Why Isn’t This Life-Threatening Pesticide Banned on Farms?

Parents who work as farmhands or pickers are often in nearby fields when pesticides like Roundup are sprayed. Farmworkers sometimes even eat fruits that have recently been sprayed. But there is a toxin in many pesticides, called glyphosate, that is linked by two international health organizations to cancer and childhood birth defects including missing or deformed limbs, and many other health issues.

Big money convinces farm-owners and the EPA to approve of harmful pesticides

So why are farm-owners not often worried about exposing their farm workers to these toxic chemicals? Because big dollar corporate ads from giant companies like Monsanto, who make lots of money from the pesticides and special seeds, say that Roundup or similar pesticides are safe. They’ve even used powerful agricultural lobbyists to convince the US government watchdog, the EPA, to greatly increase the legal residue limits for glyphosate on produce sold at stores over the last few years alone. Then, pesticide companies point to these EPA regulations, which they helped create, to support their false claims regarding product safety. Because these company-produced messages are so powerful, homes and farms in America are using more Roundup and similar harmful products than ever, 100,000 lbs annually. But they’ve also become more relaxed about using proper protections to keep from being exposed.

However, both the International Agency for Research on Cancer (IARC) and the World Health Organization say the products are anything but safe. In fact, while years of testing strongly suggest that glyphosate was likely to cause cancer, more recent tests show that the toxic chemical might actually be more dangerous than scientists first thought. Several tests found glyphosate in the blood of people who use Roundup for their home garden only 30 minutes after they used it. If it has such a quick effect in low household usage, think of how many times unprotected people who work on big farms would find it in their blood?

Sadly, history is repeating itself. Just like the tobacco industry said cigarettes were safe, and corporations said exposure to asbestos was not a problem, now the pesticide companies falsely say that there is simply “not enough information” to claim that their products are dangerous to people’s health. Scientists and parents are trying to lift the silence by voicing their concerns. They want to stop the steady growth in childhood birth defects and other health risks.

Have you been exposed to a harmful pesticide at work?

Nearly every non-industry funded study has found that glyphosate causes cancer, neurological defects, childhood birth defects, and countless other harmful outcomes. If you are a farmworker whose child might have been harmed by pesticide exposure, please contact us. Waters Kraus & Paul offers an experienced team of caring lawyers who will do everything they can to hold farms and corporations responsible. Please click here for more information. Or contact us by phone at 800-226-9880.

New Study Links Prenatal Opioid Use and Birth Defects

A new study finds a causal link between prescribed opioid treatment during pregnancy and birth defects in newborns.

Researchers found a link between opioid painkillers use just before or during pregnancy and birth defects in a growing fetus.

Birth Defects and Opioids

Two to three percent of participating mothers in the CDC study reported treatment with opioid painkillers just before or during early pregnancy. The reasons for treatment included surgical procedures, infections, chronic diseases, injuries, and other reasons. Researchers found opioid treatment in these periods was associated with several defects including congenital heart disease, which are contributors to infant health and death rates. In addition, treatment with opioid pain relievers was linked to:

  • Spina bifida (a type of neural tube defect)
  • Hydrocephaly (buildup of fluid in the brain)
  • Glaucoma (an eye defect)
  • Gastroschisis (a defect of the abdominal wall)

Deceptive Marketing Practices and Opioids

Drug manufacturers tried to convince doctors and regulators that opioids were safe for effective for long-term use while ignoring the dangerous side effects such as addiction, overdose, and even death. They did this with misleading articles and advertisements that downplay the dangerous side effects of opioids. Likewise, drugmakers often use respected “thought leaders” who encourage overprescribing and drug benefits.

Hawaiʻi Residents Suffer Life-Threatening Effects of Pesticides

Two Kihei, Maui children suffered life-threatening birth defects due to pesticide exposure in utero, alleges a recent lawsuit.

Chemical and agricultural giant Monsanto excessively sprayed harmful restricted pesticides on corn fields just yards downwind from their families’ homes. The suit claims the company did so knowing the toxic chemicals would be carried by the wind into the residential neighborhood and absorbed by the families that lived there.


