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

    This week another LCO told me he is seeing a number of replacement trees being planted for those who accepted the class settlement. He said, "just watch those trees, because they may look okay the first 3 years, but I believe normal growth alterations may become visible in 3 to 4 years, just watch." Of course, if that happens it will be past the replacement guarantee expiration.

    I've been watching one near my property (not mine) that was a replacement and the top is already completely yellowed and curled. It's so sad to watch this process seemingly start all over again. I sure wish this junk in our soils would disappear! We still don't know for certain when the impact of this toxin will finally be no more.

    Tomorrow, June 28, is the last day to opt-out of the class action settlement if a person believes it is not sufficient for their property to be made 100% whole. Looks like more are opting out. Here's another report:
  2. PapaD

    PapaD LawnSite Member
    Messages: 32

    Starbuy - Have you gotten any indication from any attorney that they have accomplished anything beyond what is in the proposed settlement agreement?

    Any attorney that I have talked to has not been able to offer me any solid evidence that they have had any success in negotiating with DuPont. Without some evidence that they can improve on the settlement agreement, it seems like a long road down the legal path, with an unknown outcome. For me and our community, that is not an attractive option.
  3. TreeNut

    TreeNut LawnSite Member
    Messages: 80

    I have heard it could be 6 months to a year. That's why we're replacing on our own and expect to be paid later.
    I will say we have seen improvement on some of our trees, especially arborvitae--but the Jap Maple is clearly dead, although it's hanging on to curly, dried up, reddish leaves. I planted a crab apple that's doing fine; Our Norway Spruce (one died early on), still grow, but not from the top and are distorted on the sides. We're told we 'could' train new leaders...(no thanks). We replaced a very large locust 1 year after spraying--it has several dead branches, mostly at the bottom, but otherwise looks very healthy and we'll keep the tree.
  4. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    I'm sure you'll understand that I can't talk about that nor have I heard of any jury trials yet. And, most of the time settlements can't be discussed publically. Some can more easily accept the current offer than I can. We each have our own situations, extent of damage, property value losses and time frames. I know I made the only correct decision that I could make for my particular situation. And, the replantings I've seen with other properties confirms several things to me. Don't get me wrong, it makes no difference to me what people decide in how they wish to handle their own property. It's just important for people to be informed. When this damage first became visible on my property I couldn't find information. I and others couldn't get certain questions answered by the DuPont Resolution process nor better guarantees. This forum has helped us learn more about many things along with alternate choice we had if we knew the offers to us were insufficient. I was one who wanted to handle everything myself and didn't feel like I needed any legal assistance. That all changed when I got some unacceptable answers and offer from DuPont. I have much more damage than what DuPont was seemingly willing to reimburse for at the time and the damage has continued to spread and gotten worse from 2011, so I know I'll be better off with legal assistance. Some may not have as much damage as me and are willing to accept the current offer to them.

    I hope everyone has a great summer. For more news, you can always just type in 'Imprelis' in google news.
    Last edited: Jun 27, 2013
  5. TreeNut

