least 25 days. The agency also indicated that pregnant people can be exposed to DCPA via spray drift, where pesticides move via the wind to sites other than intended spraying areas.

The EPA noted that taking action under FIFRA to suspend a pesticide’s registration, like the agency did on August 6, 2024, is costly and time intensive, but that it was necessary regarding Dacthal due to the severe health risks associated with occupational and residential exposure to the chemical.

There Is a History of Concern Regarding Dacthal’s Risks to Health

The herbicide DCPA has been in use since 1958. It is used to prevent grasses and weeds from growing where crops such as vegetables or turf are grown. It consists of odorless, colorless crystals which are slightly water-soluble. Despite being widely used, significant concerns have been raised regarding the chemical’s possible impact on the environment and on health.

Alarms have long been raised by environmental groups regarding Dacthal. Studies done during the 1980s suggested Dacthal might disrupt thyroid function and cause cancer. Early findings like these, supported by independent and government research, highlighted DCPA’s risks, particularly to farmworkers and pregnant women. Despite warnings like these, Dacthal stayed on the market for many decades, with environmental activists urging the EPA to do something about it.

When the EPA expressed concerns about DCPA’s safety in 2013 and ordered AMVAC Chemical Corp. to do studies on it, it set in motion a process which ultimately led to the August 2024 emergency ban on Dacthal.

What Crops Is Dacthal Sprayed On?

The following is a list of the top 10 crops DCPA was sprayed on in California in 2022, along with how many pounds of DCPA was sprayed on each crop:

1. Broccoli, 65,427 pounds
2. Onion, 39,101 pounds
3. Cabbage, 13,583 pounds
4. Brussels sprouts, 11,925 pounds
5. Broccoli raab (Rapini, Italian turnip, Rapa), 10,428 pounds
6. Bok Choy (Pak Choi, Choy Sum), 8,076 pounds
7. Radish, 7,839 pounds
8. Chinese cabbage (Celery cabbage, Wong Bok, Napa), 7,022 pounds
9. Cauliflower, 4,749 pounds
10. Kale, 3,297 pounds

Where Is Dacthal Sprayed?

The following is a list of the top 10 counties in California where DCPA was sprayed in 2022, along with how many pounds of DCPA was sprayed in each county:

1. Monterey County, 79,316 pounds
2. Imperial County, 26,047 pounds
3. Fresno County, 16,184 pounds
4. Riverside County, 15,412 pounds
5. Santa Barbara County, 10,955 pounds
6. San Luis Obispo County, 10,435 pounds
7. Kern County, 9,195 pounds
8. Ventura County, 7,043 pounds
9. San Benito County, 5,768 pounds
10. Stanislaus County, 5,095 pounds

In addition, in 2018, DCPA was sprayed in the states of Washington, Oregon, Idaho, Nevada, Arizona, Texas and Wisconsin.

How Does Exposure to DCPA Occur?

One can be exposed to Dacthal in numerous ways. Dermal toxic exposure, inhalation and ingestion are common ways Dacthal exposure happens.

The following exposure types may lead to health issues for those exposed to it, or their children:

• Inhalation: While Dacthal is applied, mixed or handled, dust and vapors may get inhaled. Inhalation exposure symptoms include throat irritation, coughing, difficulty breathing and nasal passage irritation.
• Ingestion: When people eat contaminated food, and when people touch their mouth when they have Dacthal on their hands, ingesting Dacthal may lead to abdominal pain, diarrhea, vomiting or nausea.
• Eye contact: Dacthal spray or dust may effect your eyes. This can cause irritation or damage. Eye exposure can lead to redness, tearing, itching, and even possible long-term injury to the eye.
• Skin contact: Dacthal may get absorbed through one’s skin if they handle it or work in areas where it has been sprayed.
• Environmental exposure: DCPA can persist in water and soil. Long-term contamination of the environment may impact numerous food chain levels.

Occupations Which Commonly See Dacthal Exposure

While a lot of people may be exposed to Dacthal due to its widespread use, those who work some jobs are more likely than others to be exposed. Those who work these jobs, especially greenhouse workers, landscapers, horticulturalists and agricultural workers, need to take steps to limit their exposure and seek out medical attention regarding possible side effects.