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The Toxic Consequences of Pesticides 

As a result, Dana Fulton, now 28, was born with her throat not connected to her stomach. Countless surgeries corrected some of the problem, but to this day, she still requires a tracheostomy tube in her neck to breathe.

Seventeen-year-old Max Coleman was born missing tubes that supported proper kidney function. While surgery addressed some of the problem, he still suffers from hydronephrosis, or the swelling of his kidneys, and has severe asthma and ADHD.

Dangerous Corporate Practices

“Monsanto was very well aware that there was a residential neighborhood immediately downwind, very well aware that the trade winds would carry these pesticides into the neighborhood,” says Ilana Waxman, who represents the Coleman and Fulton families in the case, expressing her assertion that Monsanto should be held accountable for their negligent use of restricted pesticides.

Other Hawai‘i Families Exposed to Pesticides

The victims’ families, both residents of Kihei, Maui, lived adjacent to Monsanto’s Mokulele Field, where the pesticides were sprayed. However, similar fields can be found on Maui and Kauai, where innocent families could also have been exposed.  The chemicals contained in these pesticides used by Monsanto cause cancer, lead to birth defects and adversely affect human health. Not surprisingly, they’ve been banned in many countries.

Protecting Your Family  

Our team stands up to big companies that put profits ahead of your safety. If you’ve suffered catastrophic injury because of exposure to toxic chemicals, we can help.

KHON2: Birth Defects Blamed on Monsanto Chemicals in Lawsuit

Two Maui families with children born with rare illnesses are suing Monsanto and its parent company Bayer. They claim the company knowingly sprayed harmful chemicals that caused their conditions.

Dana Fulton sat looking at photos of herself after one of the surgeries she had as a baby. She was born with esophageal atresia/tracheoesophageal fistula. Today, Fulton is 28-years-old and needs a tracheostomy tube to breath.

Seventeen-year-old Max Coleman had hydronephrosis, or the swelling of his kidneys. He also has severe asthma and ADHD according to his mother Lory Marques.

Both the Coleman and Fulton families lived fewer than 500 yards from Monsanto’s Mokulele Field in Kihei, Maui.

They filed a lawsuit Thursday, claiming the hazardous chemicals Monsanto sprayed on the fields caused their illnesses. They want Monsanto to take responsibility.

Ilana Waxman is an attorney representing them in the case. Waxman said the chemicals were highly toxic and were sprayed at a rate 17 times higher than most fields.

“Monsanto in spraying these large amounts of restricted use pesticide on these fields was very well aware that there was a residential neighborhood immediately downwind, very well aware that the trade winds would carry these pesticides into the neighborhood,” Waxman said.

Read the full article here.

Neonicotinoid Pesticides: Are People at Risk?

The EU banned these chemicals because of their danger to honeybees, but they are believed to be harmful to humans—and they are in use in the United States.

After a scientific review, the European Union has decided to implement a complete ban on neonicotinoids, a group of pesticides killing honeybees and affecting crop pollination. This full ban goes into full effect at the end of 2018 and enhances a previous limited ban in force since 2013. Pursuant to the ban, neonicotinoids will only be allowed in greenhouses where there is no contact with bees or other pollinators.

What are Neonicotinoid Pesticides?

Neonicotinoids are pesticides that affect the central nervous systems of insects. These pesticides get their name from their basic chemistry which is similar to that of nicotine.

There has been a significant decrease in the bee population in the last few years and scientists suspect that there is a connection between neonicotinoids and colony collapse disaster (CCD). CCD is “the phenomenon that occurs when the majority of worker bees in a colony disappear and leave behind a queen, plenty of food, and a few nurse bees to care for the remaining immature bees and the queen.” The decreased bee population directly affects crop production because the spread of bee pollen is necessary for reproduction.

Neonicotinoids have been popular in agricultural and commercial ornamental production because they are effective in guarding against a wide range of insect pests. However, if neonicotinoids are harmful to honeybees and other insects, it begs the question, what is their effect on humans?

