Facts

Thirteen Nicaraguans who worked on three banana plantations in Chinandega Province, Nicaragua between 1968 to 1982 claimed they became sterile after repeated exposure to the pesticide 1,2 Dibromo-3-Chloropropane (DBCP), manufactured by a Dow Chemical Co. and used by Dole Fresh Fruit Co. Plaintiffs claim that the chemical, used to kill worms that eat banana tree roots, was knowingly mixed with sprinkler irrigation water and sprayed from towers twice a year for several days at a time. The plaintiffs claim they were never given protective gear, nor did anyone tell them that DBCP could cause sterility.

Plaintiffs brought suit against defendants, including Westlake Village-based Dole Fresh Fruit Company, Michigan-based Dow Chemical Company and Newport Beach-based Amvac Chemical Corporation. Both Dow and Dole denied allegations, contending there was no proof DBCP sterilized any field worker and that the quantities used were too limited to have caused sterility.

Result

On Nov. 2, 2007, the jury awarded plaintiff $3,290,800 in compensatory damages and later $2.5 million in punitive damages. This was in addition to a previous $300,000 settlement approved on April 24, 2007 with Amvac Chemical Corp., where Amvac paid each plaintiff between $2,000 and $60,000 without admitting liability. Some plaintiffs paid the lesser amount never worked the years Amvac sold DBCP to farms in Nicaragua. On July 15, 2010, the court granted the defense's post-trial motion to dismiss the judgment.

Other Information

This is an updated republication. FILING DATE: March 26, 2004.