Jobs which are at a high risk of Dacthal exposure include:

• Pesticide applicators: Applying, loading and mixing DCPA in an agricultural setting.
• Farmers: Harvesting, cultivating and planting crops which Dacthal is used on to control weeds.
• Nursery workers: Those who work in nurseries and use DCPA for weed control near ornamental plants.
• Field workers: Those who work in fields which get treated with Dacthal, particularly immediately after and during application.
• Plant caretakers: Taking care of plants in greenhouses in which Dacthal is utilized to manage the growth of weeds.
• Landscapers: Maintaining public green spaces, gardens and lawns where Dacthal might get applied.
• Chemical plant workers: Packaging and producing of Dacthal and additional herbicides.
• Greenhouse managers: Those who oversee operations and might get involved in the application of herbicides.
• Agricultural advisors and extension agents: These people give hands-on advice to agricultural businesses and farmers regarding the usage of herbicides such as Dacthal.
• Formulators: Preparing and mixing Dacthal.
• Pesticide control officials: Regulating the use of and monitoring pesticides such as Dacthal.
• Field inspectors: Inspecting and monitoring agricultural fields for the purpose of compliance with herbicide regulations and application practices.
• Gardeners and homeowners: Utilizing Dacthal in lawns and gardens to control weeds.
• Technicians and scientists: Studying the efficacy and effects of Dacthal, and handling it in a controlled environment.

Dacthal’s Health Effects

It has been shown by studies that Dacthal exposure can lead to negative effects on the health of people. This includes effects on thyroid function. The chemical might change the thyroid hormone levels of unborn fetuses, leading to long-term issues.

People and their loved ones who have suffered adverse health effects due to Dacthal exposure should contact a lawyer in order to take legal action.

Dacthal exposure’s health effects include:

• Hyopthyroidism: This is a decrease in the production of thyroid hormone. It leads to symptoms like depression, cold intolerance, weight gain and fatigue.
• Thyroid cancer: Exposure to Dacthal on a long-term basis might lead to a higher risk of thyroid cancer. This cancer presents with symptoms including a lump in the neck.
• Thyroid nodules: Dacthal exposure may be associated with a higher risk of malignant or benign nodules located in your thyroid gland. This causes symptoms such as voice changes, problems swallowing or a neck lump.
• Autoimmune thyroid disease: Dacthal exposure may be associated with conditions such as Graves’ disease or Hashimoto’s thyroiditis. This can cause hyper- or hypothyroidism as the immune system attacks the thyroid.
• Goiter: This is an enlarged thyroid gland. This results in swallowing difficulties, breathing difficulties and neck swelling.
• Fetal thyroid hormone level changes: When pregnant women are exposed to Dacthal, it can lead to altered levels of fetal thyroid hormones.
• Alterations to thyroid hormone levels: Dacthal exposure may disrupt the normal regulation and production of thyroid hormones. This can affect your health, including your metabolism.
• Eye and skin irritation: Direct contact with Dacthal can cause discomfort, itching and redness.
• Developmental issues: Changed levels of fetal thyroid hormones have been linked with impaired motor skills, decreased IQ, impaired brain development and low birth weight. These effects may be irreversible.
• Gastrointestinal distress: Accidentally ingesting Dacthal can lead to diarrhea, abdominal pain, vomiting and nausea.
• Respiratory issues: Inhaling Dacthal can lead to problems breathing, coughing and respiratory irritation.
• Neurological effects: Significant Dacthal exposure could lead to neurological symptoms such as neurological disorders, dizziness and headaches.

Dacthal Lawsuit Updates

Call Us Today for a Free Consultation

AMVAC Chemical Corporation needs to be held responsible for manufacturing and selling a dangerous chemical which causes devastating birth defects which can impact children for the rest of their lives. Companies which manufacture products have an obligation to adequately test for product defects, and have an obligation to warn about any risks associated with their products.

It is clear that AMVAC Chemical Corporation failed to adequately test Dacthal and/or failed to warn about risks associated with the herbicide that they knew or should have known about. The company needs to be held accountable for any children harmed by these failures.

We have been fighting to recover financial compensation and justice for those harmed by dangerous chemicals since 1990 and have recovered hundreds of millions of dollars on behalf of our clients. Let us put our vast experience to work for you and allow us to fight to recover compensation which will make sure your child receives the care they need for the rest of their life.

Call us today for a free consultation. We are accepting clients who are or were applicators. We are also accepting drifter cases, which would be those who live or lived next to Dacthal-sprayed fields. Remember – no fee will be charged for us to handle your Dacthal case until and unless we recover compensation for you.