Dacthal Lawsuit – December 2024 Update

The Dacthal Lawsuit Is An Active Lawsuit

See If You Qualify!

Individuals are filing lawsuits against the maker of Dacthal, a widely-used weed killer after studies show that the herbicide may adversely affect thyroid function and fetal development. Research indicates that these impacts may happen at a lower dose than previously known. The health issues associated with Dacthal exposure may have significant mental and financial consequences for people who come in contact with the herbicide. Litigation is in the early stages with new lawsuits continuing to be filed as more affected individuals come forward after being harmed by Dacthal. 

Dacthal Herbicide Lawsuit Overview

Multiple lawsuits filed against the manufacturer of Dacthal, AMVAC Chemical Corporation allege that the company failed to warn users about the potential health risks associated with exposure to the herbicide. Legal claims indicate that Dacthal may affect fetal thyroid hormone levels, leading to low birth weight, lower IQ, and impaired brain development. AMVAC did not list these health concerns as potential side effects on Dacthal’s product label.

Dacthal, chemical name Dimethyl Tetrachloroterephthalate (DCPA), is a pre-emergent herbicide used to control weeds. It is used around various crops, including broccoli, Brussels sprouts, cabbage, and onions. It is widely used on these crops due to its effectiveness in weed control. However, studies link exposure to the weed killer with serious adverse health conditions. These injuries can take a devastating physical and emotional toll on individuals, including impacting the fetal development of an unborn child. They may also create an extraordinary financial burden, including medical bills, long-term health care costs, and lost wages. 

Individuals or their loved ones who have suffered serious side effects after being exposed to Dacthal are strongly encouraged to contact an experienced law firm. At King Law, our attorneys have extensive experience helping people harmed by dangerous or defective products secure compensation. It is important to take legal action as soon as possible to protect your rights and ensure you receive the recovery you deserve.

Dacthal Lawsuit – 2024 Update

December 2, 2024: EPA Report Shows that Dacthal Manufacturers Likely Knew About Dangers for Decades

Dacthal manufacturers likely knew that Dacthal posed a risk to human health for decades, yet they continued to manufacture it. One such example came from an EPA report that showed animal studies of Dacthal (also called dimethyl tetrachloroterephthalate or DCPA) resulted in a higher number of stillbirths and maternal death than in the control groups. Additionally, the studies—many from the 1990s—showed impaired kidney and adrenal functions, including an increase in liver and thyroid tumors. Years later, Dacthal was removed from the market because of this dangerous pesticide causing cancer in humans.

November 7, 2024: As Dacthal Lawsuits Increase, Evidence Suggests AMVAC Knew About the Dangers of DCPA for 30 Years

As more people file Dacthal lawsuits against AMVAC Chemical Corporation, more information is surfacing that suggests AMVAC knew about the possible dangers of its weedkiller. A 2023 report revealed that the EPA identified chlorthal-dimethyl (DCPA) as a possible human carcinogen in as early as February 1995. The Environmental Working Group says the makers of Dacthal conducted a 1993 study that showed an increased risk of thyroid tumors in lab mice exposed to DCPA, prompting the EPA’s classification. Even so, Dacthal’s manufacturers continued to make this product, possibly putting thousands in danger.

November 1, 2024: EPA Formally Cancels All Pesticides Containing DCPA or Dacthal

On October 22, 2024, the EPA finalized cancelation of all pesticides containing dimethyl tetrachloroterephthalate (DCPA or Dacthal). The organization took this action because of evidence that Dacthal is harmful to unborn babies. Studies showed that wearing personal protective equipment doesn’t really lower the risk. As the EPA warns, the dangers to unborn babies coming into contact with Dacthal include low birth weight, lowered IQ, and issues with brain development. 

September 9, 2024: American Vanguard Ceases Production of Dacthal Following EPA Emergency Order

American Vanguard, the sole maker of Dacthal, has voluntarily ceased production of the pesticide. This decision comes just weeks after the EPA ordered the product to be pulled from the market due to health risks posed to pregnant farm and agricultural workers. The rare move by the EPA to issue this emergency order was in response to data suggesting that Dacthal caused damage to unborn fetuses, such as birth defects, impaired motor skills, and impaired brain development. This has led to the belief that thousands of Dacthal lawsuits will be filed around the country against the manufacturer in the coming months and years.