Effects of Neonicotinoid Pesticides on Humans

In 2014, the European Food Safety Commission (EFSA) found that the neonicotinoid pesticides (acetamiprid and imidacloprid), which are linked to bee deaths, are also harmful to humans. Acetamiprid (ACE) and imidacloprid (IMI) obstruct the normal development and function of the nervous system in children and damage brain structures and functions associated with learning and memory.

The Plant Protection Products and their Residues Panel (PPR) found that the guidance levels for acceptable exposure to ACE and IMI may not protect humans and should be reduced. In addition, a 2012 study on the nicotine-like effects of neonicotinoids showed that ACE, IMI, and nicotine exert similar excitatory effects on mammalian nicotinic acetylcholine receptors. Therefore, the neonicotinoids may adversely affect human health, especially the developing brain of fetuses and young children.

It is well documented that pesticides contain toxic chemicals that in some instances can cause birth defects in children whose parents were exposed through agricultural work. Parents whose work requires direct contact with pesticides, as well as those who live in close proximity to agricultural areas, are at a high risk of exposure to toxic chemicals leading to birth defects and complications.

How Can Galiher DeRobertis & Waxman Help?

While we are not doctors, our lawyers work with highly-qualified scientific and medical professionals to determine if a reported birth defect is related to a parent’s exposure to pesticides. Our lawyers are experts in successfully representing families injured by defective products and corporate negligence. We provide free initial consultations and will meet with you to evaluate your claim with no obligation on your part. If your child has pesticide-related birth defects, he or she may have a claim against the company responsible for that pesticide exposure. Please get in touch with us for a free case evaluation and learn more about your legal options.

Update: Hawai‘i First to Ban Dangerous Chlorpyrifos Pesticide

Chlorpyrifos causes brain damage in developing fetuses, but this state took a bold stance against it.

On June 13, 2018, Hawai‘ian governor, David Ige, signed new legislation that phases out the use of chlorpyrifos and increases regulation on other restricted use pesticides. Chlorpyrifos is known to cause brain damage in developing fetuses and children. There is no safe level of exposure for children.

Hawai‘i Senate Bill 3095 (SB3095) includes the following:

  • Beginning, January 1, 2019, all users of restricted use pesticides are required to report on their use of restricted use pesticides to the Department of Agriculture (DOA);
  • Restricted use pesticides are prohibited for use on or within 100 feet of a school during school hours;
  • Pesticides containing chlorpyrifos as an active ingredient are prohibited; and
  • The DOA must develop a pesticide drift monitoring study no later than July 1, 2019.

See the original article below.


June 11, 2018

If signed by Gov. Ige, the new law will take effect in July 2018 with a complete ban on chlorpyrifos by January 2019.

In a sweeping action, the Hawai‘i state legislature moved to completely ban all pesticides that contain a chemical known to cause birth defects. Currently awaiting signature by Governor David Ige, the bill also creates usage, reporting, and location requirements for agricultural businesses that utilize 35 or more pounds or gallons of restricted-use pesticides in a year. The bill includes the following proposals:

  • Restricted-use pesticide users must report the substance used, the amount, and location
  • A buffer zone within 100 feet of school properties
  • A complete ban on all pesticides that contain chlorpyrifos

The Dangers in Chlorpyrifos

Chlorpyrifos is a chemical component of pesticides that is widely used in commercial farming because it is cheap to make. Pesticides that contain neurotoxins such as chlorpyrifos are known to cause birth defects in unborn children when their parents are exposed. As such, hundreds of Hawai‘ian residents wrote to the state House to voice their support for the bill in a form letter stating, “we need mandatory disclosure and notification, along with pilot programs for buffer zones and drift studies around schools,” according to a report by the Hawai‘i Tribune-Herald.

