The U.S. Environmental Protection Agency (EPA) has canceled the use of all pesticides containing the chemical DCPA. If you or a loved one has used or been exposed to the pesticide, you may have the right to bring a Dacthal lawsuit for DCPA exposure. Through your lawsuit, you could recover financial compensation for any health issues you or your loved ones experienced.
What to Know About DCPA
Dacthal, or DCPA, is the shortened name for the chemical dimethyl tetrachloroterephthalate. This chemical was first registered with the EPA in 1958 and can be found as the active ingredient in herbicides used to treat crabgrass and other annual grasses. Places where DCPA was most frequently used included home flower and vegetable gardens and nurseries.
AMVAC Chemical Corporation, or simply AMVAC, is the sole manufacturer of dacthal/DCPA. The company was responsible for providing accurate information about its product’s dangers so consumers could make informed decisions about using dacthal-based herbicides.
There are several ways you or a loved one could have been exposed to DCPA.
Consumption
You may have consumed DCPA in your drinking water or on food. Dacthal-based herbicides were commonly used around vegetables like onions, broccoli, and cabbage. You might have consumed DCPA if you ingested vegetables grown in turf treated with a dacthal-based herbicide. The herbicide could have also made its way into well water supplies.
Skin Contact
Topical exposure to DCPA likely occurred if you used an herbicide containing DCPA without proper protective equipment, such as gloves. For many decades, dacthal was believed to be relatively safe for use around the home. Unwary consumers may have erroneously thought they did not need to take any special precautions before using DCPA.
Contact with the Eyes or Mouth
It is important when using any herbicide or pesticide to wash your hands thoroughly before touching your eyes or mouth. If you worked with DCPA and inadvertently rubbed your eyes or touched your mouth, this could have exposed you to the chemical. Even if you washed your hands or flushed your eyes afterward, you could still face adverse health consequences.
Inhalation
Herbicides containing DCPA came in various forms, including granules, liquid concentrate, and wettable powder. Breathing DCPA herbicide fumes over a long time can result in adverse health effects. However, given that DCPA was used around the home, consumers may not have thought to wear a mask or other protection when using it.
Health Complications and Dangers of DCPA Exposure
How Exposure to Dacthal During Pregnancy Affects You and Your Child
One of the reasons the EPA recently discontinued the use of DCPA was the growing body of evidence linking DCPA exposure to certain adverse health effects in unborn children. The unborn babies of pregnant women who were exposed to dacthal could experience dangerous changes in their thyroid levels, leading to low IQ, low birth weight, and impaired brain development.
Other birth-related injuries connected to DCPA exposure during pregnancy include:
- Developmental delays
- Respiratory problems
- Impairment of cognitive functioning and motor skills
- Respiratory issues
- Thyroid and other hormonal imbalances.
Also, there is some evidence suggesting a link between dacthal exposure and cancers of the thyroid and liver.
If your child was born with birth defects like low IQ and you suspect you were exposed to DCPA-containing herbicides, call (215) 569-0900 to speak with Wapner Newman immediately.
Your Legal Rights Following Dacthal Exposure During Pregnancy
How a Dacthal Exposure Lawsuit for Birth Defects Can Help You and Your Family
The law requires manufacturers to exercise reasonable care to make products as safe as possible for consumers.
AMVAC may have known about the health risks of dacthal exposure for decades. As a product manufacturer, AMVAC has a legal duty to warn customers of the known dangers its products pose and how consumers can mitigate those risks. However, because AMVAC failed to do so in a timely manner, it is now facing lawsuits for damages.
To bring a successful lawsuit against AMVAC for dacthal birth injuries, you must use records, documents, and other evidence to prove the following:
- You or your child suffered a birth injury or other adverse health effects.
- This injury or effect was the result of exposure to DCPA.
- There was no pre-existing condition or other event that caused your injuries.
- The harm you suffered can be addressed through financial compensation.