August 6, 2024: EPA Announces Emergency Suspension of All Registrations of the Pesticide DCPA/Dacthal

The EPA chose to ban all use of the herbicide dimethyl tetrachloroterephthalate, which is also known as DCPA and sold under the brand name Dacthal. It took this action under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

In a written decision, an EPA official stated, “DCPA is so dangerous that it needs to be removed from the market immediately.” The EPA hasn’t taken such measures in almost 40 years but felt the dangers of Dacthal warranted its immediate removal from the market. The EPA determined that Dacthal posed significant harm to fetuses, including low birth weight, impaired brain development, impaired motor skills, and lower IQ. DCPA also poses other health risks to adults who work in or live near fields where the pesticide is used. With this news about Dacthal, people are filing lawsuits against AMVAC.

April 1, 2024: EPA Warns Farmworkers about Dangerous Consequences of the Herbicide DCPA

Citing numerous safety concerns to farmworkers and unborn children, the EPA has issued a warning to people who come into contact with DCPA/Dacthal. This warning is a result of the significant health risks to pregnant individuals and their developing babies exposed to DCPA. 

The agency plans to pursue swift action to address the serious health risks posed by DCPA. In  a statement, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhof said, “DCPA exposure represents a serious risk to pregnant workers and their children, so it’s imperative that we warn people about those risks now. We’re committed to taking action to protect the health of children, workers, and others who are exposed to DCPA.”

With more information about the dangers of Dacthal surfacing, it is anticipated more people will be filing lawsuits after experiencing harms for exposure to the pesticide.

March 27, 2024: EPA’s Office of Chemical Safety and Pollution Prevention Issues Response to AMVAC’s DCPA Risk Mitigation Proposal 

The EPA responded to the AMVAC’s most recent risk mitigation proposal and questions about the EPA’s risk assessment. In their response to the chemical’s manufacturer, the EPA summarized its concerns about the herbicide, saying, “[the] EPA has determined that currently registered products containing the herbicide DCPA likely cannot be used under current label directions without posing serious risks of concern in humans.” The EPA plans to further investigate how dimethyl tetrachloroterephthalate is toxic to humans.

December 27, 2023: US EPA Issues a Notice of Cancellation Order for Some Uses of DCPA 

Following a voluntary request from AMVAC, the manufacturer and sole registrant of DCPA, the EPA has issued a cancellation of some products containing dimethyl tetrachloroterephthalate, which is known as DCPA or Dacthal. The Notice of Cancellation order applies to Dacthal W-75 Herbicide, which AMVAC produces. AMVAC has 30 days to provide substantive comments that would persuade the EPA to conduct further review.

May 31, 2023: EPA Risk Assessment Shows Significant Risks to Human Health from the Herbicide DCPA

After conducting a Risk Assessment of the pesticide DCPA, the EPA is determining whether or not the chemical can be used safely at any level and under any circumstances. Because the chemical is used widely on food crops in the United States and has other uses, the agency is concerned about exposure. The EPA’s Risk Assessment showed significant risks to human health for people who were exposed to dimethyl tetrachloroterephthalate, which is also known as DCPA and sold under the brand name Dacthal.

April 28, 2022: EPA Issues Notice of Intent to Suspend the Herbicide DCPA Due to Health Concerns Tied to the Herbicide

The EPA issued a notice of intent to suspend (NOITS) that will prevent the sale, distribution, and use of technical-grade dimethyl tetrachloroterephthalate (DCPA). The pesticide is sold under the brand name Dacthal and has been determined to pose significant risks to humans. The EPA took this action because the manufacturer of the chemical, AMVAC, has not provided data that was required nine years ago. AMVAC will likely strategize responses to delay regulatory action.

About the Dacthal Lawsuit:

What Is Dacthal?

Dimethyl tetrachloroterephthalate (C₆Cl₄(CO₂CH₃)₂), sold under the common trade name Dacthal, is a popular pre-emergent herbicide used on a number of crops. 