The letter signed by residents states that “additional studies on pesticide drift are meaningless without knowledge of what pesticides were and are being applied.” This only goes to amplify the importance of full disclosure regarding the pesticides sprayed. When the wind blows these toxic pesticides, people nearby are in danger of direct exposure. Furthermore, the American Academy of Pediatrics states that there is evidence of an association between early exposure to pesticides and a number of adverse effects, including cancers, as well as decreased cognitive function and birth defects.

As of May 3, the Senate and the House both passed SB 3095 and it has been enrolled to Hawai‘i’s Governor David Ige for signature. If signed into law, it will go into effect on January 1, 2019, making Hawai‘i the first state in the country to ban chlorpyrifos.

Hawai‘i First to Ban Dangerous Chlorpyrifos Pesticide

If signed by Gov. Ige, the new law will take effect in July 2018 with a complete ban on chlorpyrifos by January 2019.

In a sweeping action, the Hawai‘i state legislature moved to completely ban all pesticides that contain a chemical known to cause birth defects. Currently awaiting signature by Governor David Ige, the bill also creates usage, reporting, and location requirements for agricultural businesses that utilize 35 or more pounds or gallons of restricted-use pesticides in a year. The bill includes the following proposals:

  • Restricted-use pesticide users must report the substance used, the amount, and location
  • A buffer zone within 100 feet of school properties
  • A complete ban on all pesticides that contain chlorpyrifos

The Dangers in Chlorpyrifos

Chlorpyrifos is a chemical component of pesticides that is widely used in commercial farming because it is cheap to make. Pesticides that contain neurotoxins such as chlorpyrifos are known to cause birth defects in unborn children when their parents are exposed. As such, hundreds of Hawai‘ian residents wrote to the state House to voice their support for the bill in a form letter stating, “we need mandatory disclosure and notification, along with pilot programs for buffer zones and drift studies around schools,” according to a report by the Hawai‘i Tribune-Herald.

The letter signed by residents states that “additional studies on pesticide drift are meaningless without knowledge of what pesticides were and are being applied.” This only goes to amplify the importance of full disclosure regarding the pesticides sprayed. When the wind blows these toxic pesticides, people nearby are in danger of direct exposure. Furthermore, the American Academy of Pediatrics states that there is evidence of an association between early exposure to pesticides and a number of adverse effects, including cancers, as well as decreased cognitive function and birth defects.

As of May 3, the Senate and the House both passed SB 3095 and it has been enrolled to Hawai‘i’s Governor David Ige for signature. If signed into law, it will go into effect on January 1, 2019, making Hawai‘i the first state in the country to ban chlorpyrifos.

Cezar Chavez Day–The Commonwealth Not Helping Common People

America remembers Cezar Chavez’s work to fight for the lives of farmworkers and the working poor.

On March 31, the United States recognizes Cesar Chavez Day as an opportunity to celebrate the lasting legacy of civil rights leader and labor activist Cesar Chavez. A farm worker himself, Chavez later went on to become co-founder of the National Farm Workers Association.

Perhaps most famously known for the coining the phrase “Sí, se puede” (“Yes, one can” or “Yes, it can be done”), remembrance of Chavez and the values that he stood for continues to have meaning for people across the United States, particularly for those who have connections to farmworkers or have ever experienced disenfranchisement.

For the Common Good

A commonwealth is defined as a political community founded for the common good. Chavez’s ”Commonwealth” speech given November 4, 1984, laid out his vision for farm workers and Latinos in general—a vision of hope. However, it also highlighted the extreme disparity between farmworkers and the people for whom they work while simultaneously raising the question of whether the United States truly is a commonwealth for all. At the time, thousands of farmworkers were living “under savage conditions”:

  • Babies born to migrant workers suffered 25% higher infant mortality than the rest of the population.
  • A farmworker’s average life expectancy was 49 years—compared to 73 years for the average American.
  • Child labor was common in many farming regions.
  • Malnutrition among migrant worker children was 10 times higher than the national rate.

