Dacthal Lawyers – DCPA Pesticide Lawsuit

The Collins Law Firm is pursuing DCPA lawsuits in response to the EPA’s emergency order banning Dacthal (DCPA) due to the pesticide posing a severe risk of harm to children whose mothers were exposed during pregnancy. We are actively investigating claims from women who were exposed to Dacthal while pregnant and gave birth to children who were harmed in utero by the herbicide.

If you were exposed to the Dacthal (DCPA) while pregnant, either through applying the herbicide on fields, working in the fields after it was applied, or living near fields sprayed with Dacthal, and gave birth to a child with decreased I.Q., impaired brain development, or impaired motor skills, you and your child may be entitled to compensation.

At The Collins Law Firm, our environmental attorneys have been representing the victims of toxic chemical contamination for over twenty years. And we have recovered over $160 million for clients who have been made ill by toxic substances like TCE, PCE, ethylene oxide, asbestos, and vinyl chloride. We have the resources and the experience to help you, too. Call us at (630) 527-1595 or fill out our contact form for a FREE evaluation of your Dacthal case. You have nothing to lose since you won’t pay us anything unless we are able to collect a recovery for you.

Women who were exposed while pregnant to Dacthal (DCPA)--an herbicide widely used in agriculture and landscaping, on golf courses and athletic fields—and their children may have a legal claim against the manufacturer if the child is suffering from health issues linked to the chemical. The EPA has determined that exposure to Dacthal can pose serious health risks to babies in utero, including:

• Cognitive impairments and decreased I.Q.
• Impaired brain development
• Impaired motor skills
• Decreased bone deposition
• Low birth weight

Exposure to DCPA may result in lifetime developmental challenges and permanent injury.

This risk is greatest for pregnant farmworkers who have worked on farms and/or lived near fields where DCPA has been extensively applied. In fact, according to EPA estimates, pregnant women handling DCPA products may have been exposed at levels up to 20 times higher than what is considered safe for unborn babies. Moreover, these women were likely unaware of the exposure or the danger it posed. And many of these health effects may not be evident until years after exposure.

Pregnant women whose babies were harmed by Dacthal may have been exposed to the pesticide in several ways. Exposure possibilities include:

1. Occupational Exposure: Pregnant farmworkers, landscapers, sod farm or plant nursery workers, and others who handle or apply DCPA-containing products are at the highest risk.
2. Vegetable Farming: Pregnant women who have worked on farms growing the following vegetables which are commonly sprayed with Dacthal may be eligible to file a lawsuit:
   1. Onions/scallions/leeks/shallots
   2. Cabbage/Chinese cabbage
   3. Cauliflower
   4. Broccoli/broccoli raab
   5. Brussels sprouts
   6. Kale/collard greens/mustard greens
   7. Strawberries
   8. Melons (watermelon, cantaloupe, honeydew)
   9. Sweet potatoes
   10. Tomatoes
   11. Eggplant
   12. Bok choy
   13. Radishes
   14. Horseradish
   15. Turnips
   16. Kohrabi
   17. Cassava
   18. Turmeric
   19. Arrowroot
   20. Taro
3. Residential Exposure: Individuals living near agricultural fields or areas where DCPA is used may be exposed to the chemical through drift during spraying or through contaminated soil or water.
4. Recreational Exposure: People using public spaces like golf courses, parks, or sports fields where DCPA has been applied may come into contact with the chemical.
5. High-Use Areas in California DCPA has been extensively used in several counties in California known for their agricultural production. In fact, one study conducted by the University of California at Berkeley found that over 50% of teenage girls living in farming communities in California’s Salinas Valley had been exposed to DCPA. If you live or work in any of these counties, you may have been exposed to DCPA:
   1. Monterey County
   2. Imperial County
   3. Ventura County
   4. Fresno County
   5. Riverside County
   6. Santa Barbara County
   7. San Luis Obispo County
   8. Kern County
   9. San Bernardino County
   10. San Benito County
   11. Stanislaus County
   12. Santa Clara County

In addition, the following states recorded the highest Dacthal use:

1. California
2. Arizona (especially Yuma County)
3. Nevada
4. New Mexico
5. Washington
6. Oregon
7. Idaho
8. Colorado
9. Texas

The EPA Has Issued an Emergency Suspension of Dacthal

In an almost unprecedent move, the Environmental Protection Agency (EPA) issued an emergency order on August 6, 2024, suspending all uses of Dacthal, a weedkiller containing the active ingredient dimethyl tetrachloroterephthalate (DCPA). The order was issued due to the serious danger that Dacthal poses to the fetuses of expectant mothers exposed to the chemical. The suspension is an immediate measure to prevent further harm, while the agency moves to implement a permanent ban on DCPA, a process that could take months or even years.

