Canceled BenlateŽ Still Not Out of the
Court SystemIn a potentially huge setback for DuPont, the Florida Supreme Court reinstated a $4 million jury award to a former southern Florida family that blames the benomyl-containing fungicide for the fact that their son was born without eyes. On July 10, the court overturned a 1999 appellate court decision that had vacated the judgment against the manufacturer of Benlate and against Pine Island Farms, a Homestead " U-Pick" farm that sprayed chemical on crops as the pregnant mother walked in the area. The 60-page ruling represents a major victory for dozens of families across the United States and Britain that allege that BenlateŽ is responsible for their children having been born eyeless.
In a statement, DuPont said it was "disappointed" by the decision and noted that the same expert-witness testimony had been ruled inadmissible in a similar West Virginia case in March 2002. "DuPont knows of no credible science to support these claims and will continue to defend the product in ongoing Delaware litigation," the statement said. The company did not say whether it would pursue the Florida case further. (Miami Herald, 7/11/03 via AgNet).
