Imprelis Tree Damage Lawsuit

Have you sustained damage to trees or shrubs on your property that might be due to DuPont’s Imprelis herbicide? Imprelis was recalled in August 2011, after being linked to a massive dye off of shallow root system trees, including evergreens, Norway spruces, eastern white pines, conifer trees, willow trees, poplar trees, deodora cedars, and balsam fir trees. On August 11, 2011, the U.S. Environmental Protection Agency (“EPA”) banned the sale of Imprelis.

Since the EPA Imprelis ban and DuPont Imprelis recall, property owners around the country have filed lawsuits seeking compensation for their dead and dying trees. If you believe shallow root system trees on your property were killed or damaged by Imprelis, Gilman Law LLP can assist you in filing an Imprelis lawsuit. Our firm is offering free lawsuit consultations to any property owner who lost trees to Imprelis. To discuss your Imprelis lawsuit with the experienced legal team at Gilman Law LLP, please contact us today.

What is Imprelis?

Imprelis herbicide was introduced by DuPont in 2010. The active ingredient in Imprelis is aminocyclopyrachlor, was touted by DuPont as a more environmentally friendly weed killer than other herbicides. Intended to be used by lawn care professionals only, Imprelis is highly effective in controlling problem weeds such as clover, ground ivy and violets. However, due to the potential for root uptake, the product label states, “particular care must be taken within the dripline of trees and shrubs or other ornamental plants.”

Imprelis was quickly and widely adopted by golf courses, lawn care services, municipalities and other commercial and large-scale users because of DuPont’s eco-friendly claims. But by the summer of 2011, many lawn care companies were reporting that some ornamental trees and shrubs near turf areas treated with Imprelis showed browning and dieback weeks after the application. Spruce and pine trees were the most severely damaged — some trees dying within 12 weeks of lawn treatment. Damage symptoms were also observed on many other species of trees and shrubs.

The EPA began investigating Imprelis after it received thousands of reports of damaged and dying trees. In its investigation, the EPA found that DuPont knew of Imprelis’ potential damage to evergreen trees, but did not include the information on the Imprelis label. DuPont’s test data showed that Imprelis was harmful to Norway spruce, balsam fir, and other trees. In August 2011, the EPA issued DuPont a “Stop Sale” notice, and ordered it to ordered DuPont to halt the sale, use or distribution of Imprelis herbicide. This resulted in an EPA Imprelis ban and EPA Imprelis recall.

Symptoms of Imprelis Tree Damage

Evergreen trees damaged by Imprelis will exhibit yellowing and browning of needles, twisting and curling of needles and tips of branches, and eventual needle drop at the ends of the branches. On pines, the newly emerging “candles” (new growth) are affected. On deciduous, broad-leaved trees, leaf cupping and twisting can occur as well as misshapen and smaller leaves with browning along the margins. Unlike conifer insect and disease problems, Imprelis injury occurs rapidly — usually within two to four weeks of application.

What Should I do if I Believe my Trees were Damaged by Imprelis?

If you believe your trees were damaged by Imprelis, there are several things you must do to preserve your legal rights.  First call your lawn care professional to ask if Imprelis was used on your lawn.  If Imprelis was used on your property, damage can be confirmed by the distinct symptoms of Imprelis poisoning, including browning, curling and cupping of needles or leaves.

Property owners who suspect that Imprelis may have killed or damaged their trees are being cautioned not to get rid of them, as they would be considered evidence should they choose to file a Imprelis lawsuit. Instead, the damage should be documented in photographs, or by gathering samples of vegetation.  Evidence of Imprelis damage that should be preserved includes:

• Proof of injury to your trees: Take pictures (preferably dated) of the entire tree or trees, as well as close-up images of the injured branches.
• Proof that Imprelis was applied: Ask your lawn care professional for the date of application and, if possible, exactly where Imprelis was applied in relationship to your trees and the concentration of the mixture of Imprelis.
• Soil and foliage samples: Soil samples should be taken from under each damaged tree and in the area treated with Imprelis.  Soil samples should be collected from the top 4” of soil (after turf or mulch has been removed). Collect enough soil from each location to fill a zip-lock sandwich bag, then seal the bag, label with date and location, and store in a freezer.
• Documentation of the species, sizes (height and diameter) and function of those trees.

Before you consider accepting any offer of compensation from DuPont, you should first speak to an Imprelis lawyer.  DuPont will require you to sign away your legal right to sue the company, so you need to be sure its offer is fair.  It can cost as much as $25,000 or more to replace a mature, ornamental landscape tree, so keep that in mind if DuPont presents a settlement offer.

Since the Imprelis recall, property owners throughout the U.S. have filed Imprelis lawsuits seeking compensation from DuPont.  Imprelis lawsuits have been consolidated in a multidistrict litigation in U.S. District Court, Eastern District of Pennsylvania and assigned to Judge Gene E.K. Pratter (In re Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, Case No. 11-md-2284). If trees or shrubs on your property have been damaged or killed by Imprelis, Gilman Law LLP may be able to help you obtain compensation from DuPont.  For a free evaluation of your potential Imprelis contamination lawsuit, please fill out the online form on the left or call Toll Free at 1-888-252-0048.

Imprelis Tree Damage and Death Lawsuit Claim Form

Property owners throughout the country who have suffered tree  damage and death because of Imprelis herbicide have filed lawsuits seeking compensation from DuPont.  Imprelis lawsuits have been consolidated in a multidistrict litigation in U.S. District Court, Eastern District of Pennsylvania and assigned to Judge Gene E.K. Pratter (In re Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, Case No. 11-md-2284).  If you would like to discuss an Imprelis lawsuit, please contact Gilman Law LLP today.  For a free evaluation of your potential Imprelis lawsuit, please fill out the claim form to the left or call Toll Free at 1-888-252-0048.

Legal Help for Victims of Imprelis

If trees or shrubs on your property have been damaged or killed by Imprelis, Gilman Law LLP may be able to help you obtain compensation from DuPont.  For a free evaluation of your potential Imprelis contamination lawsuit, please fill out the online form on the left or call Toll Free at 1-888-252-0048.

 

 

Investigating potential #imprelis lawsuits on behalf of property owners who lost trees to DuPont Imprelis herbicide: gilmanlawllp.com/defective-drug…

— Gilman Law LLP (@GilmanLawLLP) April 5, 2012