Pesticides Archives | Galiher DeRobertis & Waxman LLP

Pesticides are Seriously Threatening Global Ecosystems

Posted on November 19, 2024November 20, 2024 by Galiher DeRobertis & Waxman

Insects are vital to keeping the world’s ecosystems in balance. Every spring, billions of insects migrate to far-flung locations to fulfill a wide range of critical functions, including performing cross-continental pollination, transferring essential nutrients to soils, decomposing organic matter, and sustaining local wildlife by providing a food source.

They also transfer genetic information, allowing plants to maintain a diverse genetic pool, potentially mitigating changes in environmental conditions. To grasp the scale of the annual insect migration, consider this: in just over a month, researchers recorded 39 million insects migrating from the Middle East to Cyprus alone.

Documentary Reveals Highly Toxic Roundup Herbicide ‘Everywhere’

Posted on October 9, 2024November 20, 2024 by Galiher DeRobertis & Waxman

When award-winning filmmaker Brian Lilla moved to Napa Valley, California, he quickly learned about the health hazards lurking in wine country. In his new documentary, “Children of the Vine,” Lilla shows how the use of Monsanto’s Roundup herbicide and its active ingredient, glyphosate, has affected those who work in and live nearby.

“I didn’t want to run away from the problem,” Lilla said in an interview with the nonprofit publication Capital & Main. “No matter where I go, there’s going to be glyphosate in the food. Yes, it blew my mind to find out how much it’s being used in the vineyards. But I want to make it clear that the vineyards are not the villains, nor are farms.”

Studies and Lawsuits tie Roundup Weedkiller to Cancer and Birth Defects

Posted on July 17, 2024November 20, 2024 by Galiher DeRobertis & Waxman

Widespread use of the popular herbicide Roundup, which contains the known carcinogen glyphosate, is at the center of a series of lawsuits in Hawaiʻi and across the country.

New information is coming to light from studies linking the chemical to serious health problems that include cancer, non-Hodgkin’s lymphoma, infertility and birth defects.

Pesticides Expose Hawaiʻi Families to Higher Birth Defect Risk

Posted on June 26, 2024November 20, 2024 by Galiher DeRobertis & Waxman

Families in Hawaiʻi are experiencing dramatic increases in certain serious birth defects, including a rare and serious condition that is being diagnosed at a rate 10 times higher than on the mainland.

Mothers living near farms where pesticides are used are at particular risk, physicians say. The Hawaiʻi Center for Food Safety found that chemical companies have sprayed restricted-use pesticides at a rate 17 times greater than the mainland average.

Pesticides Linked to Climate Change, Despite Declining Efficacy

Posted on August 3, 2023November 6, 2024 by Galiher DeRobertis & Waxman

Pesticides are a key contributor to climate change – posing risks to the environment, public health, and food security – while their effectiveness is declining, according to a recent study.

Developed by Pesticide Action Network North America (PANNA), the study describes a vicious cycle: pesticides add emissions to the air that contribute to climate change, and as temperatures rise, so do the number of pests and insects. More insects encourage agricultural workers to use more pesticides.

This problem is further exacerbated by the fact that greenhouse gas emissions from pesticides are understudied and underestimated.

The Environmental Impact of Pesticides

Producing one kilogram of pesticides requires about 10 times more energy than one kilogram of nitrogen fertilizer, an agriculture chemical with known negative environmental impacts. Meanwhile, some pesticides like sulfuryl fluoride are themselves greenhouse gasses – emitting one ton of sulfuryl fluoride is equivalent to emitting nearly 5,000 tons of CO2. According to researchers, the issue is further complicated by oil and gas companies, which profit from pesticides. Ninety-nine percent of synthetic pesticides are derived from petroleum.

Higher Demand, Questionable Efficacy

As temperatures rise, crops become less resilient due to heat stress, changing rainfall patterns, and more pests. This leads to greater demand for synthetic chemicals and pesticides. Indeed, the global synthetic pesticide industry is predicted to grow substantially in the coming years: estimated at $16.3 billion in 2021, it is anticipated to grow to $27.6 billion by 2031.

However, some researchers note that less than .01 percent of pesticides even reach the pests they’re intended to target. This figure is especially low when it comes to flying insects like mosquitoes. Consider this: based on an estimate that target mosquitoes only receive about 0.0000001% of aerial spray, 1 million insecticide droplets must be produced to hit only one target mosquito. Consequently, excess chemicals end up in the soil, water, air, and on other plants. Hot temperatures further aggravate this problem by rendering pesticides into a toxic gas.

