DCPA is a toxic chemical known to affect fetal development. If your child suffered birth defects after being exposed to the pesticide Dacthal while in utero, your family may qualify for compensation to cover your child’s medical needs, pain and suffering, and other losses.
Our law firm partners help people in all 50 states, so if you were harmed by the unchecked greed and negligence of Dacthal’s manufacturer, know that you have rights and we can help you exercise those rights. Call The Goldwater Law Firm today for a free consultation and find out how to file a mass tort lawsuit.
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What Is DCPA?
Per the Federal Register, dimethyl tetrachloroterephthalate, or DCPA, is an “active ingredient” found in pesticides like Dacthal. Dacthal was used to kill weeds and grasses on farms and other facilities, mostly in the following areas:
- Washington
- Northern Oregon
- California
- Colorado
- Arizona
- Southern Texas
- Northwest Ohio
- Southeast Michigan
Why are people filing Dacthal DCPA pesticide lawsuits? AMVAC Chemical Corporation, the company that makes Dacthal, allegedly knew the product was dangerous and did nothing to protect or warn the public. On the contrary, they protected their own bottom line by continuing to sell Dacthal while concealing evidence of its toxicity to fetuses.
Our law firm believes that such a breach of ethics is unacceptable. We understand that you are scared and angry, and that you need concrete results as soon as possible. Our law firm partners can work with you to pursue whatever compensation you may qualify for.
How Long Has Dacthal Been in Use?
According to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Dacthal was first approved as a weedkiller in the 1950s. It was not banned until August 2024, when the U.S. Environmental Protection Agency (EPA) filed an emergency suspension of pesticides that contain DCPA. The suspension prohibited the use, sale, or distribution of these pesticides. AMVAC permanently withdrew its Dacthal products later that same month.
These actions came too late to help the many families whose lives were permanently impacted by this toxic substance. The Goldwater Law Firm can take timely action to assist your family, whether your baby was just diagnosed last week or your child is now a young adult.
What Injuries Are Associated With Dacthal Pesticide Exposure?
DCPA is known to have many possible negative effects on the health of unborn children, including but not limited to:
- Low birth weight
- Thyroid problems
- Impaired brain development
- Decreased IQ and developmental delays
- Impaired motor skills
- Decreased bone deposition and other structural abnormalities
- Other birth defects
These injuries may have lifelong consequences for your child’s health, quality of life, and ability to live independently. Receiving such a diagnosis is devastating, especially when it could have been prevented.
Our law firm has been helping people like you for over 20 years. No matter what injuries your child sustained, our co-counsel can manage the entire process of seeking fair compensation while you stay focused on what matters most: your family’s wellbeing.
How Can You Connect These Injuries to DCPA Exposure?
The birth defects listed above may be caused by something other than exposure to Dacthal. To receive a monetary award, you need to prove that your child’s injuries are directly linked to your or someone else’s use of DCPA.
Our co-counsel can work to prove your case against AMVAC by collecting evidence from:
- The Goldwater Law Firm’s vast network of industry experts, including physicians and drug experts
- Documentation that proves you were exposed to DCPA, either directly or through other means (e.g., proof that you lived near or worked at facility using DCPA)
- Your child’s medical history, including an official diagnosis, treatment records, and medical opinions stating that Dacthal probably caused their health problems
- Bills or receipts that show how much you have spent so far on providing specialized care for your child
- Personal testimony from friends and acquaintances who can confirm the Dacthal exposure and/or the effects of your child’s injuries on your lives
How Was Your Child Exposed to Dacthal?
There are two main ways that DCPA may have harmed your child:
- If you yourself used Dacthal while you were pregnant, dangerous chemicals could have entered your system and affected your child.
- If you live or work near any facility that used Dacthal, you may have been exposed through contaminated soil or groundwater.
Ultimately, the reason your family has suffered is because AMVAC knowingly sold and promoted a toxic product. Whether you used Dacthal yourself or were exposed to it without your knowledge, AMVAC owes your family compensation. Our co-counsel can fight for justice on your family’s behalf.
What Can Our Law Firm Partners Do for People Affected by DCPA?
The Goldwater Law Firm works with some of the largest and most successful law firms in the country. No matter where you are or how complex your case is, our co-counsel can ease your legal burden by:
- Handling all paperwork associated with your case. They may fill out forms for you or review the forms you fill out to make sure they are correct before sending them in.
- Communicating with everyone else involved in your case. You do not need to have direct contact with AMVAC’s representatives, who might try to trick you into giving up your right to a fair settlement. Our co-counsel can protect you and help you craft responses to inquiries or statements from others.
- Explaining the legal process. For a layperson, the legal system often looks intimidating. Our law firm partners can tell you what to expect at every step along the way and keep you updated on your case’s progress.
- Providing answers and advice whenever you want them. We understand how hard it can be to make legal decisions, especially when the matter is so personal to you. Our co-counsel can be there to support you throughout your case.
You should also know that you pay no attorneys’ fees up front. The Goldwater Law Firm and our co-counsel will defer payment until you get compensation. If you do not win your case, then you pay nothing.
What Damages Can You Receive After Exposure to Dacthal?
