Imprelis® MDL Created and Information on Imprelis® Claims Program
October 28, 2011
The DuPont chemical company's Imprelis® herbicide has been linked to the significant damage and death of desirable vegetation including trees, shrubs, and ornamental plants. On August 10, the Environmental Protection Agency (EPA) ordered DuPont to halt the sale, use, and distribution of the chemical. 
On October 20, 2011, the U.S. Judicial Panel on Multidistrict Litigation (MDL) decided to consolidate Imprelis® cases for pretrial proceedings in the Eastern District of Pennsylvania. The Panel chose the Eastern District of Pennsylvania in part because the EPA office responsible for investigating and handling Imprelis® is located in Philadelphia. Robins, Kaplan, Miller & Ciresi L.L.P. is handling Imprelis® claims and plans on being actively involved in these MDL proceedings, following the Minnesota class action lawsuit we filed in August 2011 against the DuPont chemical company over Imprelis®.
DuPont has announced a "claims resolution process" for Imprelis® damage to evergreen trees. At this point, it is not certain that the process will provide full compensation to Imprelis® victims. DuPont has provided few details about the program.  DuPont says it will compensate lawn care professionals for the removal and replacement of trees destroyed by Imprelis®, but makes only vague statements that it will provide property owners a "direct payment based on a fixed percentage of the total validated claim." DuPont does not define what constitutes a "validated claim," nor does it specify what "fixed percentage" it may pay. Regarding large trees, DuPont states that when it "is not feasible" to replace a tree with one of a similar size, "DuPont will provide a recommended solution to address the situation." DuPont provides no details as to what that "solution" might be. Additionally, to receive any benefits under the program, homeowners "will be required to sign a release that waives [their] right to file or participate in any lawsuit related to Imprelis®."
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