Pesticides, Cancer & Birth Defects

Meanwhile, the human toll of pesticide use is significant. According to the Environmental Protection Agency, there are an estimated 300,000 human pesticide poisonings in the United States resulting from applying pesticides. The global number is much greater, with 26 million human pesticide poisonings and 220,000 deaths each year.

Exposure to glyphosate, the key ingredient in Monsanto’s RoundUp, increases a person’s likelihood of developing cancer by 41%, according to an analysis by University of Washington researchers. Pesticides may also lead to birth defects when parents are exposed to them before or during pregnancy. These chemicals may damage the mother’s or father’s chromosomes leading to issues in fetal development.

A Potential Solution: Agroecology

Given the link between pesticides and climate change, and the human costs associated with pesticide use, there is a need to reduce reliance on them. This is especially true given their declining efficacy.

Agroecological farming offers a solution by promoting ecological processes that adapt to local conditions as well as practices such as intercropping (where two or more crops grow together to increase biodiversity and promote plant health.) Agroecology also prioritizes the health of farmers and agricultural workers. According to the PANNA report, agroecology leads to better public health, improved food security, and enhanced biodiversity.

According to one of the PANNA report’s co-authors, “conventional farming methods don’t account for environmental externalities and health costs.”

The report acknowledges that a change across the entire food production system would be costly and encourages the use of incentives such as subsidies, similar to those introduced for transitioning to green technology.

How We Help Victims of Pesticide Exposure

Seek justice with the help of our experienced lawyers. For 20 years, our pesticide law firm has battled corporate giants on behalf of individuals like you, aggressively fighting to hold them responsible for dangerous chemicals and the birth defects and personal injuries they cause. If you or a loved one has suffered adverse health effects caused by dangerous products, we can help.

Pesticides and Other Toxins Found in School Meals

Posted on June 18, 2023November 6, 2024 by Galiher DeRobertis & Waxman

More than 30 million school meals are served each school day to students throughout the United States. But how healthy are these meals?

Moms Across America (MAA) recently published information about what’s in the food served to elementary and high school students, showing that these growing children probably aren’t getting what they need to sustain them through a day of school and might even be consuming harmful chemicals.

What’s in Public School Meals?

In September 2022, MAA, a nonprofit organization focused on ensuring a healthy future for the nation’s children, published the test results of 43 school lunch samples collected by parents and students from public schools in 15 states.

95.3% contained the herbicide glyphosate, a suspected carcinogenic.
74% contained at least one of 29 harmful pesticides.
21% contained four veterinary drugs and hormones at high levels.
100% contained heavy metals at levels up to 6,293 times higher than the U.S. Environmental Protection Agency’s (EPA’s) maximum levels allowed in drinking water.

In addition, most of the school lunch samples were found to be very low in nutrients. The MAA noted: “Without proper nutrients, our children’s brains will not function properly, and their bodies will not be developed as needed. Often children with learning and behavioral issues are deficient in just one or two minerals or vitamins; when those nutrients are added to their diet, their mental, physical, and behavioral issues subside. Even violent behavior is discontinued. Our children must have proper nutrient-dense food.”

MAA Director Zen Honeycutt told the Markets Herald: “These test results of the school lunches show us that we have a national crisis on our hands. Our government is allowing our children to be poisoned with a shocking number of toxins that contribute to various health, behavioral, and learning issues.”

Why Are Pesticides and Other Toxins in School Meals?

School meals given to public school children are typically composed of food crops conventionally farmed in the United States, which, according to MAA, are commonly sprayed with pesticides and grown in nutrient-depleted soil. Many of these are genetically modified crops, which are banned or restricted in more than 60 countries. According to the nonprofit organization, GMO/Toxin Free USA, “GMOs and related synthetic pesticides have been linked to toxic effects in the kidneys, liver, pancreas, and reproductive organs, allergies, gut-related conditions, reproductive problems, birth defects, obesity, tumors, cancer and other illnesses in independent peer-reviewed laboratory animal feeding studies.”

Conventionally raised farm animals are injected with antibiotics and growth hormones, and these medications end up in the meat-filled tacos and hamburgers eaten by schoolchildren.

