The paraquat lawsuit continues to evolve, with new cases and legal decisions impacting those affected by the commercial-strength herbicide. This blog provides a detailed overview and the latest updates on significant developments in the litigation.

What is paraquat?

Paraquat dichloride, commonly referred to as paraquat, is one of the most commonly used herbicides in the United States. First introduced in 1964, and re-registered 1997, this chemical has long been used to control unwanted vegetation on farms. Due to its toxic nature, the Environmental Protection Agency (EPA) has classified paraquat as a “restricted use” herbicide, meaning only licensed farmers are permitted to purchase, handle, and apply it.

Who are the paraquat defendants?

The primary defendants in the ongoing paraquat cases are Syngenta and Chevron, Inc. A significant lawsuit involves a multidistrict litigation (MDL) targeting Gramoxone, a paraquat-based product developed by Syngenta and distributed in the U.S. by Chevron. The plaintiffs in this MDL claim that exposure to Gramoxone caused Parkinson’s disease in individuals who worked with or applied the herbicide.

What is the paraquat lawsuit?

A growing body of evidence has linked paraquat exposure to Parkinson’s disease, a neurodegenerative disorder that mainly affects the dopamine-producing neurons in a specific part of the brain. Individuals with Parkinson’s often experience symptoms such as tremors and limb stiffness, along with non-motor issues including depression, anxiety, and fatigue.

The paraquat lawsuit centers around the herbicide’s potential role in causing or contributing to Parkinson’s disease. Those who have been exposed to paraquat are at risk of developing these life-altering health conditions. The lawsuit aims to hold manufacturers accountable for the harm caused by exposure and seeks compensation for affected individuals.

What are recent key developments?

Broughton Partners Take: The first of four bellwether trials is scheduled to begin at the end of March 2025 in Philadelphia. These plaintiffs have their own expert that is not the one excluded by the court. The first trial case was generated by Broughton Partners and we expect it to settle before it goes to trial and potentially the entire Philadelphia docket.

December 2024: Judge in CA Rejects Testimony
Judge Charles Treat, who is overseeing Paraquat cases at the state level in California, has excluded expert testimony from Dr. Martin Wells. The plaintiffs were relying on Dr. Wells as their general causation expert. He had already been excluded from the federal consolidated lawsuits filed in Illinois.

October 2024: Cases Selected for Discovery
The judge in the Paraquat multidistrict litigation (MDL 3004), Nancy J. Rosenstengel, issued a court order on October 31. The order identified two individual lawsuits that will be part of the group of ten cases moving to the discovery phase.

September 2024: Syngenta Loses PA Jurisdiction Fight, Faces Ruling on Insurance Coverage
Syngenta filed a motion in a Philadelphia state court, arguing that the majority of plaintiffs in the paraquat lawsuits are not from Pennsylvania and therefore should not be allowed to file there. At the heart of the issue is Pennsylvania’s “consent by registration” statute, which allows companies registered to do business in the state to be sued there, even by out-of-state plaintiffs. Syngenta claimed this law could be unconstitutional, despite a recent Supreme Court ruling upholding it. The Pennsylvania Superior Court rejected Syngenta’s argument, a win for plaintiffs’ attorneys who are now preparing for the first paraquat trial scheduled for April.

A Delaware judge has also ordered two companies involved in paraquat lawsuits, including Syngenta, to release certain legal documents related to the cases. However, only those that exclude legal advice from their law firm need to be provided. The companies are in litigation with insurers, such as Hartford and Travelers, over defense cost coverage. The insurers had requested access to documents tied to the Paraquat lawsuits, but Syngenta initially withheld them, citing attorney-client privilege. This ruling is significant since the more insurance coverage available, the greater the potential for a favorable settlement.

August 2024: New Bellwether Cases
The paraquat Multidistrict Litigation (MDL) continues to evolve with significant recent updates. MDL Judge Rosenstengel selected 10 new bellwether cases set to begin in 2025, following the dismissal of the first four bellwether cases due to the exclusion of a key plaintiff expert. The Plaintiffs’ Committee provided a status update, highlighting the selection of these new plaintiffs and ongoing case-specific discovery efforts.

July 2024: Lawsuit Dismissals, New Filings, and Subpoena Quashing
In July, a federal judge in Texas quashed a subpoena from paraquat plaintiffs seeking discovery from Texas state agencies, citing the principle of “sovereign immunity.” Meanwhile, three new lawsuits were filed in the MDL, including one by a Pennsylvania farmer who alleges that paraquat exposure from 1976 to 1996 was the cause of his Parkinson’s disease.

Another notable development was the dismissal of 74 paraquat lawsuits within the MDL, signaling that discussions around a potential global settlement may be gaining traction. The first trial in Philadelphia state court is scheduled for April 2025, but many expect settlements before the trial begins. Additionally, three more trials are set to commence in the Philadelphia Court of Common Pleas that same month.

Where is paraquat used?

Paraquat is primarily used on farms to kill grass, weeds, and other unwanted plant growth. Because of its hazardous properties, it can only be handled by licensed professionals. The EPA mandates that those who work with paraquat must follow strict guidelines to reduce the risk of exposure. Despite these precautions, paraquat remains a significant concern due to its impact on human health. A single sip can be fatal and there is no known antidote.

What are common forms of exposure to paraquat?

Exposure to paraquat can occur in several ways, including:

  • Swallowing
  • Skin contact
  • Inhaling vapors
  • Ingesting contaminated food and drink

The widespread application of paraquat has sparked growing concerns, particularly in rural areas where its use is more prevalent. People living near industrial farms, children attending schools in rural areas, and even golfers playing on courses treated with paraquat may have been unknowingly exposed to the herbicide.

What are common herbicides that contain paraquat?

Several herbicides on the market contain paraquat as a key ingredient. These include popular products such as:

  • Gramoxone
  • Blanco
  • Devour
  • Firestorm
  • Helmquat
  • Para-Shot 30
  • Parazone
  • Tota-col

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