Customers trust manufacturers like AMVAC to be forthcoming about their products’ risks and hazards. For this reason, the law requires manufacturers to exercise reasonable care to make products as safe as possible for consumers. If dangers remain, manufacturers must give reasonable warnings to customers through labeling and other means.
If your case is successful, you could recover financial compensation from AMVAC to address any medical bills, lost or decreased earnings, ongoing support, and other tangible and intangible losses you experienced. An attorney can help you understand the damages available in your case and how much your claim might be worth.
Beware the Statute of Limitations for DCPA Birth Injury Claims
Like any injury lawsuit, you have only a limited time to take legal action. Laws in every state can prevent you from pursuing your legal rights if you wait too long to act. These laws are known as statutes of limitations, and they specify the precise amount of time you have to file a claim. Once they expire, a court could dismiss any legal claim you file, regardless of the claim’s merits.
In Pennsylvania, claims against manufacturers for defective and dangerous products must commence within two years of the date you knew or should have known the dangerous product injured you. The sooner you take action by retaining a qualified lawyer who can file a claim on your behalf, the less likely you are to run afoul of the statute of limitations.
Why Choose Us?
When you suspect you or your child have been impacted by exposure to dacthal during pregnancy, it is essential that you receive informed and accurate advice. Wapner Newman and its team of experienced attorneys will not only advise you about your rights, but they will also:
- Evaluate whether you qualify to file a dacthal lawsuit for DCPA exposure
- Collect medical records and other documentation establishing a DCPA-connected birth injury
- File a claim for damages within the applicable statute of limitations
- With your consent, attempt to negotiate a settlement to your injury claim
- Pursue other legal avenues to secure the compensation you deserve.
The attorneys at Wapner Newman have secured millions of dollars in compensation for clients harmed by the negligence of others, including large corporations. Our injury lawyers are not afraid to work hard and confront defendants, whether large or small, in pursuit of justice for clients.
FAQs
Learning that your or your child’s birth-related injuries or other health complications are related to DCPA exposure can be confusing and lead to questions. Here are some useful answers to common concerns individuals have.
What is DCPA and dacthal?
Dacthal and DCPA are both shorthand for the chemical dimethyl tetrachloroterephthalate. This chemical has been present in herbicides since 1958 and was only recently banned by the EPA.
What health complications have been connected to DCPA exposure?
In October 2024, the EPA discontinued the use of DCPA due to growing concerns over dacthal exposure in pregnant women leading to birth injuries like abnormal thyroid levels, low birth weight, and delayed brain development.
What is a DCPA exposure lawsuit for birth defects?
Evidence suggests that AMVAC, the manufacturer of dacthal, knew about the potential risks of DCPA exposure but did not inform consumers. You may have a legal claim against AMVAC for damages if you or your child were born with birth defects following exposure to DCPA during pregnancy.
How do I know if I have a lawsuit against AMVAC?
The easiest way to determine your legal rights is to visit with an experienced and knowledgeable attorney familiar with dacthal lawsuits for DCPA exposure. An attorney can investigate and review your situation and provide a personalized analysis of your legal rights and advice on how to protect them.
How long do I have to file a claim?
A dacthal pesticide lawsuit for DCPA exposure during pregnancy must comply with your jurisdiction’s statute of limitations. In Pennsylvania, this statute of limitations is two years from the date you know or should have known that DCPA exposure caused your child’s birth injuries. It is essential that you speak to a lawyer as soon as possible about your situation.
Searching the internet for answers to your questions is time-consuming and can lead you to inaccurate information. Instead, speak to a knowledgeable and understanding attorney who can provide you with accurate information about your specific circumstances.
Contact Wapner Newman and Schedule a Consultation Today
You and your family do not need to address the financial burdens caused by DCPA exposure yourselves. Because AMVAC knew about the health dangers of dacthal but chose not to disclose that information to consumers, the company is now facing lawsuits from individuals seeking damages. You, too, could be entitled to compensation for the harm you or your child suffered.
Schedule your free, no-obligation case evaluation with an experienced Philadelphia personal injury lawyer by calling Wapner Newman at (215) 569-0900.