JPML Sends Herbicide Liability Litigation To Illinois

The Judicial Panel on Multidistrict Litigation recently sent dozens of lawsuits to Illinois as a consolidated paraquat MDL against Syngenta and Chevron.

Plaintiffs motioned for consolidation of fourteen related lawsuits pending in six different federal district courts and 77 other lawsuits which could be potentially related. According to the plaintiffs, a paraquat MDL would make it easier to try dozens of pending lawsuits against Syngenta and Chevron without the time, effort, and expense of trying each case individually.

Plaintiffs suggested several districts to centralize the cases within, including districts in Illinois, California, Alabama, Minnesota, Mississippi, Missouri, and Pennsylvania. In the end, the MDL panel decided to send the consolidated cases to the Southern District of Illinois based on several factors.

“While any number of proposed transferee districts could ably handle this litigation, we are persuaded that the Southern District of Illinois is the appropriate transferee district for these cases,” the panel wrote in its transfer motion.

“Illinois ranks in the top five states in paraquat usage. According to counsel for plaintiffs, paraquat litigation has been proceeding in Illinois state court for several years, and the most advanced state court action […] is nearing trial.”

The panel agreed that centralizing the lawsuits in will “promote the just and efficient conduct of the litigation.” As the cases progress through court, consolidation will allow U.S. District Judge Nancy J. Rosenstengel and counsel for both sides to do discovery, establish common facts between cases, and conserve resources for all parties.

A paraquat MDL also eliminates the risk of inconsistent ruling across many districts. When different court districts try similar lawsuits, judges may come to widely different conclusions. In certain districts, lawsuits may result in massive jury awards while, in other districts, cases with similar facts could be dismissed before making it to trial. Consolidation allows for consistent rulings.

Plaintiffs in the newly consolidated paraquat MDL claim that the herbicide causes Parkinson’s disease. Parkinson’s is a degenerative neurological disease which causes tremors, muscle rigidity, and other impairments. As the disease progresses, nearly the entire body can be affected—leaving patients bedridden or wheelchair bound.

A 2011 study from the National Institutes of Health (NIH) found that farmworkers exposed to paraquat were 2.5 times more likely to be diagnosed with Parkinson’s disease. Several other studies since then have corroborated these results, leading consumers and advocates to ban the use of Paraquat.

The EPA designated paraquat as a restricted use herbicide in 2016, meaning that only certified users can apply the chemical in agricultural and commercial settings. However, this may still put farmworkers at risk for Parkinson’s disease, according to plaintiffs.

Plaintiffs in paraquat lawsuits allege that manufacturers Syngenta and Chevron failed to warn users of the risks for Parkinson’s disease, despite studies showing the risks for neurological disease. As a result, affected consumers argue that the companies should compensate them for their disabilities.

The Paraquat MDL is In re: Paraquat Products Liability Litigation, MDL No. 3004, in the U.S. District Court for the Southern District of Illinois.