Maui families sue Monsanto for use of toxic pesticides

| Oct 31, 2019 | Personal Injury |

When a Hawaiian family is expecting a child, they are hoping that the child will be born with no health complications. However, some children are born with birth defects that can cause the child to suffer physical and mental disabilities that affect them for the rest of their lives. The families of these children may find themselves struggling to pay for the costly surgeries, rehabilitation and other medical expenses. While birth defects can sometimes be unavoidable, there are many cases where a birth defect was caused by the negligence of another party. Sometimes, a negligent medical professional is to blame, but in other cases, companies are responsible for using dangerous or defective products.

A 28-year-old woman and her parents, and a 17-year-old and his mother, are filing a personal injury lawsuit against Monsanto, a pesticide manufacturer. The families reportedly lived in a residential neighborhood, no more than 500 yards form Monsanto’s fields in north Kihei. The lawsuit alleges that Monsanto used dangerous pesticides and other harmful chemicals in the fields that caused birth defects in the 28-year-old woman and 17-year-old boy. The families asserted claims for negligence, strict liability and negligent infliction of emotional distress.

The 28-year-old woman reportedly was born with a condition that caused her throat to not be connected with her stomach. As a result, she was not able to eat and had to undergo esophagus reconstruction surgery. She also had to use a tracheostomy tube to breathe and had paralyzed vocal cords. The 17-year-old boy was born with a defect that caused limited kidney function, and had to undergo surgery to repair a tube between his kidney and bladder that was not formed properly. The boy also reportedly has attention deficit hyperactivity disorder, or ADHD.

According to the lawsuit, Monsanto used restricted-use pesticides that are known to cause birth defects and other medical problems. The families became aware of the possible toxic exposure to the pesticides during pregnancy in 2017.

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.