Factors Affecting Paraquat Lawsuit Settlement Amounts for Parkinson’s Disease

Factors Affecting Paraquat Lawsuit Settlement Amounts for Parkinson’s Disease Paraquat dichloride is a toxic chemical substance used as an herbicide in the United States and throughout the world. Farmers and the agriculture industry as a whole have relied on the herbicide Paraquat, as a weed killer since the 1960s. Although many countries have banned its use, the U.S. still allows Paraquat use as long as manufacturers and users comply with certain rules. The Environmental Protection Agency (EPA) designates Paraquat as "restricted use." In other words, one has to be a licensed applicator. This is based on the level of Paraquat's toxicity and the dangers associated with occupational exposure to this herbicide. Unlike Roundup, Paraquat is utilized solely by licensed applicators. Agricultural workers often suffer through prolonged exposure to Paraquat. Even with protections, agricultural workers and those who consume fruits, vegetables, and grains treated with this hazardous substance risk exposure. Numerous studies have linked Paraquat to adverse health effects, including the increased risk of developing Parkinson's disease. This is at the heart of a Paraquat class action lawsuit.

Paraquat Parkinson's Disease Lawsuit

Parkinson's disease is a devastating condition that has a lifelong impact on individuals and their families. Paraquat manufacturers were well aware of the increased risk and link to Parkinson's disease based on scientific studies and medical evidence. Read More: How Long Have the Makers of Paraquat Known It Causes Parkinson's? All Paraquat lawsuits filed in Federal Court have been consolidated in one jurisdiction before a single Judge in a process known as multi-district litigation (MDL). Thus, over 2000 Paraquat lawsuits (as of 10/15/22) have been consolidated before Judge Nancy Rosenstengel (Paraquat MDL Judge) in U.S. District Court for the Southern District of Illinois. The Paraquat MDL was created in June of 2021. We will cover the Paraquat MDL in greater depth later in this article.

Paraquat Lawsuit Settlement Amounts

Paraquat lawsuit settlement amounts for Parkinson's disease patients vary greatly. Each claim is different, and those who develop Parkinson's disease suffer different symptoms and face different consequences for their condition. If you have developed Parkinson's disease from Paraquat exposure, you deserve financial compensation from the negligent manufacturer responsible for developing and selling the toxic substance. Several factors impact the settlement amount of a Paraquat Parkinson's disease lawsuit. For instance, a key factor is how advanced the brain disorder is and whether the victim requires assistance in performing their daily expenses. The severity of this insidious disease will be a driving factor in the range of Paraquat lawsuit settlement amounts. Further, the anticipated future costs of medical expenses is another factor in determining the average Paraquat settlement amount.

Anticipated Settlement Range for Paraquat Parkinson's Disease Lawsuit

The progression of your Parkinson's disease and the way it's impacted your life coupled with the economic loss you've faced as a result of developing Parkinson's help determine the value of the claim.  While it is still premature to accurately predict a settlement amount, we anticipate Paraquat settlements will range from $250,000.00 to over $1,000.000.00. However, Paraquat litigation is proceeding slowly as is typical of an MDL.  We do not expect the defendants (Paraquat manufacturers) to make settlement overtures for at least ten months as Judge Rosenstengel has moved the first bellwether trial to what likely will be late summer of 2023 (the trial date has not been announced). In fact, the first bellwether trial was originally slated for November 15, 2022. There will be a total of six bellwether trial cases.  Bellwether trials help illustrate how a jury will view the evidence presented regarding the link between Paraquat exposure and Parkinson's disease. Based on previous mass tort actions, settlement efforts will often begin right after the first two to three bellwether trials based on the success of either side.

How Settlement Compensation is Determined

A Paraquat attorney will rely on various methods to place a monetary value on your claim, including easily quantifiable amounts from medical bills and payroll information along with reviewing past similar (Roundup) cases. Your lawyer might enlist the help of medical experts and life care planners to help place a value on specific costs related to your treatment and care for Parkinson's disease. Although your Paraquat lawyer will spend time and resources placing the most accurate value on your claim, they cannot guarantee a specific settlement amount for your case. When a case settles before a jury trial, both sides must give in a bit to offset the risk of trying the case. However, the serious and incurable nature of Parkinson's disease typically leads to higher settlement amounts than other mass tort claims.. An experienced Paraquat lawyer will fight to get the best outcome possible for your Parkinson's disease lawsuit. Below we take a closer look at factors that can impact the value of your claim and give you a better idea of what to expect. The value of your claim, which ultimately helps dictate a settlement amount, is typically made up of economic losses, non-economic losses, and, if applicable, punitive damages.