    TreeNut LawnSite Member
    Messages: 80

    Yes, each person needs to make their own decision based on their situation. The one thing we DO know for sure is that 'they' still don't know a lot about this substance, which begs the question--'Why the H** was it allowed on the market??" Another thing we don't know, is why some trees are affected more than others, and why some improve and others don't. We don't know how much is in each person's soil, how much is degraded, and if there is any seeping back into the soil from plant tissue. There are simply too many variables. Much of this is still being investigated, and it can't look good for DuPont. Some of us luckily are able to wait it out, while others cannot. Some of us simply believe we can help contribute to holding DuPont's "feet to the fire," so we are. We've decided that it is worth the money and risk to replace our trees by qualified professionals and continue our own little experiment. Otherwise we just waste time. So far, we've had good luck with replanting, even when it was against recommendations. Some replants showed a little affect--others not at all. (When I say 'replant,' I don't necessarily mean replacing a tree--I mean continuing to plant trees in our yard, as we had planned.)
    Also, based on Starbuy's reports and photos, I really think you could have ALSO had irresponsible sprayers--either wrong dilution, too close to trees, etc--because yours seems to be more extensive and worse than others. Again, more variables.
    DuPont should be giving the 'benefit of the doubt' to ALL persons affected by this, and pay more than enough to allow each person to make their yard even better than it did before...instead they have chosen to spend excessive money being defensive and lying to people. THAT is the biggest crime.
  6. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    TreeNut, based on the reports I've received the damage I have is typical for the slope of land that my area has. I've personally spoken to an arborist that confirmed they've seen sections of forests damaged from a hundred yards away and downslope of a sprayed lawn. There's much more devastation than most of us realize. I just happen to post some photos. I've seen other photos of trees damaged just like mine. According to news reports, DuPont's own golf course also experienced tree damage. In fact, it could be that those who did not experience as much damage had a light application (diluted more than the instructions state); all pure speculation of course. But, with reportedly tens of thousands of properties damaged across many states it seems obvious this toxin had to be removed from the market. I'm like you and wish this toxin had never been allowed out into the market. We've now had to deal with this mess for over 2 years and counting.
  7. rosewater

    rosewater LawnSite Member
    from SALINE
    Messages: 63

    this whole thing just drags on
  8. ramtrolll

    ramtrolll LawnSite Member
    Messages: 8

    Has anyone that rejected their initial resolution had a revisit from a arborist to resubmit a new claim? dupont sent out one from davey tree to reevaluate my yard on april 29th and added 5 more trees to the 3 that were gonna be removed. davey tree said it should take 2-3 weeks to get my new resolution...its july 14th..horrible how slow they are. wondering if anyone had a quicker turnaround?
  9. Michmom

    Michmom LawnSite Member
    Messages: 4

    I've been following this thread for awhile and am now in need of advice---I'm ready to accept Dupont's resolution but would like to be in charge of removing trees myself (with or without the extra 'tree removal' allowance).

    I was told on at least 2 occasions by the hotline folks that this was an option so I sent letters requesting this but have been turned down twice. I see from this forum that someone WAS granted this option.

    Any advice on how to accomplish it? Hotline people don't seem to have a clue!

    I have about 25 trees slotted for removal but they're all in various stages (and I'm hopeful some will recover enough to keep).

    Also--they told me there was a list of tree removal companies on the website but all I could find was the list of tree REPLACEMENT companies.

    Thanks so much for any enlightenment!
  10. TreeNut

    TreeNut LawnSite Member
    Messages: 80

    Thank you for writing!! We feel your pain!
    My suggestion is not to accept anything from DuPont until you have an attorney read over it. Unfortunately, you may have missed the 'deadline' to become involved in one of the big lawsuits--but probably not too late for the class action (?) Pick an attorney that knows about this situation.
    I am tied up in one of those major lawsuits (NOT class action), we have opted out of the class action and the individual claim resolution process, and expect to get a better outcome than the previous two options, but it may take awhile. So we are paying upfront ourselves to have the trees replaced.
    I went through the same thing you write about, and learned that many companies don't do both removal and replacement. And if they did replacement, we couldn't pick out our own trees. We ended up using the largest nursery/company in the area, and our trees were young enough yet they felt they could remove them by hand.(If they couldn't remove them, they would subcontract a tree removal person). They were not on the list, but I was open about the fact that it was Imprelis damaged trees. In researching, I was amazed that some companies were not even asked to be on "the list." One of those same companies came out to give me an estimate, and they weren't planning on removing the mulched tree stump I moved on.
    So, it's still confusing. Just be sure you know what you are signing and are satisfied with that. Be open with whatever companies you get estimates from. Oh, and be sure you take photos again--right before you dig!
    I'm sure others will write with other opinions, so stay tuned...

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