Over the years there have been numerous instances of people being affected negatively due to handling, using, and coming in close contact with paraquat herbicide. This has prompted a series of regulations and classifications, but unfortunately, people are still suffering from new cases of health implications because of paraquat.
In this article we will look closer at the different regulations in place, as well as what individuals who suffer from paraquat poisoning can do, in order to seek justice, compensation and how they can help force manufacturing companies to provide adequate warning and possibly even discontinue the dangerous chemicals.
About paraquat regulations
The statewide U.S. Environmental Protection Agency (EPA), has classified paraquat as a “Restricted Use Pesticide (RUP)”, meaning that the purchase, distribution and use are limited to certified applicants, who will have undergone specialized training and certification.
These restrictions are making use of regulatory designation aims, in order to minimize the risk of paraquat exposure and promote safe handling practices.
Such practices include labeling requirements, as mandated by the EPA, meaning that all paraquat products needs to have proper instructions. This involves companies needing to clearly display information about proper use, protective measures, application rates, restricted entry intervals, and first aid instructions.
Individuals who work with paraquat in a professional setting, must also complete a certified applicator training program, to ensure competent handling and application. At the same time, applicators are also required to keep extensive records, which includes dates, locations, amounts of paraquat used and many other details.
Using mass torts to improve regulations
While the current regulations have certainly helped limit the scope of individual injuries and health related incidents, we are unfortunately still seeing new cases nationwide, even though the general public are not able to purchase or use paraquat, and professionals are required adequate training.
This has led to many individuals suing the companies, and one legal course of action that has proven successful is the so-called mass torts. These lawsuits are combined the cases of multiple individuals for some aspects of the proceedings, while still keeping the rulings and compensation based on the individuals need and results.
This is because mass torts are working on an individualized approach, and any skilled law firm, such as Shamis & Gentile, P.A., will recognize and work with the specific circumstances for each individual case, while still managing to cut down costs and speed up the process by combining multiple cases into a mass tort lawsuit.
This has several benefits, as you will be treated as a unique clients, and your medical history, condition and compensation will be taken into account when negotiating settlements or going to trial, meaning you can expect a more fair ruling compared to class action lawsuits, where all involved parties typically share an equal amount.
It is important to choose the correct law firm however, as expertise with mass torts is crucial in order to ensure your best chances, since there are many legal complexities and challenges associated with this form of large-scale litigation. If you have been affected by paraquat exposure and are seeking legal recourse, please contact Shamis & Gentile, P.A. today for a free case evaluation. We have extensive experience in handling complex cases involving harmful products, and can offer dedicated legal representation to individuals impacted by paraquat.
