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In a rare move, the United States Environmental Protection Agency (EPA) has used an emergency order to ban the sale and use of Dacthal (DCPA) after the herbicide was linked to severe birth injury risks. AMVAC Chemical Corp., the sole manufacturer and distributor of Dacthal, has complied with the order and will likely soon face a wave of claims and lawsuits filed by parents of children born with birth injuries. If enough people speak up and demand compensation, the cases could culminate with a mass tort or class action. The Dacthal lawyers of Kershaw Talley Barlow are currently investigating the situation and ask that anyone who thinks they might have a claim reach out by dialing (916) 520-6639.
Birth Injuries Linked to Dacthal
Dacthal – known also by its chemical name DCPA – has been linked through years of research to fetal thyroid damage. If a pregnant mother is exposed to Dacthal, it can put the unborn child at risk of birth injuries related to thyroid damage.
Birth injuries related to thyroid damage and Dacthal exposure include:
- Low birth weight
- Impaired brain development
- Decreased IQ (related to unusual brain development)
- Impaired motor skills
“DCPA is so dangerous that it needs to be removed from the market immediately. […] It's EPA's job to protect people from exposure to dangerous chemicals. In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems,” explained a spokesperson from the EPA in a statement about the emergency ban.
Dacthal Exposure Sources
Pregnant mothers may have been exposed to Dacthal by working with the substance or living near where it was used. Primarily, Dacthal was sprayed on broccoli, Brussels sprouts, cabbage, and onions, but it has also been sprayed for various commercial, industrial, and agricultural purposes. It has also been used in residential complexes, public parks, golf courses, and more. A pregnant mother who lived near any of these areas might have been exposed to Dacthal; exposure can also happen by consuming crops that were treated with it. Environmental safety experts also suspect that it might be possible for Dacthal to cause groundwater contamination, leading to unsafe and repeated levels of exposure.
Holding AMVAC Chemical Corp. Liable
In the 1980s, environmental groups had already raised concerns about the potential for fetal thyroid damage caused by Dacthal exposure in pregnant mothers. In 2013, the EPA required AMVAC Chemical Corp. to reexamine its product and prove that it was safe to use as a pesticide and herbicide. Despite both of these clear indications that the product was not safe – and many more throughout the last 40-odd years – the company never informed the general public and consumers about the link between Dacthal and birth injury risks. For this reason, AMVAC Chemical Corp. may be liable for damages suffered by women and unborn children exposed to Dacthal.
Eligibility for Dacthal Exposure Lawsuits
You may be able to file a Dacthal injury lawsuit if:
- You worked or lived near where Dacthal was sprayed while pregnant; or,
- You used Dacthal for other purposes such as residential landscaping; and,
- Your child was born with a birth injury that involves:
- Low birth weight
- Impaired motor skills
- Unusual brain development/decreased IQ
See If You Can File a Dacthal Lawsuit
At Kershaw Talley Barlow, our Dacthal lawyers are currently investigating the Dacthal ban by the EPA, AMVAC Chemical’s potential negligence in the manufacture and sale of the herbicide, and how it has been linked to severe and often permanent birth injuries. If you think your child’s birth injuries and health complications were related to your exposure to Dacthal while pregnant, we want to hear from you. With more people who speak up, each case has the potential to grow even stronger, so it’s important to let us know your story soon. Depending on your circumstances, you may be able to file a claim, be a part of a mass tort, or join a class action, all of which we are prepared to guide you through.
Call (916) 520-6639 to arrange a FREE consultation, which we offer to Dacthal exposure claimants.