Dacthal is used on:

• Cabbage 
• Broccoli
• Onions
• Strawberries
• Ornamentals
• Lawns
• Golf courses
• Ornamental plants

It is also used in non-agricultural settings such as on lawns, golf courses, and ornamental plants. First registered for use in the United States in 1958 for turf grasses, the weed killer’s ISO common name is Chlorthal-dimethyl.

The herbicide is applied to the soil prior to the emergence of weeds to inhibit the germination and growth of weed seeds. It is available in granular and liquid concentrates and applied using standard agricultural equipment. Its use is widespread because of its relatively long half-life in the soil. This long half life has led to concerns about its persistence and potential accumulation in the environment.

Dacthal is regulated by various health and environmental agencies, with usage restrictions varying by region. It was initially discontinued by ISK Biosciences in 1998, but production was resumed in 2001 by AMVAC (American Vanguard Corporation). In August 2024, the U.S. EPA issued an emergency suspension of DCPA, citing risks to unborn children.

How Does Dacthal Work?

Dacthal (DCPA) is a pre-emergent herbicide applied to the surface of the soil before weed seeds germinate. It is available in granular or liquid formulations. Upon application, the weed killer forms a protective layer on the soil surface. Uniform soil surface coverage is essential to create an effective barrier against weed germination. Once weed seeds come into contact with the pesticide, they start to germinate and send out roots. The chemical composition of Dacthal inhibits cell division by disrupting the synthesis of microtubules, essential for cell division and proliferation.

By inhibiting root development, weed seedlings are prevented from establishing themselves in the soil and accessing necessary water and nutrients. The lack of root development also impedes shoot growth, which ultimately prevents the weeds from emerging above the surface of the soil. The weed killer primarily affects germinating weed seeds, having minimal impact on established plants and protecting crops or ornamental plants that are desired to be kept.

Dacthal has a relatively long residual activity in the soil which provides for extended weed control, but its effectiveness can be influenced by several factors such as the type of soil, weather conditions, and the presence of organic matter. One of the environmental concerns is that the chemical may leach into groundwater, especially in areas where there are sandy soils or areas with large amounts of high rainfall. Proper application and adherence to usage guidelines are paramount to minimizing risks to the environment.

EPA Emergency Order Bans Dacthal Pesticide Over Health Concerns

On August 6, 2024, the U.S. Environmental Protection Agency (EPA) issued an emergency suspension of all registrations of the pesticide Dacthal (DCPA) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This unprecedented action has not been taken in almost 40 years. The emergency suspension aims to address serious health risks linking the pesticide to changes in fetal thyroid hormone levels, leading to harm to unborn babies. The order comes after multi-year efforts by the Biden-Harris Administration to assess and address the risks posed by pesticides, including requiring the submission of long-overdue data.

According to the EPA, research shows that the weed killer is so dangerous that it requires immediate removal from the market. Pregnant women who were exposed to Dacthal may have unknowingly harmed their unborn babies. Exposure to DCPA has been linked to changes in fetal thyroid hormone levels, which can lead to low birth weight, impaired brain development, decreased IQ, and impaired motor skills. Some of these effects may be irreversible. 

As noted by the EPA, the agency required the maker of Dacthal, AMVAC, to submit over 20 studies, including a critical thyroid study. The manufacturer failed to submit the data by the 2016 deadline, leading to the eventual suspension actions. In May 2023, an EPA assessment found that DCPA posed significant health risks despite protective measures. The most serious risk of harm was to unborn babies with exposures 4 to 20x greater than safe levels. 

In April 2024, the EPA warned about the significant health risks and its intent to take regulatory action, including the potential suspension of all Dacthal registrations. AMVAC had proposed changes, but the EPA found that the health risks were not adequately addressed. Because of the widespread use of the herbicide, risks remain for pregnant women working in or near treated crops or fields. DCPA levels in treated fields can remain unsafe for 25 days or more, and spray drift may pose additional risks for individuals. 

