EAST ST. LOUIS - Syngenta and Chevron moved on Dec. 6 to dismiss 47 plaintiffs who alleged that weed killer Paraquat caused Parkinson’s disease, claiming they violated an order to search for proof of exposure.
Chief U.S. District Judge Nancy Rosenstengel issued the order in February, directing each plaintiff to serve subpoenas on third parties for evidence of exposure.
Defense counsel Ragan Naresh of Washington claimed plaintiffs on his list didn’t upload any subpoenas, responses or attestations to the court’s Paraquat portal.
“Federal rules and Seventh Circuit precedent explicitly authorize the court to dismiss any plaintiff who fails to comply with its discovery orders," he wrote.
Ben Martin’s firm in Dallas represents 15 plaintiffs on the list.
James Onder’s firm in St. Louis County represents five and Tor Hoerman’s firm in Edwardsville represents four.
As of Dec. 2 Rosenstengel presided over 5,835 active Paraquat suits from many states by appointment of a judicial panel in Washington.
In the last year and a half she signed a series of orders to clear the docket of what she called implausible and far fetched theories.
As of Dec. 2 she closed 1,332 cases, 19% of the docket, almost all by voluntary dismissal.
February’s order directed each plaintiff to seek documentary evidence of use or exposure.
She found it would give plaintiffs an opportunity to better determine the strength of their claims.
In September, Syngenta and Chevron moved to enforce the order against 590 plaintiffs.
Plaintiff leaders responded that the order didn’t apply to plaintiffs who sued after Rosenstengel signed the order.
She clarified that the order covered everyone and she granted 21 days for compliance.
Naresh stated he took a final count at midnight on Dec. 5 and 47 names remained.
Onder’s clients William D. James of Oklahoma, Kevin Osborn of Florida, Kimberly Scott of Illinois, Joan Umlor of Michigan and James Vondenhuevel of Tennessee made the list.
Hoerman’s clients James Groleau of Wisconsin, Jeannine Eckles of Colorado, Arthur Goodman of Tennessee and Phillip Wayman of Kentucky made the list.
The rate of case openings has slowed this year and lately has plunged.
For the first three years plaintiffs averaged six complaints a day.
From this May to August they averaged four a day.
From September through Dec. 10 they averaged 1.8.