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Alabama Paraquat Lawsuit Attorney

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Paraquat, an herbicide known for its extreme toxicity, has remained a source of concern. Despite being banned in thirty-two countries, Paraquat is still used by commercially licensed individuals in the United States. Shockingly, its usage has surged by nearly 200 percent since 2009, resulting in severe consequences, including an elevated risk of Parkinson’s disease for those exposed.

As the paraquat class action lawsuit advances, individuals affected by paraquat exposure need to be familiar with their legal options and the possible results of their case.

If you have been exposed to Paraquat and diagnosed with Parkinson’s Disease, Schmidt & Clark, LLP, is here to offer our support. As a nationally recognized plaintiff’s law firm, our primary focus is ensuring you receive the justice and compensation you rightfully deserve.

Alabama Paraquat Lawsuit

An Alabama Paraquat lawsuit is a legal action taken against the manufacturers of the highly toxic herbicide Paraquat, which has been linked to an increased risk of developing Parkinson’s disease in Alabama.

The Environmental Protection Agency (EPA) has been involved in regulating Paraquat usage. Still, the responsibility of warning consumers about possible health risks associated with the product falls on the manufacturers, such as Syngenta [1].

The company is expected to make sure that adequate safety measures are in place. Alabama Paraquat lawyers remain committed to bringing these manufacturers to account for their actions while assisting their clients in obtaining deserved compensation.

Does Paraquat Cause Parkinson’s Disease?

Paraquat does cause Parkinson’s disease. Long-term exposure to Paraquat has been found to cause serious and permanent damage to the mitochondria of cells, leading to oxidative stress – a major risk factor in developing Parkinson’s disease [2]. Several studies have been conducted to examine the link between Paraquat exposure and Parkinson’s.

Moreover, farmers who mixed or applied Paraquat had a much higher risk of developing Parkinson’s disease – about double the risk compared to those not exposed to the herbicide. In some cases, Paraquat exposure increased the risk of Parkinson’s disease by 150 percent. Californians who were exposed at a younger age had an extremely high risk. Their risk level ranged from 200-600% [3].

“People who used either pesticide developed Parkinson’s disease approximately 2.5 times more often than non-users.” – National Institutes of Health

Stages of Parkinson’s Disease

Parkinson’s disease is a progressive condition that affects movement. It is categorized into five stages, each one based on the severity of the individual’s symptoms. In the early stages, symptoms may include [4]:

  • tremors
  • stiffness
  • difficulty walking
  • impaired balance

As the disease progresses, these symptoms can worsen, leading to more severe manifestations such as loss of motor control and rigid muscles. Individuals who are developing Parkinson’s disease or have already developed Parkinson’s disease often experience a decline in their quality of life as they navigate through these stages.

For those affected by Paraquat exposure, recognizing the stages of Parkinson’s disease becomes vital as it aids in monitoring their condition and seeking apt treatment as the disease advances. Early intervention and management of symptoms can improve the quality of life for those living with Parkinson’s disease.

Symptoms of Parkinson’s Disease

Common symptoms of Parkinson’s disease usually start gradually with a barely noticeable tremor in just one hand. Tremors are a common occurrence. People with the disorder may also experience:

  • Stiffness or slowed movement
  • Lack of expression on their face
  • Arms not swinging when walking
  • Soft or slurred speech

As the condition progresses, Parkinson’s disease symptoms will become more severe, affecting an individual’s ability to perform daily tasks and significantly impacting their quality of life.

Paraquat Lawsuit Updates

There has been a lot of activity in the Paraquat litigation recently. Here are some updates:

  • Forty-four new cases have been transferred into the MDL.
  • Plaintiffs’ attorneys have gained access to deposition transcripts from Syngenta corporate witnesses.
  • A non-profit foundation has filed a lawsuit.
  • The first trial is set to start on November 15, 2022, and the parties are working hard to prepare for it.

Sixty-nine new cases have been added to the Paraquat MDL over the past month, and 16 cases have been selected for the initial round of bellwether trials. The first bellwether trial has been rescheduled to October 2023, and nearly 100 new lawsuits have entered the MDL over the past six months, with around 200 new Paraquat plaintiffs joining the litigation in the past two weeks [5].

Paraquat Lawsuit Settlement Amounts

The settlement amounts for successful Paraquat lawsuits can vary widely, but experts estimate that they could range from $100,000 to $500,000, depending on the severity of the injuries. In some Alabama Paraquat lawsuits, settlements have been reported as high as almost $200 million.

The smaller scale of the Paraquat litigation compared to other mass tort cases makes it easier for defendants to manage payments, which could potentially result in higher settlement amounts for plaintiffs. These settlements aim to compensate the victims of exposure for their:

  • medical expenses
  • lost wages
  • pain and suffering
  • Other damages resulting from their Parkinson’s disease diagnosis.