The EPA issued the emergency suspension after determining that DCPA posed serious and imminent harm. The order is effective immediately, noting that there were no mitigation measures that could change the potential harm.

Dacthal Health Effects and Complications

Studies show that exposure to Dacthal (DCPA) could have adverse effects on a person’s health, including thyroid function, and may change fetal thyroid hormone levels in unborn babies, causing long-term problems. Individuals or their loved ones who suffered serious side effects after being exposed to Dacthal are encouraged to contact an attorney and take legal action. 

Health effects and potential complications of Dacthal exposure:

• Hypothyroidism: Decreased thyroid hormone production, leading to symptoms such as fatigue, weight gain, cold intolerance, and depression.
  
• Thyroid Nodules: Increased risk of benign or malignant nodules in the thyroid gland, causing symptoms like a lump in the neck, difficulty swallowing, or voice changes.
• Thyroid Cancer: Long-term exposure may elevate the risk of thyroid cancer, presenting as a neck lump and other related symptoms.
• Goiter: Enlargement of the thyroid gland, resulting in visible neck swelling and potential breathing or swallowing difficulties.
• Autoimmune Thyroid Disease: Triggering conditions like Hashimoto’s thyroiditis or Graves’ disease, causing hypo- or hyperthyroidism due to the immune system attacking the thyroid.
• Altered Thyroid Hormone Levels: Disruption in the normal production and regulation of thyroid hormones, affecting metabolism and overall health.
• Changes to Fetal Thyroid Hormone Levels: Exposure in pregnant women can alter fetal thyroid hormone levels.
• Developmental Issues: Changes to fetal thyroid hormone levels are linked to low birth weight, impaired brain development, decreased IQ, and impaired motor skills, with some effects potentially being irreversible.
• Skin and Eye Irritation: Direct contact can cause redness, itching, and discomfort.
• Respiratory Issues: Inhalation of Dacthal dust or vapors can lead to respiratory irritation, coughing, and difficulty breathing.
• Gastrointestinal Distress: Accidental ingestion can cause nausea, vomiting, abdominal pain, and diarrhea.
• Liver and Kidney Effects: Prolonged exposure may affect liver and kidney function, leading to potential damage or impairment.
• Neurological Effects: High levels of exposure could cause neurological symptoms like headaches, dizziness, and, in severe cases, neurological disorders.

Research Links Dacthal to Cancer, Thyroid Issues, Immunosuppression, and Risks to Unborn Babies

Research has linked exposure to Dacthal to cancer, thyroid issues, and serious risks to unborn babies. In its findings, the EPA determined that one of the most serious risks of harm was to unborn babies, who could suffer developmental delays, lower IQ, low birth weight, and other issues as a result of exposure. Ongoing evaluations have led to increased scrutiny and regulatory actions to mitigate the risk of exposure, particularly to vulnerable populations.

Risks to unborn babies exposed to Dacthal: 

• Fetal thyroid function disruption
• Developmental delays 
• Low birth weight
• Impaired brain development
• Decreased IQ
• Impaired motor skills

The EPA took the nearly unprecedented step of ordering an emergency suspension as a result of the research linking Dacthal to these severe side effects. The EPA’s decision underscores the severity of health risks associated with Dacthal, particularly for pregnant individuals. AMVAC, the maker of Dacthal, refused to provide additional data and studies requested by the EPA to determine the safety risks associated with exposure, including a critical thyroid study. This information is crucial to help protect the health of the public, particularly for pregnant women, developing fetuses, and individuals in high-risk occupations.

Dacthal Linked to T-Cell and Immunosuppression

Studies have shown Dacthal can affect the way the human immune system functions. One such study, published in Toxicological Sciences, examined the effects of 3,4-Dichloropropionanilide (DCPA) on t-cells from mice and humans. The study, called 3,4-Dichloropropionanilide (DCPA) Inhibits T-Cell Activation by Altering the Intracellular Calcium Concentration following Store Depletion, found that exposure to DCPA inhibits T-cell activation. It does this by affecting calcium stores in T-cells. This means that DCPA has the ability to impair immune function in humans. 

