Dicamba is a powerful and volatile herbicide that has a tendency to move offsite, reducing other farmers’ crop yields. For this reason, dicamba was not approved for on-crop use until late 2016, after Monsanto and German chemical company BASF developed new formulations of the herbicide that would (ostensibly) be less prone to volatilize.
But despite these new formulations, dicamba misuse complaints piled up in more than 20 states, most prominently in Arkansas and Missouri.
The destruction caused by dicamba is evident: According to one estimate, 3.6 million acres of American crops were damaged by the herbicide in 2017 alone. A 2020 report from three conservation and environmental groups deemed dicamba “too risky” to use on soybeans, cotton, and other row crops.
Farmers across America have suffered significant losses to their crops because of the volatile herbicide. In turn, many farmers have filed lawsuits against herbicide manufacturers seeking compensation for their hardship.
FARMERS SEEK JUSTICE THROUGH LAWSUITS
Many farmers have filed lawsuits seeking restitution for the damage done to their crops or reduced crop yields. These lawsuits are not aimed against their neighboring farmers, but rather herbicide manufacturers like Monsanto (recently acquired by Bayer), DuPont, and BASF.
In November 2017, attorney Rene Rocha filed a motion to consolidate dicamba lawsuits into a multi-district litigation (MDL). In February 2018, that motion was approved. In April 2018, Mr. Rocha was named to the Plaintiffs’ Executive Committee in the lawsuit by U.S. District Judge Stephen N. Limbaugh Jr.
Then, in June 2020, after years of intense negotiation, Bayer-Monsanto agreed to pay $400 million to settle claims that dicamba drift had damaged millions of acres of crops.
If you suffered crop damage and financial losses, you may be eligible to take part in this settlement.
DICAMBA LAWSUIT ELIGIBILITY
To qualify for a dicamba lawsuit, you must:
- Provide evidence of damage to your crops between 2015 and 2020
- Prove your yield loss
If you think you might qualify, contact us for a free, no-obligation legal consultation. You pay nothing unless we recover compensation for you.
SIGNS OF DICAMBA CROP DAMAGE
According to the Purdue Plant & Pest Diagnostic Laboratory, signs of dicamba crop damage may include:
- Twisted leaves
- Upward cupping on leaves
- Narrow, strap-like leaves on the youngest growth
- Aboveground roots on the stems of some annual flowers
The Purdue laboratory notes that these types of herbicide are “quite prone to drift and volatilization.” Its report also emphasizes that several other culprits can cause similar types of damage, so be sure to rule out the following potential causes before determining that dicamba is responsible:
- Mite, insect, or disease damage
- Adverse weather
- Soil compaction
- Root stress
- Improper soil pH
- Misapplied fertilizers
- Genetic mutations
- Road salt
If you know that none of the above factors is to blame for your crop damage or yield loss, you might be eligible for a dicamba lawsuit.
MONSANTO’S CHECKERED LEGAL PAST
Monsanto—which produces the dicamba product XtendiMax—is no stranger to controversy or litigation.
Since the World Health Organization’s International Agency for Research on Cancer (IARC) found that glyphosate was a probable carcinogen in March 2015, hundreds of Roundup users suffering from non-Hodgkin’s lymphoma have filed lawsuits against the company.
In Nebraska, farmers filed a class action lawsuit against Monsanto. Lawsuits were also filed by a Kona Coffee farm owner in Hawaii and the widow of a California farmer. All Monsanto lawsuits share one thing in common: Farmers used Monsanto Roundup Weed Killer for years and were eventually diagnosed with non-Hodgkin’s lymphoma.
Monsanto continues to fight these lawsuits, claiming that their product is safe. In fact, they went as far as to file a lawsuit of their own against California, claiming that the state wrongly listed glyphosate as a carcinogen under their Prop 65 law.
WE FIGHT FOR FARMERS
Our attorneys have recovered more than $7 billion in damages for our clients across practice areas. We are one of the top consumer protection firms in the country, with more than 500 attorneys on hand, but we do not represent large companies.
If your crop yield took a hit because of dicamba, we can hold the responsible parties accountable. Contact us today for a free, no-obligation consultation. It costs nothing to hire us, so there’s no risk to you.
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