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

298K views 1K replies 48 participants last post by  Da Forest 
#1 ·
If your a homeowner or business that has been affected by the damage caused by Imprelis you may submit your questions, comments, experiences and advice without judgement or criticism by others. I'm a landscape professional and property owner who has had landscape damage caused by Dupont's Imprelis.
 
#5 ·
More lawsuits filed against Imprelis maker Dupont: http://www.jsonline.com/news/waukes...upont-over-tree-damage-jm4afsh-140211533.html

It is not stated in this article whether any of these property owners rejected Dupont's offer within the claims process set up by Dupont or if they were never a part of Dupont's claim process. Dupont has hired Epiq Systems which helps corporations with recalls, damage liability issues and claimant compensations.
 
#6 ·
what is odd is the bulk of the damage is in the northern states where there was more rain???
its a real mess
I agree. From what many researchers have claimed, Dupont allegedly didn't properly test the product with the thought of certain rainfall levels and proximity to susceptible shrubs and trees. The product certainly migrated as it leeched into the soil and was sucked up by these conifers during their important feeding cycle.
 
#7 ·
Thanks for starting this thread and the links. I didn't see homeowners had an area and that we weren't supposed to post on other threads. My apologies to any LCO that was inconvenienced by my posts.

This forum is the only place that I have found any updates on what Dupont is doing. They aren't informing my LCO and when I call, they say be patient.

I don't want a fortune. I want my yard to look like it did before it was treated with Imprelis and thats not going to happen. I have dead pine trees and pine trees that look like aliens. My peach tree is toasted and my weeping willow? Before the leaves fell off, the leaf went from single leaf to triple, all grown together.

We took good care of our trees and paid huge water bills in drought summers to keep them healthy. I consider that part of reimbursement.

Something else that is bothering me and unless you are an animal lover, you won't understand. My back white pine has been my burial ground for my pets. The thought of them being dug up breaks my heart. That tree might will just be leveled at the stump.

Star, please keep me posted. Seems you have an inside on whats happening and I do appreciate it. When I get an offer, I'll share. Dupont is in no hurry and I won't rush to settle.
 
#8 ·
Here's a good article that summarizes the Imprelis situation well:
http://www.winonapost.com/stock/functions/VDG_Pub/detail.php?choice=46191&home_page=1&archives=

Some worthwhile information for homeowners provided in the article:
"DuPont has promised to settle with homeowners and others who have dead and damaged trees from use of Imprelis, but some trees are very old, and will probably be replaced with younger trees, changing the look of the landscape. It is also important that the trees be replaced correctly, to avoid contaminating the new trees." - this is something each homeowner must evaluate to see if the possibly permanent change to their landscape is valued correctly by Dupont. Also, will Dupont compensate for not just a tree/shrub of equal height to what was damaged or will they compensate for the height that damaged tree/shrub would have been at the time of replacement which could be 1' to 3' higher by the time the settlement is reached with the homeowner? For some with symetrical landscape, such as trees/shrubs lining each side of a drive, if one side was affected then the other side continued to grow past the heights of the damaged side. Therefore, a reasonable adjustment by Dupont to compensate for the height of tree/shrub it would have been could be demanded by homeowners.

Article above in link also provides more insight into possible lasting dangers:
"Because Imprelis doesn’t break down, it’s effects are also being seen at compost sites. Imprelis does not bind to the soil, and could conceivably seep into the groundwater as well. Composters are urged to take care with grass clippings. Clippings that come from Imprelis treated lawns, and wood trimmed from Imprelis damaged trees cannot be used as mulch, as it would infect the plants mulched with the product."

Source: Herbicide kills trees, recalled (02/08/2012)
By Frances Edstrom
 
#9 ·
Dupont has confirmed that the offers they are sending to Imprelis damaged property owners is not a take it or leave it offer. They are receiving counteroffers for property owners who are following the instructions they send out with the offer. Other cost factors such as property value loss, impacts to privacy, additonal costs involved in digging due to utilities, additional costs for matching other trees that may have grown since the time the damaged ones stopped growing, all can be claimed in the counteroffers. The first offers are very basic going of simple formulas that don't take into consideration things like the loss of the money you put into the maintenance of the shrub/tree through the years up to death (that money you spent is now wasted since Imprelis damaged your tree you were faithfully maintaining) or things like the difference in cost between when it stopped growing and what it should be when you replace it. The initial offers just goes off the measurement at time of site visit. But they know that if you have a row of trees/shrubs and let's say 4 need replaced you aren't going to put it ones that are now 18" shorter than the others that continued to grow, therefore that is to be included in your counteroffer letter back to them.

