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Chevron USA and Syngenta, two major defendants in multidistrict litigation (MDL) against claims that the weed killer, paraquat, caused Parkinson's disease, propose to begin the proceedings by weeding out invalid claims.

Attorneys for the corporations moved to dismiss approximately 100 claims in September for reasons ranging from deficiencies in claims, expired statutes of limitations, and various laws in the 36 states in which the plaintiffs reside. These motions, Chevron and Syngenta claimed, would “clean up the docket, streamline the litigation, and focus the parties’ attention on the critical legal and factual issues,” according to the Madison - St. Claire Record. 

The dismissals are being reviewed by Chief U.S. District Judge Nancy Rosenstengel. Judge Rosenstengel received a docket of 329 paraquat cases as of Oct. 15 from the Judicial Panel on Multidistrict Litigation (JPML).

Chevron USA’s attorney Leon DeJulius filed motions beginning on Sept. 13, asserting that since Chevron USA ceased distributing paraquat 35 years ago, many of the cases in the MDL were either partially or wholly barred from proceeding due to the statute of limitations.

DuJulius filed a thorough defense of Chevron’s position, including arguments that:

Since many statutes of repose range from 10-15 years, DeJulius argued, “Any suit alleging exposure that ended by 2010 or 2011 necessarily involved paraquat that was sold before then, and strict liability claims arising from those sales are barred.” 

Many of these arguments have also been adopted by Syngenta in a similar effort to weed out invalid claims from the MDL. 

Plaintiff lawyers called the motions premature, but as of the last week of October, they have stipulated that 63 plaintiffs would dismiss Chevron USA as a defendant without prejudice. Future plaintiffs joining the paraquat MDL will likely be subjected to a more intense examination of when their injuries occurred in order to curtail additional dismissal orders.

Paraquat dichloride is a toxic chemical herbicide (plant killer) primarily used for weed and grass control. 

Some evidence suggests that Paraquat is linked to Parkinson’s disease, a neurological disorder that occurs when nerve cells in the area of the brain that controls movement become impaired and die. Paraquat may also pose potential risks to mammals, birds, terrestrial invertebrates, terrestrial plants, and algae.

The U.S. Environmental Protection Agency acknowledges that paraquat is a highly toxic substance and has a number of requirements to reduce the risks of exposure for workers who mix, load, and apply paraquat. In October 2020, the agency sought public input to propose new mitigation measures to reduce potential ecological and public health risks.

Currently, there are more than 70 lawsuits filed against the manufacturers and marketers of paraquat. The lawsuits allege that exposure to paraquat causes Parkinson's disease and that manufacturers knew of the risks for decades.

The federal judge overseeing Paraquat litigation has pushed back the first jury trial to mid-2023. Agricultural workers who used the herbicide claim it caused them to develop Parkinson's disease.

Legal experts involved in paraquat litigation estimate that there may eventually be tens of thousands of cases. 

In the press statement confirming their decision to renew paraquat’s approval, the EPA included a number of new limitations on the way paraquat could be applied.