The MAA report explains: “The frequent use of these chemicals—for instance, 280 million pounds of glyphosate herbicides are used each year in the United States—has been shown to kill the microorganisms in the soil that are critical for soil health. Glyphosate also traps many minerals, depleting the soil of essential nutrients…The heavy metals in the fertilizer leach into the soil, are taken up into the crop, and are found in wheat, corn, soy, and many other food ingredients.”

How Do Glyphosate and Other Pesticides Affect the Body?

In 2015, a group of 17 experts from 11 countries convened at the World Health Organization’s International Agency for Research on Cancer to evaluate the scientific evidence for toxic consequences of using organophosphate insecticides and herbicides, including glyphosate. The group subsequently issued a report that designated glyphosate, malathion, and diazinon as “probably carcinogenic to humans.”

According to the EPA, “Pesticides are designed to (in most cases) kill pests. Many pesticides can also pose risks to people…The health effects of pesticides depend on the type of pesticide. Some, such as organophosphates and carbamates, affect the nervous system. Others may irritate the skin or eyes. Some pesticides may be carcinogens. Others may affect the hormone or endocrine system in the body.”

New Documentary Finds Roundup “Everywhere”

Posted on March 21, 2023November 6, 2024 by Galiher DeRobertis & Waxman

Brian Lilla, an award-winning filmmaker, moved to the Napa Valley wine region to raise his children in a healthy environment. But as he saw Roundup applied vigorously to the vineyards spread throughout the area, he “learned how toxic wine country is.”

“I didn’t want to leave Napa because I have children,” Lilla said in an interview with the nonprofit publication Capital & Main. “I didn’t want to run away from the problem. No matter where I go, there’s going to be glyphosate in the food. Yes, it blew my mind to find out how much it’s being used in the vineyards. But I want to make it clear that the vineyards are not the villains, nor are farms.”

Lilla’s new film, “Children of the Vine,” explores the role the herbicide Roundup has had on Napa Valley vineyards and the people who work in them and live around them.

What Is Roundup?

Glyphosate, the active ingredient in Roundup, is commonly found in herbicides throughout the world. Although Roundup’s maker, Monsanto, insists the product is safe, the World Health Organization concluded in its 2015 report on glyphosate that this key herbicide ingredient is “probably carcinogenic to humans.”

Lawsuits by farmworkers, groundskeepers, and others who regularly use Roundup as part of their jobs are mounting, with claims that it causes cancer and other health problems. More than thirty countries have banned or limited the use of glyphosate.

Glyphosate Is Everywhere, But Do We Really Need to Use It?

Unfortunately, the use of glyphosate is so widespread that traces of it can be found even in organic food products, including wine.

The “Children of the Vine” website points out that glyphosate “is now found in breast milk, baby food, wine, and 80% of food grown in the United States.”

An interviewee in the film stated: “So as we look at the consequences in our children, with each generation mounting a more and more severe collapse of health and more and more penetrance of disease, glyphosate sits at the center of it because we have poured a single chemical into our food and water system at a rate now of four billion pounds a year.”

Director Lilla said he had a “cordial” discussion with Monsanto’s public relations department about “Children of the Vine.” After he shared the film with them, “they sent me an eight-page report refuting everything I say about Roundup, which comes from the scientists and legal evidence.”

Lilla also talked to vineyard growers and others in the wine industry about the use of glyphosate. “I think it boils down to economics,” he said. “What is it going to cost to maintain your weed program with Roundup? And what’s really interesting about that question is what you find when you talk to organic growers. When I talked to Frogs Leap Winery [a Rutherford (California) winery that farmed organically for decades], I found that it doesn’t cost more, isn’t more work. It’s about the same.”

Another interviewee in the film said: “A lot of the problems you see in vineyards are self-inflicted. You can easily farm grapes in Napa Valley organically.”

How We Help Victims of Pesticide Exposure

Seek justice with the help of our experienced lawyers. Our Dallas, Texas, pesticide law firm has battled corporate giants on behalf of individuals like you for 20 years, aggressively fighting to hold them responsible for dangerous chemicals and the birth defects and personal injuries they cause. If you have a child with birth defects caused by dangerous products, we can help.

Prevention and Prenatal Care Can Lower the Risk of Birth Defects

Posted on October 10, 2022August 20, 2024 by Galiher DeRobertis & Waxman

About three percent of babies born in the United States each year are affected by birth defects. Birth defects, also called congenital defects or malformations, may be mild or severe, and can have a profound effect on the child and the family.

