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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. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Very sad photo showing the ends curled and dead on that white pine. Not a positive sign. Unlikely to recover, in my opinion, since that's exactly what Imprelis is supposed to do to weeds...stop them from growing. It affects the plant's growth hormones. Dupont thinking that conifers they rate at a #2 might survive is the same as someone giving your child a chemical that stops normal growth and then saying, "we'll help with your doctor visits for only two years and the long term deformity isn't our problem." Also, when you see damage like that on ends of pines, that is a magnate for insect infestation where they bore into the damaged tips and place their larvae which then devour the tree and multiply. That's the next killer to nail the coffin for what Dupont calls "partially damaged #1 or #2 grade". Their grading scale is that 1 or 2 might be recoverable depending on type of tree/shrub. Most people will see slow death on conifers that should have been replaced. If they do try to treat they're going to really have to use major insecticide to attempt to prevent borers. In fact, I recommend looking at the less damaged trees this spring/summer to look for insects taking advantage of the damage. Add that to the rejection letter. One thing I don't recommend anyone doing since it would be a waste is trying to help any of these damaged trees before any settlement is reached. Many already learned last year that it was a waste of money and time.
  2. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    I had some pretty healthy weeds going into spring.

    I have 2 Blue Spruce's that have worsened, one is empty on the inside. A trim/shape would leave me with a burned Christmas tree.

    My aborist that was on the Dupont list said they need replacing as does almost every tree I own. It is sad to have to continue to watch these beautiful trees deform and die. No insecticides will be used, they've been through enough.

    I guess I need to look back at our water bills where we let the hose run continuously, moving from tree to tree when it was dry, to keep our trees from dying.

    Almost afraid to fertilize my roses or anything thats not a tree, if its still in the ground, don't know what happens.
  3. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    EPA has meeting set June 18-19, 2012 for Imprelis update/discussion on “down stream” effects. Bet we'll see some resolution offers coming from Dupont before that date.


    [EPA-HQ-OPP-2012-0003; FRL-9348-6]
    SFIREG Full Committee; Notice of Public Meeting
    AGENCY: Environmental Protection Agency (EPA).
    ACTION: Notice.
    SUMMARY: The Association of American Pesticide Control Officials (AAPCO)/State
    FIFRA Issues Research and Evaluation Group (SFIREG), Full Committee will hold a 2-day meeting, beginning on June 18, 2012 and ending June 19, 2012. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.
    DATES: The meeting will be held on Monday, June 18, 2012 from 8:30 am to 5:00 pm and 8:30 am to 12 noon on Tuesday June 19, 2012.
    This is open to the public.
  4. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    University of Minnesota Extension is recommending that we do NOT plant anything in Imprelis affected soil until at least September 2012. Here's the full update: http://blog.lib.umn.edu/efans/ygnews/2012/05/an-imprelis-update.html

    Also they state:
    Trees that showed damage last spring, further decline (dieback of shoots, dead needles and buds, yellowing of the tree canopy) during the 2011 growing season and/or the winter of 2011-2012, and limited or no bud-break throughout the tree crown this spring will probably continue to decline and then die. Even if these trees do not die, they will be of little or no aesthetic value in the landscape.

    So, it looks like I have to look at this post-apocalyptic landscape, otherwise known as my yard, for a second summer. GRRRR!!!
  5. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    Marking it on the calendar.

    Having a rough day, just picked up my kitty's remains from the vet. Before the trees were poisoned, she would have been buried in a special shady spot but since those trees are dying...... Not very happy with Dupont right now.
  6. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    PHILADELPHIA - The U.S. District Court for the Eastern District of Pennsylvania judge presiding over the multidistrict Imprelis products liability litigation approved and adopted the joint proposed preservation of documents protocol in the case management order entered May 9 (In re: Imprelis Herbicide Marketing, Sales Practices & Products Liability Litigation, No. 11-2284, MDL 2284, E.D. Pa.; See 1/24/12, Page 11).
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    The writer's link to the Imprelis site uses old information on activated charcoal and fresh soil. She didn't have an email that I see or I'd email her that they've changed their minds.

  8. jconley

    jconley LawnSite Member
    Messages: 15

    As I read this forum daily and I wait to hear anything from Dupont, I have to wonder if we are missing something. Why would a company as large as Dupont announce a settlement program, gather information about each claim and then stop all communication with affected persons and stall process for months. Are they waiting for a court decision somewhere? It seems their main objective at this point is to anger and frustrate the very people they will have to negotiate a settlement with.
    Posted via Mobile Device
  9. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Dupont's Imprelis Claim Process phone system prompts have been changed this week. They no longer focus on "If you are a homeowner who's property has been affected... press 3." Instead the prompts focus on those who've either received their first offer materials and have questions or those who have claims but have not yet received the offer and have questions. This makes since because the time for sending in forms to try the direct settlement process (before heading to court) has passed. So, they must be catching up on the backlog of claims since no more are coming through. Any new claims not in the process obviously will or have filed suit.

    Probably most people who had claim forms submitted last year are getting the "it's in the final stages" answer. Also, I can confirm that if you do receive an offer and they suggest they will pay a third party for removal, Dupont has stated that it is completely within the rights of property owners to reject that and demand that part of the compensation also be paid directly to the property owner so the property owner can choose who they want working on their property. I understand that if your LCO chose option 1, even though you never agreed in written to have them do any removal of trees/shrubs, you will either have to reject the offer and submit your demands and they will nix that part and all comp goes to you, or you can send in a letter stating that immediately so the claims department will hopefully see that in time and not bother wasting their time or yours with sending an offer that has a third party (the LCO) doing the removal. It's been suggested by Dupont to send that letter stating your wishes in regards to who gets the comp for removal (the LCO or you), otherwise you'll just have to reject the offer if they don't have the comp for removal in with your total that is to be paid to you. Of course, you may be rejecting the offer anyhow if trees are not categorized correctly now with more death and other cost features.

    I know I will not use my neighbor's LCO for any work on my property. In fact, they never stated that they had chosen an option that included them in the money loop for the removal. I only signed for them to take more photos and send that in (2nd site visit).
  10. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Clarification to my above comment:

    "Dupont has stated that it is completely within the rights of property owners to reject that and demand that the amount of the compensation relating to tree removal also be paid directly to the property owner so the property owner can choose who they want working on their property."

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