To pursue a legal action for Dacthal exposure, you need to show that:
- Your child was exposed to DCPA while in utero in the United States
- Your child is under 25 years old
- Your child was diagnosed with one or more of the birth defects listed above
- You personally used DCPA and/or you have reason to suspect that a farm or facility near you used it
Once our co-counsel finds evidence of each of these points, they can determine what kinds of damages your family may be entitled to. Fair compensation often includes non-economic damages for physical and mental distress, such as:
- The physical pain and suffering associated with your child’s injury symptoms
- The emotional anguish your child experiences due to their health conditions, as well as the trauma you yourself have gone through
- Reduced quality of life caused by your child’s inability to play, work, or develop the way healthy children do
- Loss of independence, if your child will never be able to support or take care of themselves
You should also pursue reimbursement for all of your economic losses, including:
- Your child’s past and future medical expenses
- Other expenses associated with your child’s health problems, such as tuition for special schools
- Your child’s inability to hold a job or earn as much as they would have had they not suffered the birth defect
Who Owes You Compensation in a Dacthal Lawsuit?
AMVAC is the defendant in these lawsuits. They are the manufacturer responsible for producing Dacthal and other herbicides made with DCPA. The company failed consumers in four key respects:
- They did not make sure their product was safe for public use prior to putting it on the market.
- Once they realized the product was unsafe, they did not issue an immediate warning and recall. Instead, according to the EPA news release linked above, they withheld critical data for years.
- This lack of transparency and concern for public welfare caused innumerable unborn children to be exposed to toxic chemicals.
- This preventable exposure led directly to the development of birth defects like the one(s) your child was diagnosed with. Thanks to this diagnosis, your child may no longer have a chance of living a normal life.
The Goldwater Law Firm refuses to allow irresponsible entities like AMVAC to get away with hurting others. Let our co-counsel represent you by proving each of the points outlined above so that AMVAC’s insurance company or a jury agrees to pay what you need.
How Much Is Your Dacthal Pesticide Case Worth?
Everyone’s case is unique, so it is impossible to tell how much your case is worth without a thorough investigation. The amount you receive may depend on such diverse factors as:
- The severity and number of your child’s injuries
- The projected financial cost of your child’s injuries
- How much evidence you can find to prove your case
- Caps placed on the amount of compensation you are legally allowed to ask for, which may vary from state to state
We want to see your family get enough money to make your child comfortable, compensate your family for the pain you have gone through, and hold AMVAC accountable for their negligence.
Frequently Asked Questions
No. The main difference between mass torts and class actions is that the former allows the court to consider your case individually rather than as part of a group. A mass tort still saves you time by having the court rule on all of the cases in the tort at the same time, but you retain greater bargaining power that, in some situations, results in a higher financial award.
Whether you join a mass tort or not may come down to the details of your case, including how similar your situation is to that of other people taking legal action. Our law firm partners can work with you to determine which is the right path for your family.
Yes. Each state sets a legal deadline, known as a statute of limitations, that limits how long you have to file a lawsuit against someone whose negligence has caused you harm.
Our co-counsel in your area are familiar with both state and federal laws that govern product liability cases. They can make sure all of the paperwork associated with your case is submitted correctly and on time so you do not face unnecessary delays.
That depends on whether AMVAC agrees to settle your case or not. If they are open to negotiations, our co-counsel can:
- Sit down with the company’s representatives
- Present proof of AMVAC’s liability for your child’s injuries
- Fight back if AMVAC tries to deny liability or reduce your settlement
If they are unwilling to negotiate in good faith, then yes, your case may end up at trial. If that happens, our co-counsel can represent you in the courtroom and work to get you a fair jury award.
Even if your case goes to trial, it is not too late for AMVAC to change their minds and offer an appropriate settlement. This may happen if they realize that settling quickly will cost them less than having to go through with a trial.
If your case does go to trial, you do not have to appear yourself, unless you and our co-counsel agree that it is a good idea for you to testify in person. Otherwise, our law firm partners can represent you at all court dates and keep you informed about what is happening. They might:
- Select the jury members who will hear your case
- Present opening and closing arguments to persuade the jury to see things your way
- Question friendly witnesses and cross-examine opposing witnesses
- Submit whatever materials the judge asks for, including trial exhibits and legal briefs
- Raise objections if the defendant’s behavior threatens to violate your rights or established legal procedures
At trial, our law firm partners will share your side of the story first. Then, AMZAC will have the chance to defend themselves and try to dispute the evidence your legal representatives previously showed.
Mass torts often take years to complete. This is because:
- Our law firm partners need to conduct a meticulous investigation into your case and collect enough evidence to prove your claims to a judge.
- The judge needs time to consider all of the cases in the mass tort, which, while similar in some ways, are often quite different.
- AMVAC will likely resist the mass tort and attempt various stalling tactics, such as asking the judge to dismiss some or all of the cases against them.
- If your mass tort gets to trial, both sides will need time to present their case in front of the jury. The jury, in turn, will need time to consider everything they have heard and render a decision.
- If the jury rules against AMVAC, they may attempt to file an appeal. Whether the appeal is successful or not, this action could add considerable time to your case.
Do not let this long timeline prevent you from holding AMVAC responsible and seeking just compensation. The Goldwater Law Firm’s co-counsel stands by clients for as long as it takes to achieve a resolution.
It may be hard to think about anything but your child’s diagnosis, and you should certainly make sure they are safe and taken care of before you do anything else. After that, it is a good idea to start preserving evidence you can use in your lawsuit, including photos or videos of your child and mail that can establish your address.
Finally, you can protect your family’s rights and seek justice by getting in touch with The Goldwater Law Firm. Our co-counsel are not afraid to stand up to big corporations, and we firmly believe that everyone, no matter how large or powerful, should be held accountable for their actions.
Start Your Dacthal Herbicide Lawsuit Today
The Goldwater Law Firm will not stand by as corporations harm and exploit ordinary people. As one of the most widely recognized law firms in the country, we feel it is our duty to confront these corporations and hold them responsible for the damage they inflict in the name of profit.
Call us today for a free consultation. Our law firm partners are ready to file a Dacthal DCPA pesticide lawsuit for your family.