They are reviewing counteroffers. Their claims process is a process. Patience is needed, but of course as your other trees grow the ones that were supposed to match become more expensive for them to compensate for in counteroffers so they are trying to move as fast as possible from what I was told. Some property owners are leaving the process in order to file in the courts. It's something we all must consider when reviewing their counter proposal to our counter proposal.
 
#10 ·
An arborist from Davey Tree told me the figures they've seen from the claims process are too low for the actual work and replacement involved. Some owners finding out after agreeing to what they thought was good compensation that the 15% 'extra' compensation is getting eating up in the replacement process. These are ones who did not counteroffer to make sure they included all their losses and ones who didn't actually get real appraisals of the value loss, costs to dig/replace, costs to make sure the new ones match the new heights of their other shrubs (when they were supposed to match for symetry), and maintenance.
Just relaying what I was told.
Note: I understand Davey Tree also used Imprelis on properties.
 
#11 ·
An arborist from Davey Tree told me the figures they've seen from the claims process are too low for the actual work and replacement involved. Some owners finding out after agreeing to what they thought was good compensation that the 15% 'extra' compensation is getting eating up in the replacement process. These are ones who did not counteroffer to make sure they included all their losses and ones who didn't actually get real appraisals of the value loss, costs to dig/replace, costs to make sure the new ones match the new heights of their other shrubs (when they were supposed to match for symetry), and maintenance.
Just relaying what I was told.
Note: I understand Davey Tree also used Imprelis on properties.
Star, again thanks for the information.

I'll wait for my offer and then have the tree company that listed, come out.

I guess I can ask the tree company but if any LCO wants to answer, great. We skipped spring last year and jumped into summer with 100 temps. Does that mean we have to wait till fall to plant trees?
 
#13 ·
Dupont called me to discuss some of the extra costly items that the Imprelis damaged trees have incurred and the fact that since the ones that died would have been the same size as the ones they're supposed to match on the other side of my drive. Since their first estimates are only based on the size the trees were when the site visit took place, the rep said I will need to send in the information within the counteroffer. They are accepting counteroffers for review. The first ones they send out are the lowball figures (which Davey Tree stated it would not be enough for all the work involved). The Dupont rep told me its good to gather all information that causes the settlement to have to increase to make the property 'whole'. Any extra digging to remove all the roots, Imprelis soil, moving/replacing utilities, property value loss, and demands that the trees to be replaced be done so with ones that are the same size as the would have been had they not been damaged by Imprelis, all these things are to be included on the counteroffer you send back to them. They understand that each property is different and what one offer could work for one property doesn't mean it will work for all to bring the property 'whole'.

It was also suggested by a supervisor at Dupont (in the product recall department) that the areas like mine that had heavy damage may mean not being able to replant on those areas for an undertermined time due to it still being in the soil. Studies have found it can last over 1 year and where it was used heavily plants can't grow and their growth is stunted and abnormal. They even suggested they would just grind down the stumb. Since that would permanantly ruin my landscape the compensation would have to be increased greatly. She then got quite and said this was beyond her ability to help in the matter and consultation with others would take place.

Many of them do not know much about plantlife, landscaping and true costs for labor. They are depending on an accounting firm Deloitte LLP to come up with the case by case $ figures based on tree prices, but they don't get all the information about your claim, so their basic formula figures must go back to Epiq Systems to handle mailing them out. Once a person rejects the first lowball offer they can send in all the information (appraisals help) to show them the true cost to make you 'whole'.

Some small claims seem to get accepted easier since costs are smaller, but get proper estimates done to see how much it will really cost.

Dupont will not pay any contractor to do the work, even if they've worked out 'deals' with them. They can only send the property owner the full check for the whole settlement and it is up to you what company you want the work to be done by. You can hand pick the trees and have more control over the relandscaping of your property.

At this point, mine is still in review. I need the settlement so i can first remove the destroyed trees and ruined soil. But, I'm going to wait until fall to replant since I don't want harm to come to the new ones. If your area wasn't as hit as hard as mine you maybe able to plant earlier, but use active charcoal in the soil and even the lawn around it since its still in the lawn and that could migrate right back into the tree bed.
 