The authors of the study said it was clear that exposure to DCPA, “results in a functional consequence to human T cells.” They went a step further, concluding that the changes in T-cell function could have, “serious consequences on human health.”

T-cells are an important part of the human immune system. They are a type of white blood cell called lymphocytes. T-cells help the body fight infection from viruses, bacteria, fungi, and parasites. They are also thought to help the body fight cancer. 

When T-cell function is affected, so is the body’s ability to fight off pathogens and cancers. This means people who are exposed to DCPA/Dacthal could be at risk for many serious health complications. Impaired T-cells may affect the body’s ability to detect and destroy cancer cells, which could lead to an increased risk of cancer. Similarly, people with impaired T-cell function may be at an increased risk of autoimmune disorders.

Occupations Commonly Exposed to Dacthal Herbicide

While the widespread use of the herbicide puts many people at risk of exposure, some occupations put individuals at higher risk. Individuals working in these professions, particularly in the agricultural field, horticulturalists, landscapers, and greenhouse workers, should take precautions to limit exposure and seek medical attention for potential side effects.

Occupations at Higher Risk of Dacthal Exposure:

• Farmers: Planting, cultivating, and harvesting crops where Dacthal is used for weed control.
• Pesticide Applicators: Mixing, loading, and applying Dacthal in agricultural settings.
• Field Workers: Working in fields treated with Dacthal, especially during and immediately after application.
• Nursery Workers: Working in nurseries using Dacthal to control weeds around ornamental plants.
• Landscapers: Maintaining lawns, gardens, and public green spaces where Dacthal may be applied.
• Plant Caretakers: Caring for plants in greenhouses where Dacthal is used to manage weed growth.
• Greenhouse Managers: Overseeing operations and may be involved in applying herbicides.
• Chemical Plant Workers: Producing and packaging of Dacthal and other herbicides.
• Formulators: Mixing and preparing commercial formulations of Dacthal.
• Agricultural Extension Agents and Advisors: Providing hands-on guidance to farmers and agricultural businesses on the use of herbicides, including Dacthal.
• Field Inspectors: Monitoring and inspecting agricultural fields for compliance with pesticide regulations and proper application practices.
• Pesticide Control Officials: Monitoring and regulating the use of pesticides like Dacthal.
• Scientists and Technicians: Studying the effects and efficacy of Dacthal, handling the chemical in controlled environments.
• Gardeners and Homeowners: Using Dacthal in home gardens and lawns for weed control.

Types of Dacthal Exposure

There are several types of Dacthal exposure that could be dangerous to human health. These types include dermal, inhalation, or ingestion. Individuals who are exposed to Dacthal should seek emergency medical treatment for any side effects. . They should also monitor for long-term side effects and contact an attorney if they experience any severe health conditions that may be tied to DCPA. 

Types of Dacthal exposure that may be harmful to human health:

• Dermal (Skin) Exposure: If you handle Dacthal or work in areas where it has been applied, you risk skin exposure. The chemical can be absorbed through the skin, leading to irritation or more systemic effects if exposure is significant.
• Inhalation Exposure: Inhalation of dust or vapors during application, mixing, or handling of Dacthal can lead to respiratory exposure. Symptoms may include coughing, difficulty breathing, and irritation of the nasal passages and throat.
• Ingestion Exposure: This can occur if Dacthal-contaminated hands come into contact with the mouth or if food and beverages are contaminated. Symptoms of ingestion exposure may include nausea, vomiting, abdominal pain, and diarrhea.
• Ocular (Eye) Exposure: During mixing, spraying, or handling, Dacthal dust or spray can come into contact with the eyes, causing irritation or damage. Eye exposure can result in redness, itching, tearing, and, in severe cases, more significant eye injury.
• Environmental Exposure: Dacthal can persist in the environment, leading to potential exposure through contaminated soil and water sources. Long-term environmental exposure can lead to bioaccumulation in the food chain, affecting wildlife and potentially leading to human exposure through the consumption of contaminated food.

