The EPA recently took a major step in protecting the rights and safety of farmworkers by banning a popular pesticide called dacthal. This unprecedented action follows research that found dacthal can seriously harm unborn babies when their pregnant mothers are exposed to it.

For too long, farmworkers and others handling dacthal have been kept in the dark about its dangers. Hardworking people, simply just doing their job, unknowingly exposed themselves, and worse, their children, to this harmful pesticide.

At Meshbesher & Spence, we have fought for people who have been wrongly injured for over 60 years. Our team has won over $1 billion for our clients, but more than that, we’ve brought justice and relief to those who deserve it most.

We want to help the families whose children have been robbed of the future they were supposed to have because of dacthal. Reach out to us online or call attorney Tony Nemo at (612) 425-1778 to chat about your options for a DCPA exposure lawsuit.

Were you exposed to the pesticide dacthal while pregnant? If your child from that pregnancy now suffers from health complications, you may qualify for significant financial support to give your child a fighting chance.

About Dacthal

Dacthal, chemically known as dimethyl tetrachloroterephthalate (DCPA), is an herbicide that has been widely used since its approval in 1958.

It is applied in various forms, such as granules, liquids, and powders, to control weed growth in diverse settings.

Dacthal stops weeds from growing by preventing their roots and shoots from developing further. It works by interfering with cell division in the plants, which keeps them from growing.

Where Is Dacthal Used?

Before the dacthal ban, the weedkiller was extremely popular and used throughout the United States. The herbicide was sprayed for agricultural and residential purposes and used for:

Crops, like broccoli, cauliflower, onions, cabbages, strawberries, and brussels sprouts.
Lawns.
Golf courses.
Parks.
Playgrounds.

Dacthal was a staple among farmers, with California growers using a whopping 200,000 pounds of the herbicide between 2021 and 2022 alone. And that’s just one state, but dacthal was used in states all across America.

Products that have DCPA in them include:

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

It’s popular because it sticks around in the soil for a long time, but this can also lead to it lingering around longer than it should, raising concerns about its impact on health.

“I really appreciate how much work was put into helping me. I truly believe they provided me with the best possible outcome for my situation. Staff are friendly and knowledgeable. I was always informed of my options and felt included in the process.”

– Client: Mia Hutchinson

Is There a Dacthal Ban?

Yes, in a surprising move, the Environmental Protection Agency (EPA) ordered the immediate ban of all products containing dacthal on August 6, 2024. This emergency ban highlights the severity of the situation because the EPA hasn’t done something like this in over 40 years.

The Events Leading to the Dacthal Ban

The EPA’s decision to pull dacthal came after a lengthy and drawn-out battle with the pesticide’s current manufacturer, American Vanguard Corporation (AMVAC).

AMVAC repeatedly missed deadlines to provide important safety information on the health effects of dacthal, which the EPA had requested all the way back in 2013.

After the EPA asked AMVAC to submit 20 studies on dacthal, the 2016 deadline came and went while AMVAC had not yet provided any of the data the EPA needed to make an informed decision on the safety of this pesticide.

Only after the EPA threatened to suspend dacthal in 2022 did AMVAC finally give the agency the requested study results in 2023.

What the EPA discovered about this pesticide was alarming.

Injuries Caused by Dacthal Exposure While Pregnant

The EPA resorted to a full-blown ban on dacthal after studies found that the pesticide can disrupt thyroid hormones in unborn babies of pregnant women exposed to dacthal. You may qualify for a DCPA exposure lawsuit if your child has suffered one of the following:

Lower IQ and Weaker Motor Skills: Studies show that being exposed to DCPA can lead to lower IQ and weaker motor skills, which might affect a child’s abilities as they grow up.
Brain Development Issues: Exposure to dacthal during pregnancy can harm brain development, possibly causing learning problems.
Low Birth Weight: Babies exposed to DCPA before birth might be born with a lower birth weight, which can make their development and health more challenging.
Less Bone Growth: Dacthal exposure while pregnant can affect how well new bone is formed, impacting bone development.

Why File a Dacthal Lawsuit

People are filing lawsuits against AMVAC, alleging the company knew or should have known about the hazardous effects of dacthal.

Additionally, the company dragged its feet for over 10 years in delivering the proper studies to the EPA. If the EPA had this information earlier, the agency could have banned dacthal much sooner and potentially saved many women and their unborn children from exposure.

While the company advertised on dacthal labels that workers only had to stay out of treated fields for 12 hours, the studies found that dacthal can remain at unsafe levels for up to 25 days.

Also, even with protective gear and safety measures, dacthal exposure can still be dangerous.

How Do I Know If I Qualify for a Dacthal Pesticide Lawsuit?

Pregnant workers handling dacthal or working in treated areas may be exposed to levels far above what is safe for unborn babies. Risks include:

Direct contact with the pesticide
Residues in fields where dacthal has been used
Spray drift from nearby fields

We also want to note that dacthal exposure can happen in a number of ways. Your exposure could originate from:

Breathing in dacthal dust and vapors when spraying, mixing, or handling the weedkiller.
Touching dacthal or working in areas where it has been used since your skin can absorb it.
Ingesting dacthal if you eat food contaminated with the pesticide or your hands have dacthal on them and you later touch your mouth.
Dacthal dust and vapors enter through your eyes when applying, mixing, or touching dacthal.
Working in areas recently sprayed with dacthal, which lingers in the environment much longer than originally advertised on the label.

If you worked in a place where dacthal was used while pregnant, and your baby has health issues, you might be eligible for legal action. You could have a case if:

You worked directly with dacthal or in areas where it was applied.
Your baby was born with health problems linked to dacthal exposure.