It has now been over 30 years since the “Commonwealth” speech was delivered, but workplace pesticide exposure remains an issue as pesticides have harmful effects on the body including:

  • Decreased fertility
  • Spontaneous abortion
  • Stillbirth
  • Birth Defects
  • Developmental abnormalities

When farmworkers, such as pickers and harvesters, enter the fields after they are sprayed but prior to the pesticides settling, the farmworkers are at high risk for coming into direct contact with pesticide residues which can lead to absorption. Likewise, airborne pesticides can easily be inhaled.

Cezar Chavez’s dream was “to overthrow a farm labor system in this nation which treats farm workers as if they were not important human beings.” Because of the nature of their work, pickers and harvesters are some of the first people to exhibit signs of pesticide poisoning when safety precautions are lacking.

Farmworkers depend on farm owners and labor contractors to implement safe handling rules and provide a safe environment in which to work.

Galiher DeRobertis & Waxman Fights for Justice

“Now is the time for all of us to stand as a family and demand a response in the name of decency. Too much is at stake. This is a battle that none of us can afford to lose because it is a fight for the future of America. It is a fight we can win and it is a fight that everyone can join.” -Cesar Chavez

Galiher DeRobertis & Waxman believes that justice is for all, and as such works to provide representation that will fight to see justice done. No one should have to risk the health of their unborn child while working.

Farmworkers on commercial farms are no different. Farm owners and labor contractors have a responsibility to keep laborers safe, but all too often that responsibility is neglected. Those who were exposed to pesticides and had a child with birth defects deserve justice.

When Consumer Safety Does Not Seem to Matter

AAJ article highlights the ongoing problem with corporations choosing money over honesty and consumer safety.

The American Association for Justice’s (AAJ) newest report highlights corporate misconduct and how it impacts the average U.S. citizen’s everyday life. A consistent lack of transparency from these corporations demonstrates how “when corporations put profits before safety and customer and employee welfare, and the regulatory system proves unable to force change, the civil justice system is the last line of defense to protect consumers.”

Failure to Warn

Companies have both a moral and legal responsibility to warn consumers of potential dangers that can result from their products. Agrochemical company Monsanto decided to go in a different direction. Company emails that came to light as part of litigation detail how a Monsanto executive suggested ghostwriting scientific reports. Those reports eventually led the U.S. Environmental Protection Agency (EPA) to conclude that Roundup, a weed killer composed of glyphosate, did not cause cancer.

Lack of Transparency

When a company markets products that are intended to be used for the well-being of its consumers but fails to inform consumers of its products’ safety hazards, that lack of transparency can have dire consequences. Johnson & Johnson (J&J) faced six of the seven largest dangerous-product verdicts in 2016 and faced numerous more in 2017. The following areas of litigation recently involved J&J:

    • Xarelto

This blood thinner, also known as rivaroxaban, has been associated with more than 370 deaths according to the Food and Drug Administration (FDA). Nevertheless, J&J continues to profit making over $2.29 billion from this drug alone.

  • Risperdal
    Risperdal is an antipsychotic drug used to treat certain mental/mood disorders, such as schizophrenia, bipolar disorder, and irritability associated with autism. The pharmaceutical company also illegally marketed it as an aide to manage the behavior of elderly nursing home residents, people with mental disabilities, and children. Scientific evidence has shown that teens who use Risperdal are five times more likely to develop gynecomastia—the appearance of female breast tissue. In some of the over 18,000 cases against J&J, the company is accused of concealing evidence that shows gynecomastia rates with Risperdal use are much higher than the company initially claimed.
  • Transvaginal Mesh
    Ethicon, a J&J division, marketed its transvaginal mesh as a low-cost way to treat urinary incontinence for women. What the company failed to disclose is the serious risk of injury associated with the product.
  • Artificial Hips
    When DePuy, a J&J division, first introduced their product in 2005, doctors reported shedding of metallic debris leading to infection, fractures, and nerve damage. Company executives talked about fixing the design flaw, but in the end, chose not to. The artificial hips even failed internal tests, and 40 percent were predicted to fail within five years of implantation. Even after surgeons working with DePuy halted use of the hips, the company continued selling them.