Care Providers Can Bridge the Gap

Access to prenatal care has been shown to have a sizable impact on fetal health. Health care providers can perform tests during pregnancy to assess the health of the fetus and screen for potential birth defects. They can also ask questions to help see if the pregnant person has been exposed through work or location factors to harmful chemicals or pesticides that could cause birth defects. For example, farm workers and workers in semiconductor factories have been found to have higher rates of birth defects because of exposure to chemicals before or during pregnancy.

Health care providers will also help plan adequate nutrition and connect women who can’t afford high-quality food and prenatal vitamins with services. Health care providers can perform diagnostic tests to assess the risks for and diagnose some birth defects to help potential parents make informed decisions and plans for their children.

But many prospective parents don’t have adequate access to prenatal care to help prevent birth defects. They also may not have received the vaccinations necessary to prevent pregnancy complications. These factors can create a disparity in birth outcomes between socioeconomic and ethnic groups and lead to higher rates of birth defects in groups who are less likely to receive conscientious health care and to be able to afford high-cost procedures and devices.

Causes and Types of Birth Defects

Although some birth defects are genetic and may not be easily prevented, other birth defects are caused by exposure to dangerous chemicals, lack of adequate nutrition, and exposure to infectious diseases before and during pregnancy. Some birth defects may be caused by a combination of factors, such as a genetic factor that increases sensitivity to an environmental hazard. Still other defects can be caused by lifestyle choices, such as drug use or smoking, and parental medical conditions, including diabetes or obesity. About 30% of the causes of birth defects are known, but the remaining 70% are of unknown or indistinct origin.

Birth defects may be visible or invisible. For example, limb abnormalities, Down syndrome, neural tube defects, and cleft palates are usually visible at birth or soon after. However, defects in internal organs or visual or hearing deficits may not be easily determined at birth. Many birth defects may lead to higher risk of death. In fact, worldwide, nearly 240,000 Infants die each year within 28 days of birth. Birth defects contribute to another 170,000 deaths of children ages 1-5 each year. In the United States, birth defects are estimated to be the cause of 20% of infant deaths.

Birth defects may also lead to lifelong disability, causing emotional distress and financial hardship for their families. Surgeries and medications may be able to cure some birth defects or provide relief from the symptoms, but other birth defects victims may need medical aides and expensive devices to ensure they can lead a full life.

Media Manipulation Comes Out During Monsanto Roundup Lawsuit

Posted on July 26, 2021August 20, 2024 by Galiher DeRobertis & Waxman

Between growing concern over the safety of glyphosate and allegations of media manipulation, who should the public trust when it comes to understanding the dangers of using Roundup herbicide? As confidential documents were uncovered during discovery in Monsanto Roundup lawsuits, the herbicide maker and its parent company, Bayer, were accused of manipulating the media to portray their corporation in a more favorable light. The deception by Monsanto about Roundup herbicide is worrisome, because while they promote stories that highlight the benefits and safety of the product, one of Monsanto’s own scientists said he would be concerned if someone wanted to test Roundup herbicide.

Bayer is facing over 13,000 Monsanto Roundup lawsuits filed by cancer victims, alleging the weed killer caused their illness. The main ingredient in Roundup herbicide is glyphosate, which has been linked to non-Hodgkin’s lymphoma.

Media Manipulation During Monsanto Roundup Lawsuit

While Monsanto Roundup lawsuits have the company in the spotlight, internal documents were released suggesting manipulation not only of scientists and regulators but also the media. One woman falsely identified herself as a freelance reporter for BBC while attending one of the Monsanto Roundup cancer trials in San Francisco. The woman spent time with other journalists who were there to cover the proceedings, feeding them storylines that favored the agrochemical giant. The woman was actually a “reputation management” consultant for FTI Consulting, who represents Monsanto. An attorney for some of the plaintiffs suing Monsanto refers to the company’s plan to persuade public opinion as their “dark money project.” He suggests this involves planting helpful news stories in popular news outlets, discrediting journalists who speak against Monsanto, and secretly funding front groups to bolster Monsanto support on social media platforms.

Monsanto Kept Watch Lists on Pesticide Friends and Foes

Examples of willful deception continue to crop up after Bayer “watch lists” surfaced. The lists consisted of pro or anti-pesticide figures, including journalists, politicians, and certain interest groups. Bayer admitted that their PR agency, FleishmanHillard, compiled the list of stakeholders and figures on behalf of Monsanto. While the company waits to investigate and gather more information, Bayer claimed they plan to suspend the agency’s PR work but continue marketing projects.

