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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

    Here's a link to an article everyone needs to read (and print) that has been involved in the Imprelis issue, whether you're a homeowner, lawn care service provider or property manager:
    "DuPont Imprelis update: still no satisfaction for most tree owners"
    by Todd Heft on June 7, 2012 in Environment, Organic Lawn Care, Tree Care


    Imprelis’ residual chemical action
    This year, many homeowners are seeing new damage to trees more than one year after Imprelis was applied. The active chemical, aminocyclopyrachlor, does not break down in the soil in the same way as other chemical herbicides do – aminocyclopyrachlor requires ultraviolet rays and bacteria to eat away at it. If sunlight and bacteria can’t act on it (like if it’s below the surface in chemically fertilized soil which has destroyed the bacteria), when new rains fall, the lying-in-wait Imprelis is pushed deeper into the soil where it finds ornamental plant root systems to attack.

    From the University Of Minnesota Extension: ”Imprelis does not bind well to soil particles and is a very water-soluble compound… Because it is active over a long period of time in soils and because its low adsorption and high solubility allow it to move downward in soil,… Imprelis was able to reach the root systems of ornamental plants,… and injury occurred. "

    The risk in replacing Imprelis damaged trees
    If the Imprelis problem was in my yard, I would be very leery of planting new trees in the same area as the damaged or dead trees. When the Imprelis damaged trees are dug up and the soil is disturbed, that action may stimulate the still active Imprelis down toward the roots of the new trees and nearby plants. The new trees could be damaged by Imprelis and many surrounding plants as well, starting the whole aggravating process over again.

    The legal claims against DuPont drag on
    As homeowners grow more irritated with DuPont’s delayed resolution process and legal firms become more aggressive in recruiting them, it’s estimated that DuPont’s Imprelis liability may skyrocket from the Wall Street estimate of 1 billion dollars to 3 to 4 billion.

    According to comments on the investor website Seeking Alpha.com: “If Dupont doesn’t properly and sufficiently compensate quickly… those whose properties have been damaged by Imprelis will give up on that claims process and many many more will head to court and demand jury trials. In many states, such as Ohio, there are treble damage laws in place to ensure the compensation to plaintiffs is tripled...This time Dupont won’t be able to downplay this Imprelis mess because it damaged the properties of a wide range of professionals who are waiting to see if Dupont makes good on their vows of compensation. These property owners are lawmakers, judges, attorneys, television producers, media news professionals and others who will not let this go unnoticed by the public or Dupont shareholders if they are not satisfied…”

    -Environment, Organic Lawn Care, Tree Care -June 7, 2012 Todd Heft
  2. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    I think its 10 days and 10 posts. Great article, thank you. Nice to have support.
  3. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Really watch your perennial beds this summer. Another neighbor not next to me, but who had their condo common lawn treated last year with Imprelis has reported the plants she had planted last year are now dead. She had spent over $1000 to create that once beautiful perennial bed and didn't realize why it all died until this week. No one ever warned her about Imprelis. Her husband just passed away before she planted that garden and now that garden died too. That's just beyond sickening. Please pray for her.
  4. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    Annuals planted this year aren't faring well either.
  5. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    This thread on DuPont's Imprelis settlement offers and experiences is now close to 14,000 views in a short time which I did not expect. Anyhow, I have the DuPont Imprelis Claims Resolution Process offer c/o Epiq Systems and want to share with everyone some of the excerpts from the offer that are absolutely objectionable to me.

    All together my packet is about 17 pages. It arrived via UPS overnight at my door and no signature required.

    Some of the parts I could never agree to:

    "Once DuPont receives the signed Agreement, it will begin the process of arranging for tree removal and other steps, as applicable and consistent with the Agreement. Payments will be made via check and sent to the address indicated at the top of this letter."
    Payments (plural)? No guarantee of timely payment in full is given anywhere!! So, legally they can pay you $20 a year or whatever and whenever?! Amazing.

    "Removal and Disposal:
    ...DuPont will arrange for proper removal and disposal of these trees by paying XXXX Landscape (original neighbor's LCO) or a tree removal company designated by DuPont directly for this service on Owner's behalf."

    They don't want to compensate the owner directly for this but force you into who they want to do the work. Those LCO's who chose option 1 will be contractors working for DuPont and so they need to expect a 1099 on that too like they got with the work they did when sending in the site visit reports. This must be a small way they are trying to keep LCOs happy so more of them don't sue DuPont too. I understand, but I won't allow this for my property. All compensation needs to be paid to me, the victim, and I'll decide who does the work. NO VALUE AMOUNT WAS SHOWN OF WHAT DUPONT WILL PAY THE THIRD PARTY FOR REMOVAL. I've heard some have received the figure, but it's not in this offer which I specifically told them I demanded to have (they ignored my demand).

    ...If Owner decides to purchase replacement trees from a tree replacer other than those listed on the designated qualified tree replacer list the Limited Warranty for new trees identified below may not apply."

    First of all, I realize this is probably another attempt to keep those LCO's happy so they don't sue since those listed were users of Imprelis and DuPont wants to give them some business out of my compensation. But, I want trees from the same grower I had before to match the rest of my landscape and I want premium quality and not the conservation quality that is cheaper. Also, the tree warranty is only 2 years and yet I've been notified I shouldn't attempt to replant for a good three years and others have reported their new ones are now dying since Imprelis seems to still be lingering in the soil whether you treat it or not. REJECTED

    "Additional Payment:
    ...represents 15% of the total value... for any claims for loss of aesthetic enjoyment; loss of use; loss of property value; or claimed damage to other trees, shrubs, grasses, or other plants."

