If you were exposed to Paraquat, a dangerous herbicide, you could be at risk of developing Parkinson’s. Our mass tort attorneys have met with dozens of people already who got sick from using this product.
What Is Paraquat and Why Is It So Dangerous?
Paraquat is one of the strongest weed killers in the country. It is the most common type of herbicide amongst lawn care professionals. The chemicals in Paraquat are so dangerous, the FDA has not approved it for personal use.
Paraquat causes toxic chemical reactions to take place throughout your body. The parts of your body that are affected the worst are your lungs, liver, and kidneys. The toxins also affect your nervous system which is what causes Parkinson’s.
The EPA Has Approved the Paraquat Weed Killer for Commercial Use Only
One of the hurdles your class action lawyer must overcome is the intended use of Paraquat. The EPA has only approved the product for lawn care professionals. If you don’t have a special license, you cannot even buy the product.
If you aren’t a lawn care professional, the court may ask how you were exposed to the chemicals in Paraquat. If you used it despite the EPA warnings, it will be very hard to win your case.
Your Class Action Lawyer Must Prove Paraquat Caused You Parkinson’s Disease
Even if your class action attorneys can prove that you were exposed to Paraquat, that isn’t enough. You must also prove that the product caused your disease. This means your lawyer will need to review your entire medical history.
If there is evidence that you were prone to develop Parkinson’s years ago, it will hurt your case. The same thing is true if other family members have Parkinson’s. While it is rarely a genetic disease, that won’t stop the defendant from claiming it is in your case.
It Will Be Difficult to Demonstrate Long-Term Exposure if You Aren’t a Professional
As briefly mentioned earlier, if you aren’t a commercial lawn care agent, you will have a hard time proving causation. Since you aren’t supposed to use the product for personal use, your injury lawyer will run into difficulty.
Your lawyer is going to have to explain how you were exposed to Paraquat if you aren’t licensed to buy it. If the defendant can prove that your spouse is a lawn care professional, it could hurt your case.
The Class of Plaintiffs is Growing by 200 People Every Month
Paraquat has been on the market since 1961. Yet it wasn’t until 2017 that the first lawsuit was filed. Since then, the number of new plaintiffs every month is more than 200.
If you have not yet spoken with a class action lawyer, you should do so immediately. You never know when the window will close, and you won’t have a chance to pursue damages.
Why Is the Product Still on the Market if It’s So Dangerous?
A lot of people ask our class action lawyers why Paraquat is still on the market. If it’s so dangerous, why do they sell it?
The reason it’s still legal is that you have to be specially trained to use it. Laypeople cannot go to the store and buy Paraquat. If you’re not licensed and somehow get your hands on the product, that’s on you. The defendant will argue that you assumed the risk by choosing to use the product when you weren’t supposed to.
Your Attorney Will Have to Prove Your Damages
The reason people file a personal injury lawsuit is so they can be compensated for their injuries. The problem is that our attorneys meet with a lot of people who can’t prove they were hurt.
You must be able to show you have been diagnosed with Parkinson’s disease. If you cannot prove this, your claim won’t go far. If, however, you have been diagnosed with this condition, you may be entitled to damages.
What Kind of Damages Will You Be Entitled To?
Depending on the seriousness of your injuries, you may be entitled to different types of damages. Your class action lawyer is going to demand that you be paid some or all of the following.
- Medical bills – You may be entitled to compensation for past and future medical bills. Your attorney will hire an expert to determine what your future medical care will cost.
- Lost income – Your lawyer will demand two types of lost income. First, you will be entitled to any wages you have already lost. Second, you can demand compensation for any future earning capacity you have lost because of your Parkinson’s diagnosis.
- Pain and Suffering –, if you end up with Parkinson’s because you used Paraquat, you will experience pain and suffering. This includes both physical and mental anguish.
- Punitive Damages – Juries may order a manufacturer to pay punitive damages if the company knew a product was dangerous but continued to sell it and hid evidence of the risks.
Of course, your lawyers are going to fight to get you as much money as possible. As long as they have evidence to support your claim for damages, you should be fine.
Why Do You Have to Talk to a Class Action Lawyer Now?
If you don’t file your lawsuit before the statute of limitations period expires, you will walk away with nothing. It won’t matter how strong your case may be. The filing deadlines are very strict.
Once the statute of limitations deadline has passed, you won’t be able to sue. The courts do not approve extensions of the statute. There’s nothing your class action attorney will be able to do to help you.
You Don’t Want to Wait Too Long to Reach Out to a Class Action Lawyer
When people read about lawsuits against big corporations, they assume they have all the time in the world to act. Our class action lawyers feel bad for people who wait too long to contact our office.
We recommend that anybody who thinks they may have a claim against the makers of Paraquat call us immediately. We can schedule your free, initial consultation over the phone. This gives you a chance to come in and see if your case has merit.