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Tuesday, April 23, 2024

Suit against FIMCO and Wellmark claims worker ingested toxic substance in lungs

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BENTON — A surviving spouse is suing FIMCO Inc. and Wellmark International Inc., high-pressure-pump distributors, claiming her husband ingested a toxic substance into his lungs and later died.

Nancy Picard, individually and as special representative for the estate of Jeffrey L. Picard, filed a complaint on Jan. 15 in the U.S. District Court for the Southern District of Illinois against the defendants alleging that they failed to supply pumps that were safe for use with human application.

According to the complaint, Jeffrey Picard was sprayed with toxic pyronyl crop spray, which was ingested into his lungs. He sustained severe and permanent injuries to his body including his lungs, and died on April 10, 2017. 

The plaintiff holds FIMCO Inc. and Wellmark International Inc. responsible because they allegedly failed to provide sufficient warnings and/or instructions for safe and proper installation and replacement of the pump including post-installation activation.

The plaintiff requests a trial by jury and seeks judgment in her favor and for the estate for an amount in excess of $50,000 and for costs of this action. She is represented by Brian M. Wendler of Wendler Law PC in Edwardsville and Peter Maag of Maag Law Firm, LLC in Wood River.

U.S. District Court for the Southern District of Illinois case number 3:19-cv-00046-SMY-GCS

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