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

Discussion in 'Homeowner Assistance Forum' started by Starbuy, Feb 27, 2012.

  1. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    I thought these were important if you are deciding

     
  2. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    This person knows their stuff

     
  3. Longshot

    Longshot LawnSite Member
    Posts: 9

    cindyb,

    Thanks for the values of trees over 20!!

    I'm sure this is a silly question since it's big company lawyers setting the offers. But, do you know how they price out a "tweener" on the larger sizes? Round up or down?


    Anyone else,
    Has anyone had problems with mis-measured trees? My 28's could easily be 30+ by my simple observation and that is without the last 2 years growth and the next 2+ waiting for resolution. I could easily be talking $10-20k worth of discrepancies in total based on settlement offer amounts.

    Also, What's the easiest way to verify the actual height of a tree that's all curled up at the top?
     
  4. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    no idea since the LCO estimated the tree height with a yardstick.

    Measure with a laser and also the trunk.

    That's exactly what Aircorp talks about in his posts above this post.

    I took pics last night, continuing to watch more stuff curl and die. Looks like fall.
     
  5. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Preliminary results of Carbon Dynamics testing has found Imprelis widespread in animal feed sold by major companies nationwide. The Carbon Dynamics Lab is supervised by Dr. William Keeton in The Rubenstein School of Environment and Natural Resources at the University of Vermont.

    A report from Matt Sutkoski was published by Burlington Freepress on August 10, 2012 details the findings. http://www.burlingtonfreepress.com/...=mod|newswell|text|FRONTPAGE|s&nclick_check=1

    This publication may not be accessible without a subscription after 30 days so here are some excerpts from the very disturbing report:

    "Evidence surfaced in June that small amounts of so-called persistent herbicides had tainted compost sold by Green Mountain Compost, an arm of the Chittenden Solid Waste District. The herbicides are called persistent because they don’t readily break down in soil like commonly available anti-weed products such as Roundup.

    Symptoms of the contamination included curled leaves and badly stunted growth in garden plants. More than 400 gardens in northwestern Vermont were found to have damage after people applied compost purchased from Green Mountain Compost to their plots.

    The waste district is spending nearly $1 million to compensate gardeners for herbicide damage and other losses, and to study the contamination and learn how to prevent it in the future."

    "...Carbon Dynamics, found no detectable signs of Picloram and Clopyralid in the samples. However, Carbon Dynamics said it found another persistent herbicide called Imprelis in many samples of feed and manure that would go to Vermont farms, then to collection centers to be made into compost. That’s odd, Moreau said, since Imprelis was on the market for only nine months ending in August 2011 before being yanked due to safety questions."

    "The presence of Imprelis, if confirmed, is disturbing, Moreau said, especially in light of the preliminary results of Carbon Dynamics testing that found it widespread in animal feed sold by major companies nationwide."
    -Compost contamination probe gets complicated 8:46 PM, Aug 10, 2012 Burlington Freepress

    As we learn more and more we realize the dreaded truth that Imprelis is still at work in our soil, our plants and making it's way into compost that is ended up in gardens and farms and now, according to these tests, has already reached into animal feed throughout the nation. Yet some wonder why many of us have rejected DuPont's resolution offer for our own properties. They haven't yet realized or learned the full scope of the long term affects Imprelis is having and some think the initial compensation offer will be sufficient for them. Tip of the iceberg.
     
    Last edited: Aug 12, 2012
  6. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    This will be the death of DuPont. I'll end up with $50 gift card to Lowe's Garden center
     
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    That's why I retained a law firm that's filing individual cases and helping keep us out of the class action settlement. You'll hear soon that DuPont has reached a 'deal' with the other class action attorneys. It will be a woefully low offer once they divide it but will seem like a large figure (report won't show how many and what portion each person will get if they are going to accept it). I'm not going that route.
     
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    For anyone who's had Imprelis damage and you're seeking a trustworthy law firm (can help in any state where Imprelis damage has occurred), contact Wright & Schulte LLC http://yourohiolegalhelp.com/ 937-222-7477 or 937-435-9999. Richard W. Schulte and all the attorneys there are energetic, ambitious, very experienced and really seem to care. They're also handling these cases in a different manner than what I've come across in researching for a law firm that's competent enough for this type of thing, yet keeps the best interests of the client at the forefront (and that means filing separate cases and yes they have a lot, but have told me they can help more of you who have been trying to face this Imprelis situation on your own). I have not been asked by them to post this nor paid, but was given permission to make this public. I'm not saying other firms are not as good as I certainly didn't talk to all of them or look at all their retainer contracts. I know people have tried contacting me and I'm sorry I may not have replied to everyone. If they ask who referred you, you may use the name Duane Sulllivan if you wish. There are others on here that have also retained them, but I don't have permission to use their name. I'm making this public because so many are now facing the decision of whether Dupont's direct resolution offer is really going to end up being sufficient for what they may suffer now and in the future. I know CindyB and others on here feel just as strongly as I do in hoping property owners will not get short changed and then later realizing their damages are greater than first estimated and feeling like they made a mistake. I don't mean to make anyone worried if they already signed DuPont's offer. Some will surely be happy with the offer and maybe they won't experience more damage or financial setbacks due to Imprelis on their property beyond DuPont's 2 year limitation.
     
    Last edited: Aug 12, 2012
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Originally Posted by cleanponds 7/13/12 in the pesticide/herbicide section:
    "GreenEm ,thanks for that link I had not read that one yet.This is on the same vein that Ohio State mentioned at the winter recert sessions that they feared a lot of the potential damage was yet to come. I planted 9 dawn redwoods last winter according to Dupont replant guidelienes with 1 ft overdig, clean backfill and activated charcoal and these trees arenow dead.They are located at the bottom of a slope so I presume Imprelis moved to their location. At the same time I planted 10- Norways and 9 serbian blue spruce on top of a hill with same "guidelines"and as a month ago they showed no signs of damage. With the abnormal heat we have had in Ohio I decided to water them and after 48-72 hours all now show Imprelis damage.I rejected Duponts first offer with damage and replacement on 26 trees and now have a total of 54 trees affected.They have not responded to the additional damage after I rejected their offer over a month ago.I am a commercial applicator and only used this product on my 10 acre home/business property and a sports field with no trees on it.I agree with Purdues description that this is a "crisis" situation."

    This is why attorneys are demanded something very reasonable from DuPont for their clients; full remediation of all Imprelis laced soils not only around the tree, but the yard itself. As Cleanpond and others have tried replanting according to DuPont's guidance yet have found their new plantings have died. Since Imprelis can still be in the soil many yards away from that planting, when water moves the Imprelis moves with it and goes into the new soil you used in the excavated area for the new planting. DuPont should agree to the full remediation of all Imprelis laced lawns otherwise whatever we try to plant may end up at best stunted/deformed and at worst dead. This causes us wasted time, wasted money and continued suffering.
     
  10. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    I've retained Mr. Schulte also. This isn't a quick fix. DuPont had over a year to respond to my problems and didn't, can you imagine if I sign?
     

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