#14 ·
Thanks for the update.

I'm in the same situation. Everything is dead or dying or deformed. There is no chance of replanting, we are going up to 80 degrees here, last summer was mostly in the 100's so it'll be fall. All we can look at right now is removal.

The tree company on the list examed everything. Was hoping the Weeping White Pine wasn't hurt but he showed me the damage.
 
#16 ·
Star, if you're still posting? I see the LCO's are getting 1099's for the legwork they did. How will that work for homeowners when Dupont gives us a check?

Also we're concerned with the future problems with the Imprelis in the soil such as how the EPA handles company chemical spills. If we sign off, are we liable for the future clean up?
 
#17 ·
Yes, the LCOs are getting 1099's because they are basically working for Dupont when they agreed to do the site visits. The money they receive from the visits is not considered damages, but income. LCO's will only get damages if they work that out with Dupont or file suit depending on if they lost clients, income, etc.

Since Dupont's offer to property owners is for damages there shouldn't be a 1099 since it isn't income. You didn't work for them. Just like if you get a check from an insurance company after someone damages your car. That is not income. But, it's always safe to check with an accountant.

As far as being liable for future Imprelis damage and cleanup, the settlement offer addresses that, but I am also concerned about long term damage after the 2 years they promise to cover everything. Even if the long term affects don't kill, what if it still hinders long term growth? Dupont's own tests showed it was still affecting soil after a year. The stuff is potent. Sure, some seeds might germinate, but what about long term affects on growth of conifers you replace? That's why I'm carefully examining Dupont's initial lowball offer to see what the true damages are and what I should really be compensated for in giving up my right to take them to court later if more trouble arises. That is why they are really pushing to get as many to do their claims process and maybe they will compensate fairly just to avoid a lot of rejected offers and hence more lawsuits, especially in states with treble damage laws like Ohio which pertains to anyone even damaging your landscape, not just stealing plants.
 
#18 ·
That's why I'm carefully examining Dupont's initial lowball offer to see what the true damages are and what I should really be compensated for in giving up my right to take them to court later if more trouble arises. That is why they are really pushing to get as many to do their claims process and maybe they will compensate fairly just to avoid a lot of rejected offers and hence more lawsuits, especially in states with treble damage laws like Ohio which pertains to anyone even damaging your landscape, not just stealing plants.
They sure aren't in any hurry. If they are pushing to settle, I haven't seen it. Its been close to a year. I hope they do the right thing the first time.
 
#20 ·
#25 ·
Looking forward to any updates you share. Let us know what company Dupont hired in your area to do the site visit. On my first site visit I asked the arborist if they thought the trees were recoverable and they said no. They may not offer to tell you anything, but can respond if you ask them a direct question. The more information you have direct from the arborist the more you have to speak directly with Dupont about it. I've been talking to Dupont a lot. I don't deal with the LCO at all since they don't know anything from Dupont anyhow. I've gotten more information from Dupont on my own.

Thanks for providing the link to MSU report. Another one for me to print and file into my Imprelis folder.
 
#26 ·
Star, Dupont had a contractor and a Davy employee. It was nice to recognize the Davy name as one on the list of supported tree companies and to also know they were a company that had used Imprelis.

A couple of my trees had new growth, deformed but new growth, insides are toasted and deformed. I know the root system has possible damage causing future problems.We asked how long the Imprelis stays in the soil and they didn't know.

The trees with damage that weren't on the report filed weren't inspected and will have to be on the counter offer.

I've followed guidelines and had a listed company arborist come out and do the inspection. My trees are 35-40 ft tall, confirmed height so I don't have a chart for that height.

It should be a no brainer for Dupont. I have the estimate for the tree company that they asked us to work with, I'm sure the mature trees, they know the value and I expect them to do the right thing.

I only had one tree that improved and that was my peach tree. I won't be eating any peaches though.

Also we mentioned our runoff was killing the trees next door that we bought and planted and we were lead to believe that would be our problem. Uh don't think so. So glad that I've kept up to date here on this board. My neighbors have turned in their own claim.

I guess I'm confused that the reps being sent out don't have many answers but there are only there to confirm damage and sizes.

This beauty hasn't changed except its crispy now. The other tree is my front yard Christmas tree.

Plant Terrestrial plant Larch Evergreen Grass


Plant Terrestrial plant Tree Evergreen Twig
 
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