Compensation Expectations in Alabama Paraquat Lawsuits

Compensation in Alabama paraquat lawsuits relies on factors such as injury severity, medical expenses, lost wages, and pain and suffering.

While substantial compensation is possible for conditions like Parkinson’s due to paraquat exposure, it’s essential to understand that each case is unique, and outcomes vary. To get an estimate of potential compensation, it’s advisable to consult with an experienced paraquat lawyer.

These key factors play a role in determining compensation: injury severity, medical costs, lost wages, and addressing the physical and emotional distress from injuries, known as pain and suffering.

Who Is Eligible For A Paraquat Lawsuit In Alabama?

Alabama residents and family members of those who developed Parkinson’s disease due to Paraquat exposure may be eligible to recover compensation through a Paraquat lawsuit.

Alabama farmers, yard care workers, and others diagnosed with Parkinson’s after being exposed to Paraquat can seek the help of a Paraquat lawsuit attorney, such as Alabama Paraquat attorneys, who specialize in handling these complex cases.

What Is the Statute of Limitations for Paraquat Lawsuits in Alabama?

The statute of limitations for Paraquat lawsuits in Alabama is generally two years from when you discovered your Paraquat injuries. This deadline ensures that lawsuits are submitted promptly and that evidence remains recent and accessible for courtroom proceedings.

There are some exceptions to the statute of limitations, such as the “discovery rule,” which extends the deadline for filing a case due to the time it takes to realize the harm or injury [6].

Timeframe for Filing a Claim

The specific timeframe for filing an Alabama Paraquat Parkinson’s lawsuit is generally two years from the time of your Parkinson’s diagnosis. It’s important to follow this timeframe because not doing so may mean you can’t seek compensation for your losses.

Exceptions to the Statute of Limitations

There are circumstances under which the statute of limitations for filing a Paraquat lawsuit may be extended. One such exception is the “discovery rule,” which allows for an extended deadline if the harm or injury is not discovered until a later date.

Other exceptions to the statute of limitations may include legal disability due to infancy or mental incapacity when the cause of action arises or certain crimes like sex offenses involving minors or violent crimes like kidnapping or arson, which have no statute of limitations.

Filing an Alabama Paraquat Lawsuit

To file an Alabama Paraquat lawsuit, you need to:

  1. Consult with a skilled attorney who has specialized in Paraquat lawsuits.
  2. They can provide legal advice and walk you through the steps of filing a lawsuit.
  3. Ensure that your case is filed within the appropriate timeframe.

Pre-Trial and Discovery Phase

During the pre-trial and discovery phase, both parties will work to gather evidence and prepare for trial. This process involves exchanging information and documents, taking depositions, and requesting the production of documents from the other party.

The court plays an essential role in the pre-trial and discovery phase, issuing orders to make parties produce documents or answer questions and setting deadlines for completing the pre-trial and discovery process. This phase can take several months to complete, depending on the complexity of the case.

FAQs

What kind of compensation can I receive from a Paraquat lawsuit?
Compensation from a Paraquat lawsuit can include medical expenses, lost wages, pain and suffering, and other related costs. An attorney can help evaluate the potential compensation based on your specific case.

How do I prove that Paraquat caused my health issues?
Proving that Paraquat caused your health issues involves medical records, documentation of exposure, and expert testimony linking the herbicide to your condition. An attorney can assist in gathering and presenting this evidence.

Are there any costs associated with filing a Paraquat lawsuit?
Many attorneys work on a contingency fee basis for Paraquat lawsuits, meaning you only pay if you win your case. This arrangement allows you to pursue justice without upfront legal fees.

See all related toxic tort lawsuits our attorneys have covered.

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Have you or a loved one been injured or exposed to a toxic chemical at work or in the home that has caused a severe life-threatening side effect, illness, disease, or death?

Book a Free Consultation With an Alabama Paraquat Lawyer

At Schmidt & Clark, LLP we’re here to support you during your time of need. If you or a loved one has experienced health issues due to Paraquat exposure, please don’t hesitate to reach out to us. Our Alabama Paraquat Parkinson’s lawyers possess extensive expertise in handling such cases, and we’re prepared to assist you at every stage.

You deserve to be informed about your rights and the possibility of pursuing a lawsuit. With us, initial consultations are always free, and you won’t incur any costs unless we successfully resolve your case. Our dedication is to serve you with the same care and commitment we would provide to our family members.

Contact Schmidt & Clark today for a thorough case evaluation. Let us be your trusted partner on this journey.

Reference:

  1. https://www.epa.gov/ingredients-used-pesticide-products/paraquat-dichloride
  2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
  3. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
  4. https://www.mayoclinic.org/diseases-conditions/parkinsons-disease/symptoms-causes/syc-20376055
  5. https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_Actions_Pending-August-15-2023.pdf
  6. https://www.sciencedirect.com/topics/social-sciences/statute-of-limitations

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