Table of contents

"*" indicates required fields

Get the compensation you deserve

The U.S. Environmental Protection Agency (EPA) announced in October of 2024 that all products containing dimethyl tetrachloroterephthalate (DCPA or Dacthal) are to be canceled under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The EPA made this decision after evidence came to light showing that the pesticide caused thyroid toxicity, particularly in unborn babies.

Timeline

  • In 2013, the EPA required AMVAC, the sole manufacturer of DCPA, to submit studies to support the registrations of the pesticide. Several of the studies, submitted from 2013-2021, were not adequate, and others were missing.
  • In April 2022, the EPA warned AMVAC that it would suspend DCPA products if it did not submit the required safety study data.
  • In August 2022, AMVAC still had not submitted some required studies, so the EPA suspended its registration.
  • In May 2023, the EPA released an assessment detailing the risks associated with occupational and residential exposure to DCPA products based on the thyroid study AMVAC had submitted. According to the report, a pregnant person who handles DCPA products may face exposure levels that are up to 20 times higher than is safe for their unborn child, even if they are using personal protective equipment.
  • In November 2023, AMVAC submitted the required data, and the EPA lifted the suspension.
  • AMVAC suggested some changes to the pesticide registrations, including canceling those products registered for use on turf. However, the EPA decided the changes would not sufficiently address the seriousness of the risks.
  • In April 2024, the EPA warned the public about the substantial health risks of DCPA exposure to unborn children.
  • In August 2024, the EPA enacted an emergency suspension of DCPA.
  • On October 22, 2024, the EPA announced that all DCPA products were to be canceled.

If you or a loved one were exposed to DCPA products during pregnancy, consider seeking legal assistance.

At Shrader & Associates, L.L.P., our dedicated team of attorneys specializes in cases related to toxic exposure and its associated health risks. With decades of experience fighting against major corporations, we are committed to finding justice for all those affected.

Contact us today to schedule a free consultation with an experienced lawyer to explore your legal options.

Contact us

What Is Dacthal?

Dacthal, or DCPA, is a pesticide primarily used for controlling weeds. It interferes with a plant growth hormone and prevents some grasses and weeds from growing while allowing turf grasses, flowers, fruits, and vegetables to grow. It is usually applied before the weeds sprout and is commonly used to control weeds in crops such as Brussels sprouts, cabbage, onions, and broccoli.

Dacthal is a colorless and odorless pesticide that can remain in the environment after it is applied to the field. It can linger in the soil and may seep into waterways through runoff. Although it is typically not found in the air except during and shortly after application, trace amounts have been detected on fresh produce.

The product label recommends restricting entry into treated fields for 12 hours post-application, but research shows that levels of DCPA can remain unsafe for 25 days or more.

What Are The Health Risks of Dacthal Exposure?

Dacthal (DCPA) primarily impacts plants and is usually not toxic to adult humans and animals. However, if pregnant people are exposed to the pesticide by handling, applying, or otherwise encountering treated fields or crops, it poses a significant risk to their unborn baby. Pregnant people who work in fields treated with DCPA, especially for tasks such as planting, weeding, and harvesting, are particularly at risk and spray drift can expose people who live nearby to risks.

Current guidelines restrict entry into treated fields for 12 hours after the pesticide is applied, but evidence suggests unsafe DCPA levels can persist for 25 days or longer. Additionally, spray drift can expose nearby residents to risks.

Exposure can disrupt fetal thyroid hormone levels, which can lead to significant health concerns in a developing baby before birth, including:

  • Impaired brain development
  • Impaired motor skills
  • Low birth weight
  • Decreased IQ

What Should I Do if I Was Exposed to Dacthal?

If you were exposed to Dacthal while you were pregnant, it’s crucial to take action for the sake of your child.

  • Talk to your doctor or your child’s pediatrician to discuss any symptoms or exposure risks.
  • Keep detailed records of all symptoms, medical consultations, and treatments your child receives for possible DCPA exposure.
  • Contact a law firm specializing in personal injury cases to file a claim.

Why Should I File a Claim?

You may want to file a lawsuit to hold AMVAC, the company that manufactures Dacthal, accountable for the significant health risks associated with their products and receive compensation for the financial and emotional burden their actions have caused.

The company is believed to have been aware of the dangers its product presented, but it failed to warn its users, printed misleading information on the product label, and failed to provide proper documentation in a timely manner when requested.

If health issues arise from exposure to DCPA, pursuing legal action may provide an avenue for justice and compensation.

If you or a loved one have been exposed to Dacthal and are experiencing health issues, don’t wait—reach out to our experienced legal team today. We’re here to help you understand your rights and explore your options for pursuing compensation.

Am I Eligible to File a Claim?

You may be eligible to file a lawsuit against AMVAC under certain conditions, such as:

  • You directly handled or applied DCPA while pregnant.
  • You lived near an agricultural field treated with DCPA.
  • Your child has documented health issues linked to DCPA exposure, such as congenital disabilities or developmental delays.
  • You can prove a correlation between the timing of exposure and your child’s health conditions.
  • You file within the required time limits.

Don’t wait to file your claim!

Each state has specific deadlines for filing Dacthal lawsuits, which may change based on the nature of the claim. Typically, the statute of limitations begins from either the time of exposure that led to the injury or when the injury was discovered and diagnosed. The timing and deadlines can vary widely depending on the jurisdiction. It is essential to consult a lawyer as soon as possible to receive the compensation you deserve. An experienced attorney can evaluate your case and determine if you are within the deadline to file a claim.

How Do I File a Lawsuit?

  • Schedule an appointment to speak with a lawyer about your case.
  • Bring documented evidence of your claim, such as employment records, environmental studies, Dacthal purchase records, birth records, medical records, etc.
  • Talk with the attorney to assess your eligibility and the best legal actions.
  • File the lawsuit: If your case meets all the requirements and deadlines, your lawyer can help you file a suit.

What Can I Be Compensated for?

While we can’t guarantee a particular outcome for your case, an experienced attorney may be able to help you get the compensation you deserve. You may be compensated for:

  • Medical costs associated with DCPA exposure
  • Lost income due to health-related issues
  • Pain and suffering for physical or emotional distress caused by the exposure
  • Permanent disability or impairment that resulted from the exposure
  • Loss of quality of life due to limitations in activities and overall well-being

While not all cases will end in compensation, quick action can significantly improve your chances of a successful outcome.

During your initial consultation, we’ll provide our best estimate of your claim’s value and strength, keeping you informed as we investigate further. Although we cannot guarantee a win or a specific amount, our experienced law firm has achieved substantial jury awards for our clients in similar cases.

Protect your rights and seek the compensation you deserve—reach out to Shrader & Associates now!

Contact us

Sources: