Dicamba Lawsuits

Damage has been reported not only to soybeans; tomatoes, watermelons, cantaloupes, pumpkins, grapes, and tobacco have also been harmed by drifting and volatile dicamba herbicide. ⁽³⁾

Sadly, the damage dicamba does is not just to crops. People who use it are being diagnosed with liver bile duct cancer. In a recent study, researchers found “the herbicide dicamba was associated with increased risk of liver and intrahepatic bile duct cancers.” ⁽⁴⁾

Weitz & Luxenberg Taking on Monsanto in Dicamba Lawsuits

Complaints against the toxic, volatile herbicide dicamba have continued since its approval for in-crop use in 2017. If you are a farmer whose crops have been damaged by dicamba, you know firsthand how harmful this drifting, volatile dicamba can be.

Even more concerning, if you developed liver bile duct cancer after using or being exposed to dicamba, you know how devastating this herbicide is to your health.

Since 2017, our dicamba attorneys have been hard at work investigating numerous complaints from farmers involving the weed killer dicamba, and filing claims for anyone whose crops have been damaged. Millions of acres have been damaged.

Exposure to dicamba also can lead to liver bile duct cancer in humans. We don’t yet know how far-reaching the damage is. Hundreds, even thousands, of people across the country may develop this type of cancer after regular exposure to this herbicide.

If your crops have been harmed by dicamba, we encourage you to contact Weitz & Luxenberg immediately. Or if you or a loved one developed liver bile duct cancer, we urge you to contact us. You may be eligible to pursue compensation for your losses.

In February 2018, the Judicial Panel on Multidistrict Litigation (MDL) ordered that all pending dicamba lawsuits be centralized in the MDL in the Eastern District of Missouri.

A Weitz & Luxenberg partner, attorney James Bilsborrow was appointed to the Plaintiffs’ Executive Committee for the MDL. This is a committee of lawyers selected by the MDL court to litigate existing dicamba cases and any others that are filed. The Plaintiffs’ Executive Committee has been litigating the dicamba crop damage cases since early 2018. Mr. Bilsborrow co-chairs our firm’s Environmental, Toxic Torts, and Consumer Protection litigation area.

W&L is a national firm with more than 30 years of experience and we handle complex environmental lawsuits. For a number of years, we have been battling Monsanto, and winning, on behalf of clients. We also partnered with other firms to stand up to BP for the Deepwater Horizon Gulf Coast oil catastrophe of 2010, helping to reach a settlement of $20 billion on behalf of victims.

$265 Million Win for First Dicamba Trial

In February 2020, the first dicamba property damage case was tried before a jury, resulting in a $265 million verdict against Monsanto and BASF for decimating the Bader peach farm in southeastern Missouri. Because of repeated exposure to dicamba, Bader Farms alleged that its peach orchard was no longer operational.

The largest peach farmer in the state said that dicamba exposure started killing and weakening his fruit trees in 2015. He testified that it happened repeatedly while neighboring farms sprayed their trees. The jury agreed and awarded $15 million in actual damages and an additional $250 million in punitive damages. Bayer, parent company of Monsanto, and BASF were found equally liable.

The three-week trial was just the first of many anticipated. There were “140 similar cases head to U.S. courts,” according to Reuters. ⁽⁵⁾

$400 Million Settlement Reached with Monsanto

Mr. Bilsborrow played a key role in negotiating with Monsanto regarding its dangerous dicamba pesticide. We helped secure a $400 million settlement on behalf of soybean and other crop producers across the country.

The farmers W&L represented in this MDL came from multiple states. They suffered economic damages due to Monsanto’s negligence. The company decided to commercialize dicamba-resistant seeds. However, they did not provide farmers with a safe formulation of its herbicide to spray over plants grown from those seeds.

Responding to Environmental Damage Across the U.S.

With offices across the United States, Weitz & Luxenberg has earned a reputation of responding to environmental catastrophes across the country — wherever they occur — at a moment’s notice.

Whether the crisis involves contaminated drinking water, hazardous waste products, toxic air emissions, or oil spill disasters, Weitz & Luxenberg attorneys are ready. Our attorneys have the knowledge, experience, and fortitude to stand up against Monsanto, BASF, and other large-scale industries and manufacturers.

Lawsuits Filed Due to Dicamba

Lives are at stake. Exposure to dicamba can result in you being diagnosed with liver bile duct cancer.

In the case of dicamba, we realize also that livelihoods are at stake. Dicamba damage to crops could cost farmers millions of dollars.

If you have been affected by dicamba, we urge you to call us now at (833) 977-3437 for a free consultation. Our knowledgeable dicamba attorneys can evaluate your situation and advise you of your legal options.

We are currently accepting cases from farmers whose crops have been damaged by dicamba, a volatile and drifting herbicide. Even the smallest amount of dicamba can destroy crops that are not genetically modified to withstand this weed killer.

As the number of complaints continue to mount, we expect to continue filing dicamba lawsuits on behalf of farmers whose crops have been affected. Specifically, we are taking cases from farmers who have noticed any of these types of dicamba damage to their crops

• Cupping.
• Curling.
• Strapping.
• Discoloration.
• Wrinkling.
• Stunting.
• Leaf elongation.
• Twisting.
• Trumpeting.

Farmers are discovering dicamba damage to their crops even though they did not apply this herbicide to their own crops. Rather, neighboring farmers may have applied dicamba to their dicamba-resistant crops. Those “neighbors” could be sometimes miles away or even across state lines.

What Is Dicamba?

Dicamba is a “selective” herbicide, or weed killer. You can find dicamba in more than 1,100 products sold across the United States. ⁽⁶⁾

“Products containing dicamba may be liquids, dusts or granules.” Sometimes the products are concentrates, and sometimes they are ready to use. ⁽⁷⁾

Dicamba acts “like natural plant hormones known as auxins.” Auxins help “control plant growth.” ⁽⁸⁾

Farmers can use dicamba on both woody weeds and broadleaf weeds. When farmers apply dicamba to weeds, “they grow in abnormal and uncontrollable ways.” Then, often, the weeds die. ⁽⁹⁾

Problems with Dicamba

One of the major problems with dicamba, a weed killer, is that it does not stay where you put it. Dicamba can drift, sometimes miles from where it was applied. ⁽¹⁰⁾

Prior to 2016, “dicamba in soybeans was restricted to only preplant and preharvest applications.” Farmers were not allowed to use dicamba on growing plants. ⁽¹¹⁾

“In 2018, EPA extended the registration for two years for over-the-top (OTT) use (on growing plants) of dicamba to control weeds in cotton and soybeans genetically engineered to tolerate dicamba.” Since then, the EPA has reevaluated dicamba use annually. ⁽¹²⁾

Must Use Genetically Modified Seeds to Avoid Dicamba Drift

Farmers who did not use Monsanto’s genetically modified seeds are suffering serious consequences. Their crops are not resistant to dicamba, and their crops are languishing.

In the heat and humidity, dicamba is particularly volatile. Dicamba “tends to evaporate from the soil or vegetation where it has been sprayed, creating a cloud of plant-killing vapor that can spread in unpredictable directions.” ⁽¹³⁾ Heat and humidity make the drifting and volatility even worse. ⁽¹⁴⁾

In the heat and humidity, dicamba is particularly volatile. Dicamba ‘tends to evaporate from the soil or vegetation where it has been sprayed, creating a cloud of plant-killing vapor that can spread in unpredictable directions.’ ⁽¹³⁾
Heat and humidity make the drifting and volatility even worse.” ⁽¹⁴⁾

Even though Monsanto claims its newer versions of the weed killer have “low volatility,” and are less likely to become airborne, dicamba is becoming airborne. Dicamba has spread for miles in some cases. ⁽¹⁵⁾

In addition, according to National Public Radio (NPR), researchers have noted that a lot of the dicamba damage they have seen has not appeared “to come from ‘physical drift’ of windblown droplets of dicamba.” Instead, they have seen hundreds of acres of soybean crops damaged by “what they had feared all along: volatilization.” ⁽¹⁶⁾

When this dicamba vapor lands on crops that are not dicamba-resistant, the result is devastating. Millions of acres of crops have been damaged. ⁽¹⁷⁾

And, according to the New York Times, “So much dicamba is being used that even a small percentage of drift can cause widespread damage.” ⁽¹⁸⁾

As of June 2023, 36 states had filed motions for summary judgment against manufacturers of dicamba. ⁽¹⁹⁾

The damage was so severe that in March 2022, the “EPA approved additional labeling to further restrict use of OTT dicamba in Minnesota and Iowa. … [I]n February 2023, EPA approved additional labeling for Iowa, Illinois, Indiana, and South Dakota. The restrictions are intended to reduce the likelihood of volatility and offsite movement of OTT dicamba by avoiding application on days with high temperatures.” ⁽²⁰⁾

Another Problem with Dicamba: Monsanto’s Seeds

The drifting, volatile dicamba weed killer and its desiccation of millions of acres of crops is bad enough. If you add in the role Monsanto plays, the problem becomes even greater.

Monsanto not only makes weed killers containing dicamba, the company has engineered the seeds that are resistant to it. According to Reuters, “Monsanto is banking on [its] weed killers using … dicamba — and [its] seeds engineered to resist it — to dominate soybean production in the United States.” ⁽²¹⁾

Thanks in part to its dicamba-resistant soybean seeds, “Monsanto’s net sales increased $1.1 billion, or 8 percent, in fiscal year 2017.” ⁽²²⁾

For farmers “who have not bought the expensive new seeds,” this news does not sit well. The concern is that they will either have to buy the new dicamba-resistant seeds or risk losing their livelihood altogether. ⁽²³⁾

For farmers ‘who have not bought the expensive new seeds,’ this news does not sit well. The concern is that they will either have to buy the new dicamba-resistant seeds or risk losing their livelihood altogether.” ⁽²³⁾

To make matters worse, Monsanto has blamed farmers for the problems they have experienced with dicamba. Monsanto’s executives have insisted “the people who sprayed dicamba were just learning how to do it properly and didn’t follow directions.” ⁽²⁴⁾

In other instances, Monsanto has said, “Farmers or pesticide applicators sprayed dicamba too close to neighboring fields, didn’t clean out their equipment properly or used the wrong nozzles.” ⁽²⁵⁾

However, researchers have said they have conducted studies in the field and evaluated firsthand the damage to crops. They believe Monsanto misled people about these dicamba formulations. Monsanto’s dicamba products are considerably more volatile than Monsanto led farmers to believe, according to the researchers. ⁽²⁶⁾

EPA Toughens Dicamba Regulations

After crops continued to be damaged by dicamba in 2017, the “EPA amended the registrations of all OTT dicamba products.” Growers reported they “had experienced crop damage and economic losses resulting from the off-site movement of dicamba.” ⁽²⁷⁾

In recent years, the EPA has continued to revise its requirements. The EPA is “also evaluating its options for addressing future dicamba-related incidents. The Agency is committed to helping states address issues related to incidents in their jurisdictions. If a state wishes to further restrict or narrow the OTT uses of dicamba, the Agency will work with each state to support its goals.” ⁽²⁸⁾

The EPA’s role in regulating dicamba depends on a current president’s prerogatives. In the fall of 2016, the EPA approved dicamba “for use on … Monsanto’s genetically engineered (GE), dicamba-resistant soybeans and cotton. … The following two years saw historically unprecedented levels of ‘off-target’ plant damage, as dicamba formulations produced by Monsanto and two other companies drifted rampantly from sprayed fields to injure … crops, orchards, gardens, trees, and wild plants on millions of acres throughout the Midwest and South. Echoing many of his colleagues, North Dakota pesticide specialist Andrew Thostenson stated: ‘We are in unprecedented, uncharted territory. We’ve never observed anything on this scale since we’ve been using pesticides in the modern era.’” ⁽²⁹⁾

Monsanto and BASF “have acknowledged that the new products — while less volatile than the old ones — are still volatile, but have said the situation is more complicated.” ⁽³⁰⁾

What Is Liver Bile Duct Cancer?