About the Maker of Dacthal: AMVAC Chemical Corporation

The maker of Dacthal is AMVAC Chemical Corporation, a subsidiary of American Vanguard Corporation. American Vanguard focuses on the development, manufacturing, and marketing of crop protection and nutrition. It makes specialty products for agricultural and commercial use. The product line of the company includes herbicides, insecticides, fungicides, and other agricultural chemicals. 

The company has faced significant scrutiny from the EPA over the herbicide Dacthal. In 2016, the company failed to submit the required safety data, particularly concerning the weed killer’s effect on thyroid function and fetal risks, causing the EPA to issue a notice of intent to suspend the pesticide in April 2022 and finalized the following year. In August 2023, the EPA suspended the use of technical-grade Dacthal after studies indicated that exposure to the herbicide posed significant risks to fetal development and potentially affects thyroid function at lower doses than previously known. 

The market withdrawal resulted in a prohibition on the sale, distribution, and use of Dacthal (DCPA) technical products while existing end-use products could still be used as labeled. Environmental and farmworker advocacy groups welcomed the decision, citing long-standing warnings about Dacthal’s risks. These groups also criticized the regulatory delay, emphasizing the need for timely responses to health and environmental risks.

Recoverable Damages in the Dacthal Lawsuit

Individuals or their loved ones who suffered adverse health effects after being exposed to Dacthal may be entitled to economic and non-economic damages, including pain and suffering. It is imperative to discuss your case with an attorney to determine the validity of your claim. 

Economic and Non-Economic Damages in a Dacthal Lawsuit:

1. Medical Expenses: Medical expenses such as past and future medical bills, including hospital stays, surgeries, medications, and ongoing treatments. Individuals may also be entitled to compensation for the costs of diagnostic tests, lab work, and specialist consultations.
2. Lost Wages: Compensation for income lost due to inability to work while recovering from illness and future lost earning capacity if the injury results in long-term or permanent disability.
3. Out-of-Pocket Expenses: Aggrieved individuals may be entitled to reimbursements for costs for travel to and from medical appointments and expenses related to home healthcare, medical equipment, and other necessary support services.
4. Pain and Suffering: Compensation for physical pain and emotional distress caused by the illness and treatment. These damages are given in consideration of the severity and duration of the suffering.
   
5. Loss of Consortium: Damages for the negative impact on relationships with a spouse or family members. Compensation for loss of companionship, support, and intimacy.
6. Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy daily activities and hobbies, given in consideration of the impact on overall quality of life.

In some cases, a plaintiff may be awarded punitive damages. Punitive damages are awarded to punish the defendant, AMVAC Chemical Corporation, for particularly egregious or reckless behavior. Additionally, they are intended to deter similar conduct in the future and are awarded in addition to compensatory damages. 

In the event that a person is killed as a result of Dacthal exposure, wrongful death damages may include funeral and burial expenses, loss of financial support, and loss of companionship and guidance.

Eligibility Criteria to File a Dacthal Lawsuit

In order to file a Dacthal lawsuit, individuals must meet certain eligibility requirements, including the ability to provide proof of direct contact or exposure to the chemical. Successful plaintiffs will also have a specific diagnosis of a DCPA-related condition such as cancer or thyroid issues, or fetal abnormalities.

People who have been harmed by Dacthal can work with an attorney to gather documentation to support your case. Here is some of the information that would be examined as part of your lawsuit.

Criteria for Filing a Lawsuit Related to Dacthal Exposure:

• Exposure to Dacthal: Individuals must be able to prove direct contact with Dacthal. Generally, you will need to show that you worked or lived near areas where Dacthal was used, such as agricultural fields, nurseries, and residential areas.
• Proof of Duration and Frequency: Evidence of significant or frequent exposure to establish a credible link to health issues.
• Medical Diagnosis: Confirmed diagnosis of a condition potentially linked to Dacthal exposure, including cancer (particularly thyroid cancer), hypothyroidism, hyperthyroidism, thyroid nodules, or fetal harm (low birth weight, developmental delays, birth defects).
• Causal Connection: Documentation from healthcare providers linking health conditions to Dacthal exposure (medical records, expert testimony, scientific studies).
• Timing: The onset of health issues should align with the period of exposure to Dacthal.
• Statute of Limitations: Must file the lawsuit within the legal timeframe allowed by the state (typically 2 to 4 years from diagnosis or discovery of harm).
• Evidence of Negligence or Liability: Evidence that AMVAC Chemical Corporation did not provide adequate warnings about the risks associated with Dacthal, proof that Dacthal was defectively designed or manufactured, leading to unreasonable health risks, or evidence that the manufacturer failed to conduct proper testing or did not take reasonable steps to ensure product safety.

