Breaking News: Bayer AG, formerly Monsanto Company, agrees to $400 million settlement of dicamba drift litigation alleging damage to soybean crops from off-target movement of dicamba herbicides.

Soybean farmers who suffered crop damage have a deadline of May 28, 2021 to submit a claim and provide proof of crop damage to recover from the settlement fund.

Under the settlement, Bayer will pay up to $400 million to resolve claims alleging the dicamba herbicides volitalized and drifted to neighboring fields, harming vulnerable soybean crops. Eligible soybean farmers may make damage claims for the 2015 through 2020 growing seasons.

To qualify for a settlement payment, eligible Claimants must complete a claim form and provide documentary evidence of their dicamba-related crop damage for a growing season(s) from 2015 to 2020. If you suffered financial loss because your soybean crops were damaged by off-target movement of dicamba, and you want to share in the settlement fund, you must file a claim in the settlement by the May 28, 2021 Claims Package Deadline. To learn more about the claims process, click here.

How We Can Help

Zimmerman Reed is proud to serve as a court-appointed member of the lead team of lawyers representing affected soybean farmers and can help evaluate and process your claim.

If you are a farmer whose soybeans were damaged by dicamba, we can help you understand your legal options. Call us at 1.800.887.8029 or submit a Free Case Review Form to learn more.

The deadline to submit a claim is May 28, 2021. We encourage eligible claimants to start the claims process immediately. Late claims will not be accepted.

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Background

Zimmerman Reed has been investigating and been involved in the dicamba litigation for several years. Please review the information below for some background.

What is Dicamba?

Dicamba, a growth regulating herbicide, is selectively used against invasive broadleaf plants such as Palmer amaranth, more commonly known as pigweed. Pigweed is a common nuisance in the farming industry, and soybeans in particular are taking the brunt of the infestation.

Thousands of farmers have turned to herbicides like dicamba to control the spread of these noxious weeds. Dicamba is a volatile herbicide, meaning it can vaporize and spread beyond the fields targeted by applicators. This volatilization is what farmers claim is harming their crops.

Brand names for dicamba include:

 – Banvel  – Diablo  – Oracle
 – Vanquish  – XtendMax  – FeXapan
 – Engenia

 

Variations of dicamba were given regulatory approval by the Environmental Protection Agency based on a claimed lower volatility rate than prior technologies. Despite the new formula having reduced volatility, experts cannot unequivocally say the formula will prevent the spread of dicamba to neighboring crops.

Dicamba Lawsuits

The dicamba lawsuits filed in federal courts were centralized in Missouri in front of the honorable Judge Stephen N. Limbaugh, Jr. When multiple lawsuits are filed alleging similar damages stemming from the same conduct, it is common for the cases to be consolidated into a multi-district litigation (MDL). The MDL process conserves judicial resources and saves the parties time and money. Zimmerman Reed partner Hart Robinovitch was appointed by the Court to serve on the Plaintiffs’ Executive Committee to help lead the litigation against Monsanto.

Farmers argued that Monsanto and other agribusinesses benefit from the drift by forcing farmers to adopt dicamba-resistant seeds to ensure their acres of crops are not damaged. University of Missouri Professor Kevin Bradley reported that, in 2017 alone, more than 3.6 million acres of soybeans were damaged across the country in addition to many acres of orchards, vineyards, forests, and other susceptible plants. The drift has allegedly compromised critical wildlife habitat and crippled many farms.

To learn more about the claims process for the current settlement, click here.

Where Has Dicamba Damage Occurred?

Dicamba damage has occurred in several states, but the damage has been most severe in:

 – Minnesota  – North Dakota  – South Dakota
 – Nebraska  – Iowa  – Missouri
 – Arkansas  – Ohio  – Illinois
 – Kansas  – Indiana  – Texas
 – Michigan  – Wisconsin  – Oklahoma
 – Tennessee  – Mississippi

Dicamba Drift Damage acres of crops

What Does Dicamba Crop Damage Look Like?

Dicamba Damaged Soybeans

Crop damage usually appears within days of the application of the dicamba herbicide, but some damage can take weeks to appear.

Symptoms of dicamba damage can include:

  • Twisted leaves
  • Downward cupping on leaves
  • Narrow leaves on newest growth of the plant

 

Free Case Review Form


Dicamba Crop Damage In The News

How We Can Help

Zimmerman Reed is proud to serve as a court-appointed member of the lead team of lawyers representing affected soybean farmers and can help evaluate and process your claim.

If you are a farmer whose soybeans were damaged by dicamba, we can help you understand your legal options. Call us at 1.800.887.8029 or submit a Free Case Review form to learn more.

The deadline to submit a claim is May 28, 2021. We encourage eligible claimants to start the claims process immediately. Late claims will not be accepted.