What is the average settlement of paraquat lawsuits?

As of 2017, paraquat lawsuits have been submitted to state and federal courts. The plaintiffs in these actions allege that the manufacturers of paraquat have failed to warn of the risk of Parkinson’s disease from exposure to the herbicide. In the summer of 2021, plaintiffs in paraquat actions in California state court settled their complaints. The amounts were not publicly disclosed.

Numerous federal lawsuits are pending in the Southern District of Illinois as multi-district litigation. Currently, lawyers for the plaintiffs and defendants have until March 2022 to complete the pre-trial discovery. Estimates of average settlements or even anticipated settlements seem premature at this stage.

If you have Parkinson’s disease at the hands of paraquat, you may be eligible to participate in multidistrict litigation or otherwise sue for your injuries. While you may not know the amounts, it helps you understand what factors in the compensation you might receive in a paraquat lawsuit.

What damages are recoverable in paraquat lawsuits?

Parkinson’s disease comes with many symptoms and effects. If you are exposed to paraquat, you may see signs of Parkinson’s disease such as slow movements, tremors, lack of balance, and lack of flexibility. People with the disease may experience hallucinations, delusions, insomnia, depression, memory loss, and poor judgment. From these conditions can come the reduced or lost ability to work, function and maintain relationships.

Plaintiffs in paraquat lawsuits can seek the following types of damages:

  • Medical fees: According to the Unified Parkinson’s Advocacy Council, the average cost of care for a patient with Parkinson’s disease is approximately $ 26,400 per year. Medical expenses related to Parkinson’s disease include those for hospital stays, doctor’s diagnoses and treatments, prescriptions, medical devices and therapy.
  • Loss of wages and earning capacity: As Parkinson’s disease progresses, people with Parkinson’s lose or see a reduced ability to work in jobs that involve interaction with the public, physical labor, and the use of cognitive functions. As a result, you lose time from your current or most recent job and the ability to perform future work. Your experience and education will be part of the evidence for the loss of earning capacity.
  • Pain and suffering: Parkinson’s disease takes a heavy physical and emotional toll on patients. Physical pain, sleep deprivation, anxiety, and depression do not have an objective economic measure, but the law allows compensation for these and other forms of pain and suffering.
  • Loss of the consortium: This type of damage claim includes the loss of service, affection and companionship to the spouse of a person with Parkinson’s disease as a result of exposure to paraquat.

What determines the amount of settlement you will receive?

In consolidated lawsuits such as class actions and federal multidistrict litigation, defendants often reach comprehensive settlements with plaintiffs or a group of plaintiffs. These agreements provide for the payment by the defendants of a sum of money.

In mass tort cases, the allocation of settlement proceeds among plaintiffs generally depends on the severity of the injuries and, in the case of defective products, the type and manner of exposure. For example, the comprehensive settlement may establish levels at which individual complainants are placed based on the level of injury and the extent to which the defective product or act caused the injury. Within these levels you will find a range of payouts to applicants.

Plaintiffs in federal court must bring their claims to the United States District Court for the Southern District of Illinois. In this multi-district litigation, potential claimants are required to complete a questionnaire to provide information on the manner and level of exposure, any history of Parkinson’s disease or other neurodegenerative diseases, and the extent of the damage or harm. The responses can help determine the number of claimants with legitimate or meritorious claims for paraquat exposure, the potential number for a global settlement, and the range of payments.

Roundup as a possible guide to your compensation

Although there is no reported average on paraquat cases, mass tort litigation over the use of the roundup and other mass tort cases may provide some idea of ​​the potential recovery for the plaintiffs in paraquat.

Roundup pursuits

In 2015, about a few years before the paraquat lawsuits began, the plaintiffs sued Monsanto and Bayer over their exposure to glyphosate. This chemical is used in Roundup brand herbicide and has links to cancer. Farmers and homeowners used Roundup for their crops, plants and flowers. Among Roundup’s hundreds of lawsuits, there are important jury verdicts. The first trial yielded a jury verdict of $ 289 million. A jury in a lawsuit in the state of California awarded the plaintiffs $ 2 billion in a second “test” trial.

In the summer of 2020, Bayer agreed to settle the claims of around 100,000 plaintiffs for $ 11 billion. Bayer also intends to set aside an additional $ 4.5 billion for future claims. Monsanto entered into an agreement in 2021 to $ 45 million to resolve nationwide claims by complainants alleging fraud.

Various reports exist for the average payments on Roundup lawsuits. Some put the figure at $ 100,000, while others report payments to victims ranging from $ 5,000 to $ 250,000. Another report puts the average person with cancer at $ 160,000.

This Roundup Mass Liability Case Summary gives you an overview of how the paraquat cases might be resolved or the settlement might work. With the discovery and other preliminary proceedings underway, it remains to be seen what paraquat manufacturers might be willing to pay to settle the lawsuits.

For more information, please see our page dedicated to Paraquat Lawsuits and Parkinson’s Disease.