Evidence to Gather to File the Lawsuit:

Successful Dacthal lawsuits frequently depend on adequate evidence. Evidence in a Dacthal lawsuit may include medical records proving diagnosis and treatment, proof of exposure to Dacthal, and any financial records detailing losses. An experienced attorney can help ensure the proper documentation is gathered to substantiate your claim.

Evidence necessary for a Dacthal lawsuit:

• Employment records: Records of employment showing job descriptions, duties, and periods of employment in environments where Dacthal was used.
• Environmental reports: Environmental reports and studies demonstrating Dacthal presence.
• Purchase and application records: Documents showing that you purchased or applied Dacthal for personal or commercial use. 
• Detailed medical records: Records showing health conditions related to Dacthal exposure, such as diagnostic tests and results confirming medical conditions.
• Expert testimony: Testimony from experts that can link your medical condition with exposure to the chemical or prove the severity of your injuries. 
• Timelines: Documents that correlate your Dacthal exposure to subsequent health issues.
• Other documentation: Additional documents that may help strengthen your case, including product labels and safety data from AMVAC, regulatory documents, personal and witness statements, and financial records documenting expenses and losses related to health conditions.

Statute of Limitations in the Dacthal Lawsuit

Individuals who have suffered adverse health effects after being exposed to Dacthal may be entitled to file one of several different types of legal claims. All legal claims are subject to a state-specific statute of limitations or legal timeframe within which you must file your lawsuit. To determine which claim you should file, it is imperative to speak with a qualified attorney. An attorney can help determine if you meet the eligibility requirements and how to move forward with your case.

Types of Dacthal lawsuit claims and related statute of limitations:

• Personal Injury: Claims related to health issues caused by Dacthal exposure, such as cancer or thyroid problems. The statute of limitations is generally 2 to 4 years from the date of diagnosis or discovery of the injury. 
• Wrongful Death: Claims filed by family members if Dacthal exposure resulted in death. The statute of limitations is typically 1 to 3 years from the date of death.
• Product Liability: Claims against the manufacturer for producing a defective product or failing to warn about the risks. Statutes of limitations are often 2 to 4 years from the date of injury or discovery.

In some cases, the statute of limitations may begin from the date the injury was discovered or should have reasonably been discovered rather than the date of exposure. Additional exceptions or exemptions to the timeline may include tolling provisions, such as if the injured person is a minor or mentally incapacitated. The statute of limitations may also be extended if the defendant concealed the harm or fraudulently misrepresented the risks. It is essential to understand the statute of limitations that may apply to your case to ensure you act within the required timeframe. Failure to file a lawsuit within the statute could result in your claim for damages being denied.

Estimated Dacthal Settlement and Payout Amounts

Dacthal lawsuits are expected to result in settlement amounts ranging from $35,000 to $1 million, depending on the individual circumstances of the case. There are a number of factors that may influence the settlement or payout that you receive. An attorney can help assess your case to determine its potential value. 

Factors Influencing Settlement and Payout Amounts:

• Severity of Injury: There will likely be higher payouts for severe conditions like thyroid cancer, particularly if the prognosis is poor or treatment is extensive.
• Health Impact: The impact of the condition on a plaintiff’s life, such as a diagnosis of hypothyroidism or hyperthyroidism, may also increase the value of the claim. 
• Evidence of Fetal Harm: It is anticipated that there will be higher settlements for claims involving birth defects, developmental delays, and significant impacts on children born to mothers exposed to Dacthal.
• Proof of Damages: Individuals who are able to prove extensive economic and non-economic damages will have a higher case value, which is why it is imperative to collect evidence that may help strengthen your claim. 
• Number of Plaintiffs: Mass tort cases involving multiple plaintiffs can lead to larger total settlements, but individual payouts might be smaller compared to standalone cases.
• Evidence of Negligence: The ability to prove that the maker of Dacthal, AMVAC, was negligent may impact your settlement.

