New York, NY (PRWEB) July 28, 2011
Parker Waichman Alonso LLP, a national law firm representing clients in lawsuits stemming from defective products and toxic substances, is investigating reports of damaged and dying trees allegedly associated with DuPont's Imprelis™ herbicide. Imprelis™ is suspected of having caused the deaths of thousands of mature landscape trees on lawns, golf courses, in cemeteries and in parks throughout the country. Trees with shallow roots systems, including willows, poplars and conifers, and especially Norway spruce and eastern white pines, appear to be the most vulnerable to alleged Imprelis™ side effects.
Problems allegedly associated with Imprelis™ include significant browning of tree tips, as well as drastic loss of leaves or dropping of needles. Curling and twisting of new growth has also been observed. An alert issued in June by the Penn State University Extension Service noted that trees appeared to be poisoned through the roots. "In some cases, injury does not progress much further than slight curling and browning of new growth; however, in other cases complete dieback is observed. In severe cases, the entire tree turns brown and begins to lose its needles," the Penn State alert said.
These reports have prompted the U.S. Environmental Protection Agency (EPA) to begin gathering information on the tree deaths from state officials and DuPont, and the agency is set to begin an "expedited review' of Imprelis™" in the coming weeks. According to the EPA, it has received complaints about Imprelis™ from Minnesota, Indiana, Illinois, Ohio, Michigan, Pennsylvania, Maryland, Virginia, Delaware, Wisconsin and West Virginia. Incident reports are being collected from those states, and other states have been notified of the problem, the EPA said.
Parker Waichman Alonso LLP has already joined with its partner firms in filing a class action lawsuit on behalf of one property owner who claims to have suffered significant damage and harm to trees due to Imprelis. The lawsuit, which seeks class action status on behalf of all who have sustained extensive and permanent damage to their trees, lawns and gardens following application of Imprelis, was filed in U.S. District Court for the Northern District of Ohio, Eastern Division last week (Case No. 1:11-cv-01517). The lawsuit accuses DuPont of, among other things, negligence and fraud in the marketing of Imprelis™. It seeks injunctive relief barring DuPont from continued sale of Imprelis™, as well as compensatory and other damages, including the cost of replacing trees allegedly harmed by Imprelis™
According to a report from the Detroit Free Press published on July 22, 2011, at least four other lawsuits have been filed against DuPont over Imprelis. This includes one brought by the Polo Fields Golf & Country Club LLC of Southfield, Michigan (Case No. 1:11-cv-00624-UNA). This lawsuit and three other Imprelis complaints have been filed in U.S. District Court in Wilmington, Delaware, the Free Press said.
DuPont acknowledged receiving reports of tree deaths and damage possibly associated with Imprelis™ in a letter to turf management professionals dated June 17, 2011, and said it is investigating the occurrences. The letter states that most cases have involved the application of a mixture of Imprelis™ with other herbicides, either pre-emergent, post-emergent and/or with a liquid fertilizer. The company also asserts that reports indicate there may have been errors in use rates, mixing practices and/or applications to exposed roots, or the tree. For now, DuPont has cautioned that Imprelis™ not be sprayed near Norway spruce or white pine, or in places where the product might drift toward such trees or run off toward their roots.
Jordan L. Chaikin, a partner with Parker Waichman Alonso LLP, says the June 17 letter from DuPont is only an attempt by the company to avoid blame for the destruction and damage Imprelis™ has caused.
"Unfortunately, DuPont's blame shifting and failure to adequately respond to this disaster has done nothing to help property owners replace damaged trees," Chaikin said. "Nor has it compensated lawn care professionals who have incurred financial losses arising from Imprelis™ poisoning."
According to a New York Times report published on July 14, 2011, reports of dying trees possibly associated with Imprelis started surfacing around Memorial Day. Imprelis™ is now suspected of causing the death of thousands of shallow-rooted trees, including willows, poplars and conifers, throughout the country.
Brought to market by DuPont in October 2010, Imprelis is touted as an environmentally-friendly herbicide and an "innovative solution to control a wide spectrum of broadleaf weeds."
Parker Waichman Alonso LLP continues to receive reports of Imprelis™ tree damage from around the country, including from homeowners, golf courses, universities, arboretums, nurseries and orchards, parks and recreational sites, and cemeteries. Parker Waichman Alonso LLP is investigating these complaints on behalf of landscapers, professional gardeners and other lawn care professionals who have sustained damages as a result of Imprelis™. More information regarding Imprelis™ side effects can be obtained at Parker Waichman Alonso LLP’s DuPont Imprelis™ poisoning page at http://www.yourlawyer.com. The page will be updated regularly as more information becomes available.
For more information regarding the Imprelis™ class action lawsuit and Parker Waichman Alonso LLP, please visit: http://www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).