Our experienced Paraquat lawsuit claims lawyers can help assist you with the specifics of your claim today. Contact us online or call us today at 866-970-5118 .

Factors That Will Impact Your Paraquat Settlement

Economic Losses Related to Paraquat Exposure and Parkinson's Diagnosis

Exposure to paraquat comes with symptoms and side effects that cause illness before doctors even have the chance to diagnose Parkinson's disease. As the disease progresses, individuals often need to miss work due to their illness, losing income as their medical expenses accumulate. The way that Parkinson's disease impacts muscle movement and mobility means individuals cannot work, but they cannot help maintain their homes. These economic losses add up quickly. The value of a paraquat exposure Parkinson's disease claim and associated settlement amount can easily be hundreds of thousands of dollars. Here is a broad overview of common economic losses that impact the value of paraquat lawsuit settlements. These losses are the crux of a Paraquat Parkinson's lawsuit.

Medical Expenses

Individuals who wind up developing Parkinson's disease as a result of Paraquat exposure do not get the disease overnight. Parkinson's develops and worsens over time, and doctors often cannot immediately diagnose a potential victim of Parkinson's disease. You might have suffered symptoms related to your Paraquat exposure requiring an ambulance ride and emergency room treatment. However, most visit their primary care physician as they experience early symptoms of Parkinson's disease and know something isn't quite right.

Early Symptoms of Parkinson's disease.

According to the Mayo Clinic, those who develop Parkinson's might experience these early symptoms:

• Tremors that begin in the fingers or hands
• Muscle stiffness in the arms and/or legs
• Feelings of weakness masked as slower movements
• Poor posture
• Loss of facial expression

These symptoms can also indicate other medical conditions and diseases and do not always scream Parkinson's disease when doctors evaluate patients. Many must visit their doctor multiple times, likely visit a neurologist or other specialist, and undergo a battery of tests. Costs for MRIs, CT scans, blood tests, and urine tests also increase medical expenses.

Physical Therapy

If you or a loved one has been diagnosed with Parkinson's disease after chronic exposure to this herbicide, your doctors have discussed the importance of exercise and physical therapy. Parkinson's disease impacts muscles and body movement in a way that easily leads to muscle atrophy if someone doesn't keep moving.

How Physical Therapy Helps Those With Parkinson's Disease

According to Johns Hopkins, physical therapy helps Parkinson's patients in five main areas:

• Amplitude training helps retrain muscles and slow down the progression of slow, shuffling movements common in those with Parkinson's.
• Reciprocal patterns refer to regular patterns people make when they walk. Physical therapy helps reinforce these patterns to slow the progression of Parkinson's.
• Balance work helps Parkinson's patients maintain their stability, which deteriorates over time as the disease progresses.
• Stretching increases flexibility and helps keep hip, hamstring, and calf muscles from tightening up, a common struggle for those with Parkinson's Disease.
• Strength training helps counteract the muscle weakness that many with Parkinson's disease suffer from.

Although solo exercise helps patients keep active, they need guided physical therapy to target their specific challenges and issues. Physical therapy is often associated with helping someone recover after surgery or retraining muscles after wearing a cast from a broken bone. Those with Parkinson's disease need physical therapy for the rest of their lives to cope with their challenges, making it a costly medical expense that greatly increases the value of a paraquat lawsuit claim.

Long-term Nursing Care

Physical therapy and medication help many Parkinson's patients live fairly normal lives, at least for some time. The disease does not reduce life expectancy in most people. However, even those who follow doctors' orders and undergo treatment face the progression of their condition. Once someone reaches advanced-stage Parkinson's disease, medication no longer helps as much, and patients face the full spectrum of disabilities that come with their condition. In most cases, spouses and families no longer have the means or the experience to take care of a loved one with advanced-stage Parkinson's, so they must put their loved one in a nursing home for the around-the-clock care they need. The American Council on Aging estimates that a long-term nursing care facility costs residents an average of $100,000 per year depending on whether they have a private room or share a room. Also, some states and cities can cost more than $180,000 per year. The average health insurance policy does not cover the cost of a nursing home. Medicare covers nursing home care for 100 days, and Medicaid only covers nursing home care if someone has almost no assets and a meager monthly income. Putting a loved one who developed Parkinson's because they were exposed to paraquat into a nursing home can bankrupt the average middle-class family unless they have purchased a special long-term nursing care insurance policy. Estimated future costs for treatment and nursing care often drastically increase the value of a paraquat exposure claim and potential settlement amounts.

