Family settles lawsuit for misapplied pesticide that killed two children

January 10, 2012
By Brassel, Alexander & Rice, LLC on January 10, 2012 10:48 AM |

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A Utah family who lost two children from a pesticide that was misapplied by an exterminator outside their home settled a lawsuit against the company that employed the exterminator for an undisclosed amount last month.

Our Annapolis Maryland Injury Attorneys have more than 30 years representing Plaintiffs who have been injured by the negligence of others, including home contractors.

The family's lawsuit alleged that an exterminator for Bugman Pest and Lawn, Inc., placed Fumitoxin pellets within a burrow system that was less than 15 feet from the family's home. Fumitoxin is a rat poison. As result of this pesticide application, which was contrary to the manufacturer's specifications, five of six members of the family became sick, and the family tragically lost their 4-year-old and 15-month-old daughters.

The Utah Medical Examiner's office found elevated phosphine levels in the bodies of the two children. State authorities attributed the elevated phosphine levels to inhalation of fumes from the rat poison.

The family's lawsuit sought damages to compensate the family for negligence, infliction of emotional distress, nuisance and "abnormally dangerous activities" that were allegedly committed by the company and its employee.

The employee who administered the pesticide pleaded guilty in United States District Court in October, admitting that he applied Fumitoxin pellets within 15 feet of the family home in violation of Federal Environmental Protection Laws. He acknowledged that the application was inconsistent with the product's labeling and exceeded the required dosage. Prosecutors recommended a jail sentence of six months, followed by six months of home confinement.

The company owner, Raymond Wilson Sr., pleaded guilty and will be banned from purchasing pesticides for three years, which will likely put the company out of business.

As a result of the deaths of the two children, the Environmental Protection Agency prohibited residential use of Fumitoxin. The Utah Department of Agriculture and Food also tightened accountability requirements, mandating that consumers be notified in advance if any product with a "Danger" label is used at their home.


If you have been injured due to another person's negligence, contact the Brassel, Alexander & Rice for a free consultation.