Court Picks 10 Paraquat Cases for New Bellwether Trial Round

Court Picks 10 Paraquat Cases for New Bellwether Trial Round

Introduction

The U.S. District Judge overseeing all Paraquat lawsuits has selected a new set of 10 bellwether cases to undergo case-specific discovery and preparation for trial, following the dismissal of the initial four bellwether cases earlier this year.

Currently, about 6,000 product liability lawsuits are pending in the federal court system against Syngenta and Chevron, the manufacturers of the controversial weedkiller Paraquat. The plaintiffs in these cases allege that the companies failed to adequately warn users about the link between Paraquat and Parkinson’s disease.

Given the common factual and legal issues among the claims—brought by individuals who were diagnosed with Parkinson’s after regularly using, mixing, or transporting Paraquat—the lawsuits have been centralized before a U.S. District Judge in the Southern District of Illinois since June 2021, as part of a federal multidistrict litigation (MDL).

To better understand how juries might respond to the evidence and testimony, the Court previously initiated a “bellwether” process, where a small group of Paraquat lawsuits were selected and prepared for trial. However, in April, the Judge dismissed those cases after excluding the plaintiffs' expert witnesses from testifying, leaving the claimants without a way to prove that their Parkinson’s disease was caused by Paraquat exposure.

In response to the dismissal of the first set of bellwether cases, the Judge indicated the Court’s intent to swiftly identify a new group of cases for trial, setting a tight schedule for discovery and trial preparation. A court order was subsequently issued, announcing the selection of 10 new Paraquat lawsuits for case-specific discovery as part of the revised bellwether trial pool.

The parties involved have until August 20, 2024, to voluntarily dismiss any of the selected cases without prejudice, allowing the court time to choose replacement claims if necessary. Once the final group is confirmed, plaintiffs must submit completed Fact Sheets to the defendants by September 3, with depositions to be conducted by November 25. By December 16, 2024, the parties are required to provide the Court with a one-page summary for each selected case.

The new bellwether cases all involve allegations that exposure to Paraquat led to serious health issues, specifically Parkinson’s disease. For example, one case involves a plaintiff from Illinois who used Paraquat for 27 years and was diagnosed with Parkinson’s in 2018. Another case features a plaintiff from Alabama who claims he developed Parkinson’s after years of exposure to Paraquat while working in Indiana.

These lawsuits are believed to rely on different expert witness testimony and methods to establish the connection between Paraquat and Parkinson’s disease, differing from the previously dismissed cases. Additionally, a significant number of Paraquat cases are pending in various state courts, which may have different standards for the admissibility of expert witness testimony.

Should Syngenta and Chevron be unable to reach a global settlement following the bellwether trials, the thousands of remaining claims may be sent back to their original districts for individual trials.