Lost Wages and Benefits

In the beginning stages of Parkinson's disease, many people can continue to work. They might have to take time off if they experience complications, for doctor's appointments, special treatment, and physical therapy. Parkinson's patients need to use personal days, sick time, and vacation time if they want to get paid for their time away from work. In some cases, employees might not have enough paid time off to cover the amount of work they miss because of their paraquat exposure and Parkinson's diagnosis. Lost wages and benefits can put an additional economic strain on Parkinson's patients and their families, all because negligent paraquat manufacturers continue to push their poison to the agricultural industry. Parkinson's disease is a permanent condition with no cure. As the disease progresses, Parkinson's patients who work have no choice but to quit their job. The value of a paraquat lawsuit settlement includes estimated lost current and future wages.

Home Modification Costs

Each person who suffers from Parkinson's has a different experience. Some face quick progression, while others progress slowly and maybe never develop advanced-stage Parkinson's. Those in earlier stages are fortunate enough to live at home. Yet, they can still struggle with mobility and balance, so they must modify their home to make it more accessible or move to a new home that provides what they need. Going up and down the stairs is one of the biggest challenges for Parkinson's patients who struggle with slow movement and shuffling. Many must have their entire living area on one floor because they cannot go upstairs to a bedroom or bathroom. Remodeling a home to create a main floor living area can be costly, especially if the home needs an addition. Other common changes a Parkinson's patient might need to make to their home include installing handrails in hallways, putting grab bars in the shower and tub, and constructing a wheelchair ramp for those who must use a walker or use a wheelchair. Home modification costs can add hundreds or tens of thousands to the value of a paraquat lawsuit.

Costs for Replacement Services

Before a Parkinson's diagnosis, most patients worked outside the home, likely in some part of the agriculture industry where they were exposed to paraquat. Many worked just as hard in their free time to maintain their household; however, the progression of Parkinson's leaves many unable to do the same household tasks they did before. Families, especially those who live with someone who has Parkinson's, can chip in to help out, but sometimes they need outside help. Examples of services families might need to hire include:

• Lawn care service
• Handyman
• Snow removal services in certain parts of the country
• Laundry service
• Cleaning service
• Cook or grocery delivery
• After-school tutoring or childcare

Different families need different services depending on their situation. However, they often cost huge sums and increase the economic loss of someone who developed Parkinson's disease from Paraquat exposure. Economic loss is a large value driver in a Paraquat settlement payout.

Non-Economic Losses Related to Paraquat Exposure and Parkinson's Diagnosis

If you or a loved one in your family has been diagnosed with Parkinson's and is coping with symptoms, you have already experienced some or all the economic losses listed above. Those who suffer from Parkinson's also suffer great non-economic losses. Non-economic losses broadly refer to the monetary value of how an injury or illness impacts someone's life. They are difficult to quantify and, in the most severe Parkinson's disease cases, make up a large portion of a claim or even settlements in Paraquat Parkinson's disease lawsuits. Examples of non-economic losses that impact the value of a Paraquat settlement payouts include compensation for:

• Physical pain and suffering
• Mental anguish
• Reduced quality of life
• Loss of enjoyment
• Loss of consortium

Punitive Damages in Paraquat Lawsuits

Although laws vary from state to state, many allow victims of paraquat exposure to seek punitive damages, sometimes referred to as exemplary damages, as part of their paraquat lawsuit. Punitive damages exist to punish Paraquat herbicide manufacturers for gross negligence and deter them from future negligent acts. Many paraquat manufacturers have deep pockets, so going after punitive damages in a paraquat lawsuit is a real option. However, they also have teams of high-powered lawyers who will fight attempts to claim punitive damages, so you'll need your own law team to get the damages you deserve. Courts, moreover, only award punitive damages in rare situations. Thus, you must prove the exposure that led to Parkinson's disease occurred as a result of fraud, deceit, or another egregious act. Let experienced Paraquat lawyers evaluate your claim and advise you on whether you should ask for punitive damages in your case. We believe Paraquat defendants deserve to be punished for ignoring the obvious health risks associated with Paraquat dichloride. If an insurance company or their defense lawyers suspect a court will award punitive damages in a Paraquat exposure lawsuit, it can drastically increase the value of a settlement.

