Brigette Honaker  |  April 28, 2021

Category: Legal News

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industrial worker spraying herbicide

Paraquat plaintiffs in lawsuits alleging Parkinson’s disease recently asked the Judicial Panel on Multidistrict Litigation to consolidate numerous cases against Syngenta and Chevron.

Numerous paraquat lawsuits have been filed in recent weeks, with all paraquat plaintiffs bringing similar allegations. According to the plaintiffs, paraquat herbicide products can lead to health issues, including Parkinson’s disease, an incurable neurological disease which causes lifelong disability.

Two plaintiffs, Paul Rakoczy and Jerry Burnette, recently told the Judicial Panel on Multidistrict Litigation that the numerous lawsuits against Syngenta and Chevron should be consolidated.

Consolidated litigation has several benefits. Since a multidistrict litigation is overseen by only one judge in a single jurisdiction, there is less chance for incongruent rulings across many cases. Additionally, consolidation is an efficient use of resources, since facts in each case are identical.

“Each of the identified actions is in the early stages of litigation. Centralizing these and all future federal cases before one judge will promote the just and efficient conduct of these actions, prevent inconsistent pretrial rulings and duplicative discovery, and conserve the resources of the judiciary, the parties, and their counsel,” Rakoczy writes in his request.

Due to these benefits, Rakoczy argues that the MDL panel should consolidate paraquat plaintiff claims in the Northern District of California. The plaintiff notes that the district’s location in San Francisco is only 40 miles from Chevron’s headquarters.

Burnette similarly argues that the paraquat lawsuits should be consolidated in one district but disagrees with Rakoczy about which district should host the consolidated cases. According to Burnette, the MDL should be centralized in the Southern District of Illinois where the plaintiff filed his lawsuit.

Although the California district is close to Chevron’s headquarters, Burnette claims that Rakoczy’s request “ignores the location of the other defendants on the other side of the country.” In contrast, Illinois is a more central location and far more appropriate to host the MDL, Burnette maintains.

Monsanto Roundup cancer lymphoma weed killer garden“The panel should also consider whether the proposed transferee court is geographically convenient for the parties and counsel. The Southern District of Illinois’ geographically central location and accessibility commend it for a nationwide products litigation,” Burnette argues.

While the benefits and specifics of consolidation are debated, numerous consumers continue to take legal action against Chevron and Syngenta. Paraquat plaintiffs argue that the toxic herbicide causes Parkinson’s disease, but failed to come with a warning to consumers. As a result, the plaintiffs allegedly failed to take protective measures which could have saved them from neurological disease. These consumers claim that the herbicide manufacturers are responsible for their injuries.

The proposed Paraquat Plaintiffs MDL is In re: Paraquat Products Liability Litigation, MDL No. 3004.

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