How We Help Pesticide Victims

Seek justice with the help of our experienced attorneys. Our Dallas, Texas pesticide law firm has battled corporate giants on behalf of individuals like you for 20 years, aggressively fighting to hold companies responsible for dangerous chemicals and the cancers and personal injuries they cause. If you have suffered catastrophic injury caused by Monsanto’s Roundup or other harmful chemicals, we can help.

Groundskeeper Awarded $289M Roundup Cancer Verdict

Posted on April 18, 2021August 20, 2024 by Galiher DeRobertis & Waxman

In a groundbreaking trial, a Northern California jury unanimously agrees Monsanto Roundup pesticide was a contributing cause of Bay Area school groundskeeper’s incurable cancer. The award was later reduced to $78 million.

CALIFORNIA –– A San Francisco jury has awarded DeWayne Lee Johnson $289 million finding Monsanto liable for contributing to Mr. Johnson’s terminal cancer. Mr. Johnson contracted non-Hodgkin’s lymphoma after regularly using the company’s popular Roundup herbicide and a similar product, Ranger Pro.

Update: The judge later slashed the punitive damages portion of the award, reducing the total award to $78 million.

Mr. Johnson was exposed to Monsanto’s Roundup and Ranger Pro weed killers as a school groundskeeper in the San Francisco Bay Area. He routinely sprayed the school district’s properties with large quantities of the herbicides from a 50-gallon tank attached to a truck. During wind gusts, the weed killer would blowback, covering Mr. Johnson’s face. On one occasion, the hose broke completely dousing Mr. Johnson’s body with Roundup. Two years later, he was diagnosed with non-Hodgkin’s lymphoma.

According to court documents, lesions cover as much as 80% of Mr. Johnson’s body. On his bad days, Mr. Johnson is too weak to even speak. His doctors were not sure he would live long enough to see his day in court. So far, Mr. Johnson has beaten the odds, but his prognosis is bleak.

The International Agency for Research on Cancer, an arm of the World Health Organization, has classified Roundup’s main active ingredient, glyphosate, as a “probable human carcinogen.” The State of California has also added glyphosate to its list of chemicals known to cause cancer. However, a judge temporarily stopped the state from requiring that Monsanto add a cancer warning label on its products sold in California.

Roundup is the most popular herbicide used in the world. It is commonly sprayed on residential properties and used by commercial growers on agriculture crops and fields. According to the California Department of Pesticide Regulation, Roundup is the state’s most widely used herbicide. People who work in commercial agriculture or industrial farming are at high risk for exposure to pesticides and herbicides like Roundup.

Mr. Johnson, who is 46-years-old and married with two sons, is the first to take a case to trial against Monsanto alleging that Roundup causes cancer.

After deliberating for three days, the jury unanimously agreed that Roundup contributed to Mr. Johnson’s lymphoma. On August 10, 2018, in a precedent-setting verdict, the jury awarded Mr. Johnson $289 million. This amount includes $39 million for compensatory damages and $250 million for punitive damages. The jury found that Monsanto hid the risks from consumers. The jury also said that Monsanto should have provided a label warning of the potential health hazard.

Update: Monsanto fought back, asking the judge to overrule the whole jury award for punitive damages. Instead, Judge Suzanne Bolanos substantially reduced the punitive damages award from $250 million down to $39 million. Judge Bolanos said she would not order a new trial if Mr. Johnson accepts the reduction.

On October 26, 2018, Mr. Johnson agreed to the judge’s terms. Through his attorney, he informed the court that he accepts the reduction in punitive damages in order “to avoid the further burden of a new trial or appeal.” Mr. Johnson’s total award is now $78 million.

Monsanto has denied links between its pesticides and cancer for decades and maintains its product is safe. Before the reduced award was granted, the agribusiness giant said it planned to appeal. Monsanto faces many more lawsuits from potentially thousands of people who have been harmed by Roundup.

Waters Kraus & Paul
Waters Kraus & Paul is a mid-sized plaintiffs’ law firm that fights for families who have been harmed by toxic chemical exposures. We represent parents who have worked in the commercial agriculture and growing industry and who are raising a special needs child. If you have a child with birth defects and you have been exposed to pesticides or other chemicals while on the job, email or call 866.295.4518 to see how we can help you.