Imprelis Discussion - it's damage, Dupont's Claim Process, Lawsuits filed, Experience

[cindyb]

Originally Posted by bailter

That was a very interesting article. I think the best thing this forum offers is a chance to see that others are in the same boat and we are not alone in our suffering.

I have had little or no help from our LCO this year. I have asked them to re-rate the trees but they say we must wait for the dupont proposal first. I think I have about had it with this LCO and am ready to cut ties with them. I don't blame them for the problem caused by dupont, but I think a little more help in resolving all this would have been nice.

I'm handling our trees instead of my hubby, he has enough stress like I don't. Getting a headache again after reading that article. One LCO had a stroke if you read back. This is serious stuff and its been a year, I am thankful I have this board and other homeowners to share updates with.

Our LCO hasn't stayed in touch with updates either, not that he can do anything but since he turned in our claim, it would be nice for him to inform us of what he knows and maybe look at our additional damage.

[31bro]

I had a 7' spruce and a 45' foot spruce and there resolution was $10,000 plus removal. Is this far?

[Starbuy]

Originally Posted by 31bro

I had a 7' spruce and a 45' foot spruce and there resolution was $10,000 plus removal. Is this fair?

Are they willing to give you the compensation for the removal directly, or is there only option given in the offer to be paid to a third party? Also, did the offer state anywhere that they agree to compensate you by a particular time? For instance, will they pay you within x days from the time you approve the offer and they receive it? Does their offer make references that allow them to make paymentS instead of one lump sum? Do they want you to relinguish all rights, including medical, to sue them in the future for any "yet undiscovered facts about Imprelis or DuPont"? If you're comfortable with any of those things then maybe you can negotiate with them for the amount you want based on third party estimates (get estimates from companies not affiliated with the process). If you're not comfortable with any of those statements or lack of statements, then the amount may not matter. Some who approved the offer still haven't seen any compensation after 6 months, but there are a few checks that have been sent out from what DuPont told me.

[cindyb]

I haven't seen prices posted for a 45 foot tree yet except maybe the golf course. Was that all that was on that property? Do you have the actual check yet? Are they doing the removal or paying you since you are a LCO? Is that offer from Dupont or your insurance.

Well we have not had anyone from dupont even try to call us to come out. So turned it over to our insurance and let them battle it out. We have around 40 sites and over 400 trees affected.

What about the other 39 sites? And the honey locust, did they give an offer on them?

if that includes the 15% compensation, that's about $8300. for a 45 ft tree and $360.00 for the 7 ft.

[cindyb]

If I'm reading the EPA site and understanding correctly, regarding LCO's notifying their clients if they used Imprelis, from the epa site and the label:

Specifically, the Imprelis label has the following restrictions on mulch and compost:

Do not use grass clippings from treated areas for mulching or compost, or allow for collection to composting facilities. Grass clippings must either be left on the treated area, or, if allowed by local yard waste regulations, disposed of in the trash. Applicators must give verbal or written notice to property owner/property manager/residents to not use grass clippings from treated turf for mulch or compost.

So does that mean they have to tell you they used Imprelis or just not to use your grass for mulch because it has weed killer on in? What about the neighbor that cuts his grass and throws it on another yard?

[Starbuy]

Lake County, MI approves settlement and shows it pays to have attorneys and independent arborists. Counties have attorneys on staff, but this one also hired an independent arborist not contracted by DuPont to evaluate value and damage. These things helped bring DuPont to the table quickly.
Story:DuPont to pay for replacement, treatment of damaged trees at 2 golf courses -by Andrea L. Brown http://triblocal.com/mundelein/2012/...-golf-courses/

...The Lake County Forest Preserve District Board of Commissioners on June 12 approved a settlement with DuPont for $835,987.90, according to a press release. The damage stems from the 2011 application of Imprelis...

They also get ALL the compensation including the money that goes toward removal (unlike many homeowners in DuPont's process who aren't offered that compensation but are stuck with whomever DuPont contracts):

...DuPont will compensate the Lake County Forest Preserve District for the cost of tree removal, the value of trees removed, maintenance for new trees, the tree-care program for remaining trees and related costs.

...The forest preserve district hired an independent tree arborist to confirm and verify the DuPont inventories, officials said.

[cindyb]

They have 438 trees with Imprelis damage. Wondering if the $835,987.90 is for the 113 trees to be replaced or divided by 438 trees?

A total of 113 trees will need to be removed, 93 at Countryside golf course in Mundelein, and 20 at Brae Loch Golf Club in Grayslake. An additional 325 trees, 190 at Countryside and 135 at Brae Loch, will undergo a tree-care program.

I guess its all spelled out but I don't have an offer to look at. June 19th.

[TreeNut]

Starbuy:
I found out that the firm that originally contacted us back in July '11 is still 'working on' the case. Supposedly we're "involved" in that class action suit. However, we have heard nothing from them about the Imprelis and they haven't heard from DuPont--I've written them (the assistant attorney who came here to visit) off and on to update--mainly to get the information out there. When I checked this law group's web site, there is no mention of Imprellis class action--more personal injury class action. Now I'm not sure what our rights are---the LCO has been working on this, but we hear nothing. The class action group as been working on this, but we hear nothing. I did sign something with the latter last July, but have lost my copy of the paperwork (actually, it was my husband who kept his copy, but never signed--and he can't find it.) So, I'm a little afraid to contact yet another attorney. I haven't paid anyone any money.
We're not as concerned that we get the highest amount of money---we just want some action, or even be allowed to take our own action.

[gqnine44]

When the LCO did the original app they are/were required to list what chemical was used and then any special instructions. When we were spraying Imprellis we were required to leave instructions not to bag or use clipping for mulch around trees. This type of thing is normal. The label is the law and each label has its own special instructions. Some labels like Imprellis, have special notification requirements.

An ubutting property owner would not be required to recieve any notice or information from the applicator unless they requested in writing.

Originally Posted by cindyb

If I'm reading the EPA site and understanding correctly, regarding LCO's notifying their clients if they used Imprelis, from the epa site and the label:



So does that mean they have to tell you they used Imprelis or just not to use your grass for mulch because it has weed killer on in? What about the neighbor that cuts his grass and throws it on another yard?

[Starbuy]

Treenut, you can still contact the attorney I mentioned and explain to them everything. They may even be able to look up your information since they may have access or already working with the other firm. See what they say. I do know that, depending on your retainer, most allow for relieving the attorney if you aren't happy, without fees in class action especially since they haven't sent anyone to evaluate nor tried contacting you, but they may require some of the recovered damages from your winnings in the future at a smaller prorated amount if work was done on your behalf. But, the other firm will be able to assist you much more in these details one way or another. They don't charge you just to talk to them to see what direction you may want to take or to give you options or reassurance that what you already signed is fine. They may know the firm.