Settlement amounts in Dacthal lawsuits vary widely, influenced by factors such as the severity of health impact, medical expenses, lost wages, and evidence of negligence. Understanding these factors can help you and your attorney build a strong case and seek appropriate compensation for the damages suffered.

How to File a Dacthal Lawsuit

There are several steps that you should follow to file a Dacthal lawsuit. Given the legal requirements, including a limited statute of limitations, it is important to take action as quickly as possible. Waiting to file a claim may bar your right to recovery. An experienced lawyer will help you through each step of the legal process.

Step-by-Step Guide to Filing a Dacthal Lawsuit:

1. Consult with an Attorney: Look for an attorney who is experienced in toxic exposure, personal injury, or product liability cases. Schedule a consultation to discuss your case, assess its merits, and understand the legal process.
2. Gather Evidence: Gather evidence that can help prove exposure to Dacthal and related medical conditions, including employment records showing you worked in environments where Dacthal was used, environmental reports or studies indicating the presence of Dacthal in areas where you lived or worked, receipts of purchase and application records for Dacthal, medical records confirming your diagnosis of cancer, thyroid issues, or fetal harm, diagnostic tests, lab results, and treatment records, and expert medical opinions linking your condition to Dacthal exposure. You will also want to solicit scientific studies and research linking Dacthal to your health condition and a timeline showing the correlation between Dacthal exposure and the onset of your symptoms.
3. Legal Preparation: Verify the statute of limitations for filing your claim in your state to ensure you file within the legal timeframe. Keep records of when you discovered the injury and any related diagnoses. Collect all necessary documents, including medical records, employment records, and any correspondence with regulatory bodies or manufacturers.
4. Filing the Complaint: Work with your attorney to draft a legal complaint outlining your claims, including how Dacthal exposure has caused your health issues. Detail the damages you are seeking, such as medical expenses, lost wages, pain and suffering, and punitive damages. Your attorney will then file the complaint with the appropriate court in the jurisdiction where the exposure occurred or where the defendant (AMVAC Chemical Corporation) is located. Be sure that you or your attorney pay any filing fees required by the court.
5. Serving the Defendant: Ensure that AMVAC Chemical Corporation is formally served with the complaint and a summons to respond. This process typically involves a process server or other legal means to notify the defendant of the lawsuit.
6. Discovery Phase: During the Discovery phase, both parties will exchange relevant information and evidence, including documents, depositions, and expert testimonies. Your attorney will gather additional evidence and witness statements to strengthen your case.
7. Negotiation and Settlement: Engage in settlement negotiations (through your attorney) with AMVAC Chemical Corporation or their legal representatives. Your attorney will advocate for a fair settlement that compensates you for your damages. If necessary, you may need to participate in mediation or arbitration to resolve the dispute outside of court.
8. Trial (if necessary): If a settlement cannot be reached, your case will proceed to trial. Your attorney will present your case, including all evidence and witness testimonies, to a judge or jury. The court will render a verdict based on the evidence presented. If you win the case, the court will award damages accordingly.
9. Post-Trial Actions: Either party may appeal the court’s decision if they believe there were legal errors in the trial process. Your attorney will guide you through the appeals process if necessary.

If you have suffered a side effect after Dacthal exposure it is essential to file your lawsuit within the statute of limitations and keep meticulous records of all evidence, medical treatments, and communications related to your case. Working with an experienced attorney can help you to navigate the complexities of a Dacthal lawsuit effectively.

Contact a Dacthal Herbicide Lawyer

Were you or your unborn baby adversely affected by Dacthal exposure? Contact King Law to discuss whether you have a right to compensation. Our lawyers are well-versed in handling product liability, personal injury, and wrongful death claims. We work tirelessly to hold negligent manufacturers accountable for their wrongdoing. Contact our office today to schedule your free, no-obligation consultation. 

Frequently Asked Questions (FAQs)