DePuy did not stop sales of the artificial hips until 2010 and then blamed it on poor sales rather than medical complications. Subsequently, juries have returned substantial verdicts in trials where plaintiffs have claimed DePuy failed to properly warn patients and doctors that the devices would fail prematurely.

Aggressive Marketing Tactics

McKesson Corporation has turned opioids into a $13 billion-a-year industry by distributing pain medicines across the country even though the company was aware of the drugs’ highly addictive nature and the fact that they are sold on the black market. Opioids work by attaching to and activating opioid pain receptor proteins, which are found on nerve cells in the brain, spinal cord, gastrointestinal tract, and other organs in the body. When these drugs attach to their receptors, they inhibit the transmission of pain signals.

Distributors like McKesson have overlooked federal regulations requiring companies to report suspicious activity involving narcotic orders such as unusual size and/or frequency. Instead of following these regulations, the AAJ reports that opioid distributors “[f]looded [the] market with enough opioids to keep every person in America medicated around the clock for three weeks” and lined their pockets with money from the sales. According to a 2016 Washington Post report, at least 13 drug distributors knew or should have known that hundreds of millions of prescription opioids were hitting the black market, but continued to send the drugs.” Even when pressed by government regulators to have better oversight concerning distribution, McKesson spent over $100 million lobbying to pass a law that would make it almost impossible for the Drug Enforcement Agency to freeze any questionable narcotics shipments.

The Scientific Connection Between Pesticides & Birth Defects

People are taking sides in the debate focusing on connection between pesticides and birth defects.

The question of whether pregnant women who live and/or work around high levels of pesticide use, particularly on Kauai’s Westside, should be concerned about birth defects continues to be a contentious topic for debate, but the science is mounting against agribusinesses. Chemical companies have relocated to Hawai‘i, and where sugar cane and pineapples once grew, one can now find corn fields that are regularly sprayed with large doses of pesticides.

What is Science Saying?

According to the American Academy of Pediatrics, “epidemiologic evidence demonstrates associations between early exposure to pesticides and pediatric cancers, decreased cognitive function, and behavioral problems.” Likewise, a study looking at agrichemicals in surface water and birth defects in the United States found that a significant association was found between the season of elevated agrochemicals and birth defects.” Physicians at Kauai Veterans Memorial Hospital, on Kauai’s Westside, believe there may be up to “10 times the national rate” of certain rare birth defects in newborns delivered at the hospital.

While agrochemical companies that use, manufacture, and sell pesticides tout that there is no evidence of a higher incidence of birth defects on Kauai or anywhere in Hawai‘i, it must be noted that these companies have a vested interest in ensuring their profits and protecting themselves from potential litigation.

The State Department of Health (SDOH) has found evidence of pesticide drift (when pesticides sprayed over crops become airborne and are blown by the wind away from the intended agricultural field) when testing. In addition, when testing streams on Kauai, SDOH found atrazine and glyphosate, and when testing the air at Waimea Canyon Middle School, they found chlorpyrifos, a Restricted Use Pesticide and known neurotoxin. While the amounts found were small, the point is that there should be none at all.

It should also be noted that in Hawai‘i, those who apply Restricted Use Pesticides in fields near communities, parks, schools, and roadways, are not required to disclose which pesticides they are applying, the location, date or time, in which they are applied. This is all data that can be utilized when trying to make an informed decision regarding one’s health.

How can Galiher DeRobertis & Waxman Help?

Galiher DeRobertis & Waxman has been receiving increased attention as a result of our commitment to fighting for families with pesticide related birth defects. While we are not doctors, our lawyers work with highly-qualified scientific and medical professionals to determine if a reported birth defect is related to a parent’s exposure to pesticides. Our lawyers are experts in successfully representing families injured by defective products and corporate negligence. We provide free initial consultations and will meet with you to evaluate your claim with no obligation on your part. If your child has pesticide-related birth defects, he or she may have a claim against the company responsible for that pesticide exposure. Please get in touch with us for a free case evaluation at 1-866-998-TOXIC (6942) and learn more about your legal options. Our team will begin working immediately and aggressively to obtain the best result for your case.