The EPA's emergency action follows years of mounting evidence linking DCPA to serious health risks, particularly for unborn children. The agency's decision was driven by findings that exposure to DCPA can lead to changes in thyroid hormone levels in pregnant mothers, which in turn can cause irreversible health effects in their babies. These effects include low birth weight, impaired motor skills, decreased IQ, and impaired brain development.

The EPA expressed concern not only for pregnant women applying the herbicide but also for pregnant workers in fields where Dacthal had already been applied. Although Dacthal’s label advises avoiding treated fields for 12 hours after application, the EPA’s research indicated that DCPA levels often remain unsafe for at least 25 days. Additionally, the risk of exposure through spray drift, where pesticides are carried by the wind to unintended areas, posed further threats.

The EPA suspension represents a critical step in protecting public health, particularly for vulnerable populations such as pregnant women and farmworkers.

Dacthal (DCPA) is an herbicide that has been used since 1958 to prevent the growth of weeds and grasses in fields where vegetables, turf, and other crops are cultivated. It appears as colorless, odorless crystals with slight solubility in water. Despite its widespread use, DCPA has raised significant concerns about its potential impact on both health and the environment.

Environmental groups have long raised alarms about DCPA, pointing to studies from the 1980s that suggested the herbicide could cause cancer and disrupt thyroid function. These early findings, supported by both government and independent research, highlighted the risks DCPA posed, especially to vulnerable populations such as pregnant women and farmworkers. Despite these warnings, DCPA remained on the market for decades, with environmental activists consistently urging the Environmental Protection Agency (EPA) to take action.

In 2013, the EPA itself raised concerns about DCPA, questioning its safety for human use. The agency requested that AMVAC Chemical Corp., the sole producer of DCPA, provide evidence to support the herbicide's safety, including a comprehensive study of the effects of DCPA on thyroid development and function in adults and in developing babies before birth. However, much of the research provided by AMVAC was found to be insufficient. Despite a deadline of January 2016, AMVAC failed to provide several key studies, including a thyroid study, until August 2022—six years late. When the EPA finally assessed the thyroid study in May 2023, it found significant health risks associated with Dacthal's use, even when personal protective equipment was employed. The most alarming risks were to unborn children, with the EPA estimating that pregnant people exposed to DCPA could absorb four to 20 times the amount deemed safe.

The culmination of these concerns and ongoing scrutiny from environmental organizations led to the emergency order suspending the sale or use of DCPA. This order marks a significant step in protecting public health, particularly for those most at risk from exposure to this controversial herbicide.

Following your initial consultation, we will spring into action to determine if you have a Dacthal claim. If you do, we will begin the process of protecting your legal rights and fighting for you. Our environmental lawyers will:

1. Investigate: We will thoroughly examine the facts of your case, including studying your child’s medical records and determining occupational and residential exposure.
2. Work with experts: In every toxic tort case, we work with recognized experts in the fields of toxicology, medicine, and environmental science to prove causation and build a case capable of winning in court.
3. File a Lawsuit: If your case is accepted, we will file a lawsuit against AMVAC Chemical Corporation in the appropriate court, and within the allowed statute of limitations.
4. Conduct discovery: After filing your case, we will depose witnesses and collect the evidence necessary to win your Dacthal lawsuit.
5. Negotiate on your behalf: Most toxic tort cases like this are resolved after lengthy negotiations and have resulted in an acceptable settlement for the victim. You can count on us to negotiate fiercely on your behalf, fighting get you the best possible settlement.
6. Go to Trial if warranted: If an acceptable settlement with AMVAC cannot be reached, we will go to trial to fight for you in court. It is in the courtroom that our experience and preparation truly work for you.

Dacthal is a dangerous pesticide, specifically when it comes into contact with unborn children. Studies conducted as far back as the 1980’s raised alarm over the possible negative effects on thyroid function, especially in vulnerable populations like pregnant women and farmworkers. Yet, when the EPA asked for proof of the pesticide’s safety, AMVAC dragged its feet for almost 9 years, during which time more unborn children and their mothers were exposed to the pesticide.

Our environmental lawyers have years of experience suing big corporations and winning for clients suffering due to toxic chemicals. We will take on AMVAC, too, making them take responsibility for any harm they may have caused and fighting for the children who are the innocent victims of this company. If you were exposed to Dacthal while pregnant and have a child who has developmental delays, cognitive impairment, or impaired motor skills, call us at (630) 527-1595 or fill out our contact form so we can get you and your child the justice you deserve.

Read the EPA's emergency order suspending Dacthal here: https://www.federalregister.gov/documents/2024/08/07/2024-17431/pesticides-emergency-order-suspending-the-registrations-of-all-pesticide-products-containing