Bile duct cancer is rare. It starts in the bile ducts. Bile ducts are tubes connecting the liver and gallbladder to the small intestine. ^{(31) (32)} Bile moves into the small intestine during digestion. ⁽³³⁾

The 5-year relative survival rate of bile duct cancer depends on the specific type and stage. Patients diagnosed with localized cancer have a 5-year survival rate of roughly 18% to 23%. Patients diagnosed with distant, or more advanced cancer types, have a 5-year survival rate of roughly 2% to 3%. ⁽³⁴⁾

Subtypes of bile duct cancer include:

• Intrahepatic cholangiocarcinoma — This type of cancer develops “in the parts of the bile ducts within the liver.” ⁽³⁵⁾

• Extrahepatic cholangiocarcinoma — This subtype develops in the bile ducts outside the liver. ⁽³⁶⁾

• Perihilar cholangiocarcinoma — This form of cancer develops “in the area where the right and left bile ducts exit the liver and join to form the common hepatic duct.” ⁽³⁷⁾

• Klatskin tumor — This tumor is also called perihilar bile duct cancer or perihilar cholangiocarcinoma. ⁽³⁸⁾

Dicamba Lawsuits Against Monsanto on the Rise

Weitz & Luxenberg is filing lawsuits claiming that the products containing the new formulations of dicamba are defective, either in their design or formulation. Because of these defects, these products with dicamba are not fit or safe for their intended purpose.

When farmers apply Monsanto’s dicamba-containing products, they run the risk of causing serious damage to other farmers’ crops. Several products are being named in the suits and may include XtendiMax, Engenia, and FeXapan.

These products are defective and unsafe because they are volatile and may move off target, landing where they were not applied.

Our lawsuits claim that Monsanto manufactured, promoted, and sold formulations of dicamba knowing they were capable of drifting and becoming volatile. We believe that by its actions, Monsanto acted recklessly and should compensate farmers appropriately.

In addition, our lawsuits plan to hold Monsanto accountable for failing to warn farmers adequately about the dangers of its dicamba-containing products. The instructions for use were also inadequate.

We claim that Monsanto did not test its new dicamba formulations sufficiently. If the company had done comprehensive testing, it would have discovered its dicamba-containing products were potentially highly volatile and dangerous.

In addition, our suits allege that Monsanto misrepresented its dicamba-containing products, which is fraud. We believe that Monsanto was more interested in selling its products and making a profit than in promoting its dicamba-containing products honestly and responsibly.

W&L Dicamba Attorneys Are Here for You

Weitz & Luxenberg dicamba attorneys have experience standing up to Monsanto, BASF, and DuPont. Since 2015, our dicamba attorneys have filed lawsuits against other toxic Monsanto products. This includes winning a settlement in the billions of dollars for people made sick by their herbicide, Roundup.

We have the experience and knowledge to file dicamba lawsuits on behalf of individuals with live bile duct cancer and farmers across the country. Whether you live in the Midwest, the South, or the Great Plains, our attorneys are prepared to assist you.

Robin Greenwald Leads the Attack on Monsanto

Weitz & Luxenberg is fortunate to count Robin Greenwald among our experienced environmental attorneys.

Ms. Greenwald co-chairs our firm’s Environmental, Toxic Torts, and Consumer Protection litigation group. She leads our Roundup lawsuits.

She also helped lead the legal fight against BP in response to the devastating oil spill. She played a key role in helping secure full compensation for thousands of victims of that Gulf oil spill.

Ms. Greenwald was instrumental in the large-scale legal action against more than 50 petroleum companies. These companies contaminated the nation’s groundwater with MTBE (methyl tertiary butyl ether), a gasoline additive.

With Ms. Greenwald heading the Weitz & Luxenberg team, we achieved a landmark settlement. Some of the nation’s largest oil companies agreed to pay $423 million. These companies had contaminated more than 150 public water systems across the country.

Our attorneys also are responding to toxic groundwater crises in the Northeast and air pollution hazards in the Northwest. We were part of the team that won $626 million in Flint, Michigan for victims, whose drinking water was contaminated with lead. And we are continuing to support them.

If your crops were damaged by the drifting, volatile herbicide dicamba, you may be entitled to compensation. Or if you or a loved one developed liver bile duct cancer, we encourage you to contact Weitz & Luxenberg for a free consultation.

You can phone us at (833) 977-3437 or fill out our online form. One of our representatives will be in touch with you shortly.