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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

    I agree. And, Davey will not have a financial stake in my property since I will only allow who I want onto my property to remove the damaged plants and contaminated soil. I would never allow any third party to receive payments from Dupont that are supposed to be my compensation for my damaged property. When a person is in a car accident, the insurance company cannot make you get the car repaired where they want. By law they must compensate you in full and you decide where to get your car fixed (in most states).

    Incidently, to any Dupont employee or contractor who might be reading this thread; if you have information that would benefit victims of Imprelis damage please don't be afraid to report it to the proper authorities. There are much stronger laws in place now that protect and even reward whistleblowers. About a year and a half ago a DuPont worker won $500,000 in a whistleblower retaliation lawsuit. This was upheld by a state's Supreme Court. This involved the whistleblower's safety concerns about a phosgene reactor. Phosgene is a critical component of the chemical warfare agent phosgene oxime. "If the reactor had blown up", the whistleblower said, "there would have been a great loss of life." - http://www.legafi.com/lawsuits/frau...-500000-in-whistleblower-retaliation-lawsuit-
  2. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Office of Indiana State Chemist (OISC): "Imprelis residue was confirmed in host tissue by the OISC. In a few cases we also saw herbicide injury symptoms on annuals (tomato) and perennials..." - http://www.ppdl.purdue.edu/ppdl/weeklypics/1-17-12.html
    As of this past January the OISC stated that they have indeed found Imprelis in the tissue of these damaged plants (probably more now that time has passed):

    Arborvitae *
    Bird’s nest Spruce*
    Bald cypress *
    Colorado blue spruce*
    Eastern white pine *
    Norway spruce*

    Deciduous trees or shrubs:
    Maple *
    Privet *

    This list is only a partial list of the plants that have allegedly been damaged by DuPont's Imprelis.
  3. Watty

    Watty LawnSite Member
    Messages: 3

    I have White Pine, Norway Spruce, and Giant Arborvitae. Any information would be greatly appreciated. Thanks!
  4. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    AIRCORP has all the growth rates, but I do know the Giant Arborvitae have a growth rate of up to 3' per year. They are a fast grower. So, got to figure 3' per year x 3 years = 9' additional compensation per arb.


    arborday.org has a tree guide with some growth rates: http://www.arborday.org/treeguide/index.cfm
    Last edited: Jun 4, 2012
  5. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    I'm now concerned about the lack of studies done regarding Imprelis and it's long term effect on humans and animals. We're told there's no harm, yet even the Imprelis label suggests protective clothing and boots must be used when applying Imprelis. Why is that if there's no danger? Also, Roundup is another systemic herbicide and has recently, in the past decade, been found to have an affect on animal cell reproduction.

    "In 2002, a scientific research paper was published in Chemical Research in Toxicology, a publication of the American Chemical Society, entitled Herbicide Roundup Provokes Cell Division Dysfunction at the Level of CDK1/Cyclin B Activation. This bombshell paper reveals the real inherent dangers of the world’s most popular systemic herbicide.

    The model they used to test the effects of the glyphosate based Roundup was an embryonic sea urchin in the first cell divisions after successful fertilization. This is suitable for an analog study (meaning that it can be applied to human cell division) because these first divisions represent the universal cell cycle regulation.

    They found that a solution containing just 8 mM (millimolar, or 8/1000 moles) of glyphosate “induces a delay in the kinetic of the first cell cleavage of the sea urchin embryos.” This means that the initial cell division, which starts with cleavage of the single cell zygote is delayed, something which could prove destructive in human beings.

    Anyone who has taken a biology course can tell you that the human reproductive cycle is a beautiful, finely tuned, and remarkably elegant system. When this system is upset, say by toxins in the mother’s blood, the results are not pretty."

