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

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


    AIRCORP LawnSite Member
    Messages: 16

    Someone has asked me if I am an attorney? No, I'm not. I'm a plant scientist who has been working on investigations such as this since 1993. I was an expert witness in DuPont's Benlate issue from 1994 to 2000. I know a little bit about DuPont.

    Yes, I am working or have worked for many attorneys and insurance companies evaluating Imprelis injury.

    Yes, I have discovered new and more extensive damage this year on Imprelis properties, more than was listed on DuPont evaluations last year.

    What I have seen in the DuPont resolution offers is pretty fair. I reommend you take it.

    Yes, it probably is below what you could get if I were to analyse this for you. And I would consider all the hardwoods, shrubs, plants, turf, costs for fencing, erosion control, charcoal treatment, soil removal, in some cases complete removal of turf and soil where contamination is high, damage to driveways, sidewalks, fencing, septic systems, irrigation, underground dog fence, and on and on.

    The additional 15% that DuPont offers may cover some of these expenses maybe all of them, maybe you'll have lots of additional money because they over pay you.

    If I were your expert, I would measure the height of your trees using a laser devise very accurate, not just guess or take a photograph with a yard stick in the picture. I've checked some of DuPont's tree height measurements and found them to be off 4 to 8 feet, that could mean thousands of dollars just using the DuPont tree values. But, it might also mean the over estimate as well to your advantage. I know DuPont wants to be fair with you so, I believe they probably would over estimate to give you the advanage because they recognize the hardship they caused in your life when they dumped their toxin on your front yard.

    But, if I were you, just take the DuPont settlement and be satisfied. You might have to wait for the attorneys to do their job and bring justice to this case. DuPont is going to send you a check, it's probably already in the mail.

    The attorneys I work for are working for people who want justice and to send a message to DuPont that Americans are not going to be puppets or guinea pigs for DuPont. The people I work for a strong Americans with strong beliefs and defend our civil liberties. But it takes a special kind of American to stand up for their rights, the rights granted by our constitution, the rights that will keep America from having to experience this type of contamination in the future.

    For those of you looking for a quick settlement, just sign off on your release and move on. DuPont will eventually send you a check. If more trees continue to die I'm sure DuPont's guarantee will provide you with economic compensation for your future loses. And those of your neighbors where the chemical ran off and damaged their property. I'm sure you all notified your neighbors to let them know what happened. I'm confident you did this.

    And yes, those American lawyers have to charge a large fee and expenses to bring justice. And yes they all get real rich in the process. And yes, some property owners are willing to make sacrifices, to pay a little more, to give more of their time and money to make sure this does not happen to their children and grand children. Those are the people I am proud to say I work with. They put principal over profit.

    And yes, expert witnesses, like myself, make money so we can buy cameras, laser measuring devices, computer systems, software, satellite images and software, vehicles, spend 8 months a year away from their family, miss their dogs, and birthdays, and holidays, trudge across miles of Imprelis impacted turf wondering if there will be future consequences to our health, be out in the snow and rain and cold and heat. Yep, we are all getting real rich off this process.

    And NO, I'm not looking for any more work. I'm too busy as it is. So don't even ask.

    My purpose here is to help you and to have you help me get data from resolution agreements on trees over 50 feet tall. That is my purpose.
  2. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    I typed a long reply AC, bit my fingers and deleted it.
  3. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Aircorp, so I hope I understand you when you said in an earlier post that those who have trees under 20' to be careful about Dupont's offer because what you've seen in offers is too low. And, in your most recent post you mentioned accepting Dupont's offer, but I assume, taking into account your previous concern about low offers, that you are directing that to those with larger trees. Do I understand you correctly?

    Also, how can anyone of us simply and blindly trust Dupont to send a check if we agree to an offer unless it is stipulated how long they have to send the check? A court would never allow an open ended payment for compensation since a losing defendent could stretch that time out forever. Sure, you could take them to court to get the money, but if you've already signed off on never suing them you're screwed.

    And, as far as trusting the EPA scientists, how can we do that when they seem to have failed us taxpayers by allowing a product that kills trees and certain shrubs to be used by LCO's on residential properties? Maybe it wasn't the EPA scientistific research department that failed to make Dupont label correctly, but I'm sure you'll understand some of our frustrations concerning the EPA as well as Dupont. If the EPA does fine Dupont they should be made by Congress or the Justice department to give that money to those who've suffered loss. But, this will just be another windfall for government agencies. Sorry for my rant on government, it's not toward you and I really appreciate your input here. If I find out figures from those with 50' trees, I'll certainly let you know.
  4. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Aircorp, have you done any site visits in Northeast Ohio and have you seen anyones first offers in Ohio? I know some who did not receive fair offers that would cover everything, but those were under 20' as you mentioned earlier. Like you said, there are many things that end up costing the homeowner more money in the digging, removal, replacement costs that don't get figured in unless someone sends back the rejection and includes those items in their demands. Have you seen any second offers from Dupont after property owners listed the additional damages, or are you only seeing their basic costs charts that they try to use? Sorry for the many questions. I realized when I read your first post you were working for law firms and therefore obviously the law firm's clients have left the Dupont Claims Process or were never a part of it to begin with. Have any of the attorneys you're gathering information for have clients who were trying Dupont's direct process but then gave up or are they ones who simply filed suit right away? I appreciate any input you feel you can give in a general way.

    AIRCORP LawnSite Member
    Messages: 16


    Good morning.

    Most of our clients have tried the DuPont process and became frustrated because DuPont wouldn't even return their calls. Secondly, those that counter claimed never heard back from DuPont. Can you imagine what would happen if DuPont paid even one counter claim? The entire USA would be counter claiming to get a fair and equitable settlement.