Paraquat Parkinson's Lawsuit Settlement Update

10/26/22 Paraquat Lawsuit Update

There are presently over 2000 Paraquat Parkinson's lawsuits pending in the United States Federal Court in the Southern District of Illinois. Over 200 new Paraquat lawsuits were added to the MDL over the past 30 days. The rate at which this MDL has grown led Judge Rosenstengel to allow for master pleading forms. This enables plaintiffs to file Parkinson's disease lawsuits directly into the Paraquat MDL. Judge Rosenstengel has also pushed back the date of the first Paraquat lawsuit bellwether trial which was originally slated for mid-November. The vast amount of lawsuits being filed into the Paraquat MDL and the need for additional plaintiff depositions appear to have forced the Judge's decision.

9/8/22 Paraquat Lawsuit Update

Paraquat litigation continues to grow at a rapid rate. In fact, Paraquat MDL Judge Rosenstengel has opted to select July 2023 for the first Paraquat bellwether trial. This is a bit of a setback for those anticipating forthcoming settlement compensation in the near future. Until we have set dates for the bellwether trials, the defendants will face little pressure to make settlement overtures in the pending Paraquat litigation.

8/2/22 Paraquat Lawsuit Update

There are presently over 1600 Paraquat lawsuits filed into MDL before Judge Rosenstengel. We are quickly closing in on the date of the first Paraquat lawsuit trial set for mid-November.

7/16/22 Paraquat Lawsuit Update

A recent decision in the Roundup litigation will have a huge effect on present Paraquat lawsuits. The United States Court of Appeals for the Eleventh Circuit ruled that federal law does not preempt state law's 'failure to warn claims' for Roundup in the case of Carson v. Monsanto. Paraquat lawyers are likely to cite the recent decision in future Paraquat litigation.

6/1/22 Paraquat Lawsuit Update

MDL Judge Nancy Rosenstengel has selected six Paraquat cases for the forthcoming bellwether trials. The six Paraquat lawsuits were selected from over 700 lawsuits filed into the MDL. Paraquat plaintiffs and defense counsel each picked cases favorable to their respective sides. In turn, the MDL Judge selected Paraquat cases that will provide both sides the best gauge of how the science and alleged health risks will play out in front of a jury.

4/16/22 Paraquat Lawsuit Update

Over 900 claims have been filed into the Paraquat class action lawsuit. Just over 100 new Paraquat lawsuits were filed into the MDL over the past thirty days. We expect this MDL to grow quickly over the coming year as significant advertising dollars are being spent by law firms nationwide to attract these cases.

The Dolman Law Group - Your Paraquat Lawsuit Lawyers

Dolman Law Group is a nationally recognized personal injury, product liability, and mass torts law firm. The Paraquat lawyers at Dolman Law Group have over 130 plus years of combined experience and have recovered over $250 million in financial compensation for serious injury victims. Stan Gipe is a board-certified civil trial lawyer as designated by the Florida Bar. This designation connotes that Stan is an expert in the discipline of litigating and trying cases before a jury. He has served as lead counsel in over twenty-five hundred personal injury lawsuits. Stan has also served as lead counsel in numerous jury trials. Matthew Dolman is a lifetime member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million dollars. Matt has also served as lead counsel in over two thousand lawsuits. The Paraquat attorneys at Dolman Law Group are available for a free consultation and case review. We are presently representing over one hundred individuals in the Paraquat exposure lawsuit. While many of our clients were licensed applicators, a good number were agricultural workers subjected to prolonged occupational exposure. Our law firm has invested significant resources and time into handling Paraquat Parkinson's disease lawsuits. Further, we are a law firm handling claims on a nationwide based. In fact, we associate with local counsel in all jurisdictions where we are not licensed. Paraquat litigation is expected to extend well into the summer of 2023 and may not resolve until 2024.