    Knowing how late some scientific research gets revealed and how much later we hear of a chemical or drug that has bad side effects, I certainly can't give up my right to file suit against Dupont in the future for problems Imprelis may continue to cause me, my family or potential owners of my property without absolute proper compensation. First it was 'safe' to use on lawns, now we see death to plants. What's next in the cycle of this toxin when it enters our body through eating a plant that has soaked up this stuff or the water from wells, rivers and reservoirs that we drink? Can Dupont guarantee in monetary terms our bodies or will they treat that like they are the 2 year guarantee they're giving for the rest of our trees?

    I'm not trying to be an alarmist, but these are things to consider before signing on any settlement.
    Last edited: Jun 4, 2012
  6. cleanponds

    cleanponds LawnSite Member
    from NW Ohio
    Messages: 23

    My claim form ( Option 2) was submitted on Dec 2nd and offer arrived June 1st. Since the inspection was done at this date damage now obvious was not seen on river burch. On Dec 15th I planted 9 dawn redwoods according to Duponts guidelines of new backfill, activated charcoal and 1 ft overdig. They are all as good as dead as of today. They are on a downhill sloop so the chemistry moved that direction. The 10 Norways and 9 Blue spruces planted the same day on a hillside are only slightly affected to date. Thus the offer will be rejected and new new visit needed. My offer to replace 6 trees from 5 to 13 ft ( 3 of them measured short) and care for 20 others on the property is $7800.00.
  7. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    cleanponds, the insulting offer Dupont sent you is unfortunately very typical from the reports we've received. Thank you for the warning to us all to not plant any new trees anywhere near the affected area and especially downhill from where the Imprelis was applied.

    Unfortunately in reviewing contracts sent to me from law firms I see many are going to soak our cases for lots of unspecified fees that we would've only expected in the class action filing which many of us avoided like the plague. Contracts are negotiable before signing. If they want my case, which they know is basically a slam dunk, they cannot expect me to pay the same amount out of my award or settlement that I would have paid in a class action just because they are working with other law firms in partnering to take care of a lot of individual cases. 33% plus common benefit fee assessments that can range from 3% all the way to 12% is questionable. That's on top of expenses and other fees. A coordinated litigation of individual cases saves everyone money and I would expect those savings to come back to the victims of Imprelis. To lose 50% of a possible settlement when using an attorney is unacceptable to me. I will continue to look for smaller firms who really want my business. I have done plenty of work already on this and can hire experts on my own if law firms are going to be charging me more than what that expert really charges them.

    I don't want to get ripped off by Dupont or by law firms. There are decent ones out there and I will find them or they'll find me. I'm already a victim of a toxin that has ruined my landscape and property value, so I hope to find a true advocate in an attorney who will represent MY interest while they get paid a very comfortable 33% + reasonable fees and no common benefit fee (or one that is small, but then not splitting an aggregate settlement where I don't get the amount deserved for my loss).

    Still searching for the right law firm.
  8. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    A Kansas homeowner has filed suit against the LCO that used Imprelis on their property. Surely, that homeowner is also suing DuPont since the amount they're asking for in the case against the LCO is way too low to replace the 75 trees he lost. This is the first case I've heard of someone suing the LCO.
    FoxNews in Kansas:
  9. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    That LCO looked like he did the right thing and notified his clients and kept them up to date. $50,000 isn't much for 75 trees and shrubs. I think there is more to the story.

    June 5th, still nothing from Dupont. More time to research and talk to attorneys.
  10. cleanponds

    cleanponds LawnSite Member
    from NW Ohio
    Messages: 23

    As a homeowner and Lawn Care Business owner effected by Imprelis I can see both sides. I can see why at some point a homeowner is not getting satisfaction from Dupont that they would come after the LCO. The contract was with the LCO not Dupont. State and Fed should be stepping up to the plate and holding Dupont accountable for this disaster. Expect to see more pressure put on LCO's as Dupont drags their feet and continues to comes up short. I think it is becoming evident that if Imprelis was sprayed on your property "every" plant possibly including the turf was (is) impacted by this chemistry.The LCO industry may be forever changed by this situatuion.

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