    Hello, Mcfly! Are you kidding me! These losses are WAY more than this measly offer. Unacceptable!!! REJECTED

    Healthcare (do they know something we don't?):
    "Owner and Dupont agree that no medical claim has been made or released by Owner that would implicate the Medicare Secondary Payer Act or the Medicare, Medicaid, and SCHIP Extension Act of 2007."

    "In executing this release, Owner understands and acknowledges that it may discover facts (including but not limited to facts about Imprelis or DuPont) or damages, or incur damages that were unknown or unanticipated at the time this Agreement was signed. Even so, Owner expressly, knowingly, and voluntarily agrees that owner's decision to enter into this Agreement is made with regard to such possible future discoveries, and the Agreement cannot be reopened in light of any such future discoveries."

    Would you sign this? Not me! Scary.

    I am rejecting their offer and have retained a law firm who is really a fighter and yet has more reasonable fees than I've found elsewhere (and I've interviewed others). Not in class action.

    Have a great weekend everyone.
  6. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    :hammerhead: All I can say is Wow.
  7. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Due to symbiosis, relationship and dependence between plant life and insects such as bees, there may be unforeseen dangers involved with the destruction allegedly caused by Imprelis upon flowering plants that have shown damage from Imprelis saturated soils migrating from lawns. My vibernum, which just bloomed in a deformed manner, also had dead bees resting upon the blooms. It normally would bloom profusely with white flower heads, but this year those near the Imprelis treated lawn adjacent to me have bloomed brown flower heads. This needs to be studied. I'll be freezing the dead bees and plant samples. There has been no pesticides used on or near this plant nor adverse weather. I know we've been told the herbicide is not supposed to hurt animal life directly, but is there a problem that developes within the molecular structure of the affected plants that can alter the symbiosis?
  8. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    As many, including myself, see continued progression of damage spreading beyond the areas affected by Imprelis last year, is there any way to try to stop the spread besides digging an ugly trench? I realize using activated charcoal has been shown by some to provide little results in the soil when replanting and thus the new trees have died (as Imprelis migrated from the areas not dug up), but is it possible to spread it over a lawn to try to help neutralize the toxin from spreading to new areas? Can activated charcoal be watered in to lawns without hurting grass? Or is it really just a way to try to neutralize a toxin, but it can't block it?

    I've got some very expensive landscape that if Imprelis reaches it in the next few years it would mean trees that can't be replaced (huge Austrian pines and Maples). If I end up settling out of court at some point in the next year and then I see even more damage I will be very upset. I guess that's why my attorney will be fighting for a large enough settlement to compensate for the additional risk involved from future migration of the toxin and its "undiscovered damages" as DuPont puts it in their offer they're sending out (that they don't want to deal with and hope you'll sign).

    An additional tree on Chemung Hills Golf and Banquet Center property appears to have suffered damage by a discontinued DuPont herbicide, Oceola Township officials said last week.http://www.livingstondaily.com/arti...ment-offer?odyssey=tab|topnews|text|Frontpage

    County owned golf courses are seeing more damage that was not originally noted when site visits were done by DuPont. In my opinion, a city or township that has an attorney who recommends to their county's board members just to accept the DuPont resolution offer "to get on with it" seems really lame. We'll see if some of these local politicians can really understand what they're agreeing to or will they just lie over and not really have concern for the future of their community's land. Of course, it's not as great a loss for a big golf course to lose another tree in the midst of such huge space, but for a homeowner it's a very different story.

    Imprelis-treated waste handled differently

    This article has reminded me that the LCO who cuts my neighbor's lawn does not catch the clippings (they also were the ones who used Imprelis). Is more being spread by mowers as the grass reportedly may still have Imprelis in it? How many adjacent properties are still getting splattered by this stuff every time someone mows and doesn't catch it? Now, some states are ordering glass clippings to be taken to specific dumps and even charging by the cubic yard. This just keeps getting worse. :mad:
  9. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    June 11th. Nada from dupont. My Japanese Maple by the pond is showing damage. I have a carnation plant in a planter and one in the ground. Difference in night and day.

    I just can't imagine starting over.

    This part terrifies me.
  10. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    On a slightly lighter note, I now refer to Imprelis as the 'Vampire Toxin' due to the fact as long as it stays out of the light (like deep in the soil) it seems to continue to kill for an extended period of time.

    Aminocyclopyrachlor (Imprelis) requires ultraviolet rays and bacteria to eat away at it. If sunlight and bacteria can’t act on it (like if it’s below the surface in chemically fertilized soil which has destroyed the bacteria), when new rains fall, the lying-in-wait Imprelis is pushed deeper into the soil where it finds ornamental plant root systems to attack.

    If you've seen any of the Underworld movies you will have seen them use ultraviolet light bullets to kill vampires. Here's an image of the props used in the movie: http://www.yourprops.com/Tannis-UV-...-Underworld--Evolution--2006--prop-22237.html

    If only this worked in the real world we could stop the Vampire Toxin from attacking our property. We need an Imprelis Slayer; a superhero arborist trained in the art of tracking and eliminating this evil entity lurking beneath our feet.




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