    Yes, I have been in Marion, Ohio and eastern Indiana. Actually, last week I was in the Grand Lake area. I have also been in NJ, PA, MD, DC, OH, IN, IL, MI, MN, KY, KS, MO.

    At 6:21am I got a call from Michigan. DuPont has sent a check and was received by a home owner for $7,000. The checks are in the mail like I said yesterday. Just wait.

    Now, what does a home owner have do do with that money? There are people just waiting for those checks to hit the ground. They are waiting to sell services and plants. Chain saws will roar, prunning shears will clip, earth moving equipment will be digging holes, grass will be seeded, then the final bill will hit the home owner. But, it goes on, the injured trees get maintenance for the next two years, if you don't do the maintenance, and the tree dies, you don't get the tree replaced. If you don't carefully document the maintenance and keep all the receipts, you don't get the tree replaced.

    The evaluation for those trees was done last year. Yes, a checkup by DuPont may have occurred this spring, but nothing changes unless it is to DuPont's advantage. So, from my observations, the majority of the injured trees scheduled for maintenance have further declined and probably should be replaced. What a mess.

    Have a great day.
  6. Tree Lover

    Tree Lover LawnSite Member
    Messages: 17

    Morning Aircorp,
    you may have seen some of my pictures I posted early in this thread. We live in Wooster Ohio and have over 54 dying trees. 51 are White Pines and 3 are the Norway Spruce which you can see in my pics. are now dead. Our white pines have all curled and browned on the tops and throughout, much worse then when Dupont came to our site in August of 2011. I know Dupont made 3 site visits in our County and ours was one due to the amount of loss we have. My question to you is...have you seen this much damage to a home owner's property. I realize golf courses and housing developments have several trees but we live on 1 acre of land and all our trees wrap all the way around our property standing between 15 to 30 feet tall. We are also seeing brown and dying in our arborvitaes (have you seen them dying also?). Back to what I was asking...have you seen this much damage on one person's resident property? Do you think Dupont will take into consideration our entire property will be tore up to cut down and replant all 54 trees? We have not seen our proposal as of yet, I check the front porch daily. But from what you have heard and seen do you think with that many trees Dupont will be willing to compensate fairly a home owner? (since we are not a golf course or nusery or company)
    Thanks for your time
  7. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Thanks for your reply! Well, if Dupont doesn't offer a proper counterclaim to someone who clearly shows further damage and increased costs in their rejection letter to the first offer then it's off to court many more will go. I also heard that some have received the check from Dupont's offer, but other news outlets are reporting there are people who agreed to the lower first offers and yet still have not received any money nor contact from Dupont and it has been months. Have you seen anyone's offer from Dupont and if so does it have any reference to how much time the claimant must wait for the compensation check if they approve the offer? If there's no time limit given in the agreement then it is a legal open ended offer and I will never agree to anything like that. I can't go by hope and hearing that some have received the check I have to have it in writing.

    It seems I maybe one of the ones who really cares enough and knows the value of my loss enough that I may have to go the way of the courts to be fully compensated. I'm in this direct compensation process and I'll give it a chance first. The longer Dupont drags this out the higher the compensation they must pay goes, so we'll see what happens.

    Also, am I correct in believing that the 2 year maintenance applies to those who agree to use Dupont's contracted folks and not to those who demand all compensation be paid directly to the property owner and none to third parties? Then it's up to the property owner to use the money to hire who they want whether it's removal, replacement, maintenance... I was told this by a Dupont rep concerning how they will handle my claim and that if I agree to the offer they'll just cut a check for everything (and be done with me).

    I understand some cities who've had damage are dealing with this same issue and wanting all compensation including removal to be paid to them and no third party. I asked Dupont and they said, yes, you can put that in your rejection letter and "of course it is your right to hire who you want to come onto your property, you don't have to use the LCO for removal even if that LCO used the option 1 forms."
  8. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Well TreeLover it looks like you've had over 10 posts, so do you still have to wait until you can activate your private message option?
  9. Tree Lover

    Tree Lover LawnSite Member
    Messages: 17

    Hello Starbuy, I have 10 posts but still need 10 days
    I started on 5-16 so as of tomorrow I think I will be good to PM.
    Crazy eh??? I will be sure to set that up as soon as I can tomorrow to PM.
    Thanks for reminding me.

    AIRCORP LawnSite Member
    Messages: 16

    Tree Lover
    So many questions.
    1. Yes, I've been on homes that look like napalm was dropped. And yes, much more damage than yours. You can't believe the high end properties that used this product.

    2. Arbs are toast in many places. I've seen over 300 arbs on just one property. They tried to cut them in half to get rid of the top death and destruction. Well, now they have half of death and destruction this year.
    3. Check your maples and oaks. Look for odd shaped leaves with cupping and stretching. How do you post photographs on this site? I can show you what I have been seeing here in Missouri and Michigan.
    4. Lilacs, rose of sharon, rhododendron, hydrangea, and other shrubs are dead or dying. You may find spider mites, aphids etc. attacking your plants and you say to yourself that the "bugs" are killing my trees. No, they are just cleaning up the mess, evolution, survival of the fittest, the bugs and disease attack weak plants.
    5. DuPont adds on 15% for other things such as replacing your turf etc. If you have to resod your lawn, fix ruts etc. one should consider about $15/sq yard because of all the labor and materials. You can reseed, but many of the properties I've been on find that seed may not germinate or when it does it curls up and dies. Ask DuPont what kind of grass seed they recommend for replanting.
    6. You are lucky you don't have irrigation in your yard.

    Hope this answers your questions.

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