For years, the outdated dacthal warning label and safety assurances tricked pregnant women into a false sense of security. The truth is, while they were told personal protective equipment would shield them and dacthal levels decreased in 12 hours, their babies were exposed to harmful levels that could affect their health and development.

Reach out now to Meshbesher & Spence online or call (612) 339-9121 to take a stand for you and your child’s rights.

What Will a Dacthal Pesticide Lawyer Do for My Case?

Caring for a child with developmental delays or other health issues caused by in-utero dacthal exposure can take up a huge part of your time and energy.

Managing medical appointments, therapies, and daily needs often leaves little room for anything else, let alone a lawsuit. But, when you partner with a lawyer, they can take care of every part of your case, including:

Gathering Evidence: Your lawyer will search for and organize every last bit of documentation needed to support your claim, such as employment history and medical records.
Linking Dacthcal Exposure to Health Issues: It’s not enough to say you were exposed to dacthal. A lawyer will work with medical specialists to trace exactly how dacthal exposure led to your child’s health problems.
Adding Up How Much You’re Owed: Don’t miss out on the full financial support you should receive. A lawyer will carefully calculate how much compensation you deserve for everything from medical bills to lost wages.
Getting Your Lawsuit Started: Your lawyer will handle all the paperwork, make sure everything is done correctly, and file your case before the deadline, so you don’t have to worry about missing your chance at justice and compensation.
Negotiate or Take the Fight to Trial: A lawyer will use their negotiation skills to reach a fair settlement with AMVAC’s legal team, and if the proposed settlement doesn’t meet your needs, your attorney will represent you in court.

Why Your Lawyer Matters: How Legal Help Improves Outcomes

Many people ask themselves, is it really worth hiring a dacthal pesticide attorney? They might feel intimidated or don’t think there’s much value in working with one. However, a 2016 Martindale-Nolo study that surveyed people with personal injury claims shows otherwise because:

Higher Chance of Compensation: Over 90% of people with a lawyer got a settlement or award, while only about 50% of those who didn’t have a lawyer received compensation.
Potentially Larger Settlements with a Lawyer: People with lawyers got on average $77,600, while those without got only $17,600.
Negotiations Bring Better Settlements: 70% of people who negotiated their settlements received $30,700 more on average than those who accepted the first offer from the insurance company.

How Much Is My Case Worth?

Dacthal exposure lawsuits are still in the early stages of litigation. Also, every case is unique and different, so there isn’t a fixed amount you can expect to receive. Your compensation will come down to many factors, such as the extent of your child’s health issues and their impact on your life.

That said, here’s a breakdown of what a lawyer can help you collect in a lawsuit:

Medical Expenses: If dacthal exposure causes health problems for your child, you might be able to get compensation for past and future medical costs. This can include hospital bills, surgeries, medications, and special tests.
Lost Wages: You could get financial support if you have to take time off work to care for your child or if your child’s health makes it difficult for you to keep working.
Pain and Suffering: Compensation may be available for the physical pain and emotional distress your family experiences due to your child’s health issues. This covers the tough times and challenges you’ve faced.
Loss of Consortium: You might receive money for the emotional and physical bond you’ve lost with your child due to their health problems.
Loss of Enjoyment of Life: If your child’s condition affects their ability to enjoy daily activities or hobbies, you could get compensation for how this impacts their and your family’s quality of life.
Wrongful Death: If dacthal exposure leads to a loved one’s death, you may be able to get compensation for funeral costs and other related expenses.
Punitive Damages: In some cases, you might also be able to receive punitive damages. These are meant to punish people or companies, like AMVAC, for their actions and prevent similar harm in the future.

The DCPA Attorneys at Meshbesher & Spence Can Help You

Unfortunately, the dangers of dacthal have been hidden from those who need to know the most. If you were exposed to this harmful pesticide during pregnancy and your child is now facing health challenges, you have every right to take action.

The DCPA attorneys at Meshbesher & Spence have over 60 years of experience guiding people through the tough times following an injury. We’ve handled all types of personal injury claims, from auto accidents to paraquat cases.

With over 1,000 satisfied clients and $1 billion recovered for them, we hope to bring the relief you and your family deserve. Get in touch with us online or call (612) 339-9121 to learn more about your options in a DCPA exposure lawsuit.

FAQs

What Other Injuries Can Dacthal Exposure Cause?

Not only can dacthal potentially cause health problems in unborn children, but studies have linked the pesticide to other health conditions in adults, such as thyroid cancer, liver and kidney damage, hypothyroidism, respiratory issues, and more.

Is There a Deadline for Filing a Dacthal Claim?

Yes, there is a deadline, known as the statute of limitations. This deadline can vary depending on where you live, but it’s usually a few years from the time you discover the harm caused by dacthal. It’s important to file your claim before it’s too late to ensure you don’t miss this deadline. A lawyer will help clarify what the statute of limitations is in your case.

Who Can I Sue in a Dacthal Pesticide Lawsuit?

People are currently filing claims against American Vanguard Corporation (AMVAC), the current manufacturer of dacthal. Originally, ISK Biosciences manufactured dacthal but stopped in 1998. AMVAC resumed production of the weedkiller in 2001.

How Much Will I Have to Pay to File a Case?

We have made it our sole mission to help people. To ensure that we can do that for as many people as possible, our firm works on a contingency basis, meaning that you won’t pay anything unless we win. That means absolutely no upfront fees. Contact us online or call (612) 339-9121 to learn more.

Dacthal Pesticide Lawsuit: DCPA Exposure During Pregnancy

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