Benjamin Lopez et al v. Mastronardi Produce-USA et al

June 1, 2022
Not judged
United States, Michigan

Farm/rural workers
Benjamin Lopez, Oscar Carlos Lopez Ramirez, Ramona Reyes Saucedo
Mastronardi Produce-USA, Maroa Farms
Anna Hill Galendez, Diana E. Marin, Trent R. Taylor, Teresa C. Pulaski

Civil court
Jury, Class action
Virkon S, Disinfectant, Virucide
Certify the Named Plaintiffs as representatives of a class of similarly situated persons; Grant declaratory relief that Defendants have violated the rights of named Plaintiffs and similarly situated persons; Award Plaintiffs … all damages available under the AWPA in an amount that is fair, just and reasonable, including but not limited to statutory damages and actual damages for past, present and future medical expenses, wage loss, physical and emotional distress, mental anguish, humiliation...
United States District Court for the Western District, Southern Division of Michigan, United States

A group of migrant farm workers file a class action against Mastronardi Produce-USA for regularly exposing them to Virkon S pesticide without taking adequate precautions. According to the lawsuit, this pesticide, which is a broad-spectrum disinfectant and virucide, is registered with the Environmental Protection Agency (EPA), which provides precautions to be taken when using it, as it does with every hazardous chemical regulated as a pesticide. Under FIFRA, the EPA provides for these types of protections, called WPS (Worker Protection Standarts). In this case, the plaintiffs hold that workers should have have received personal protective equipment. As a consequence of the lack of adequate protective equipment, plaintiffs’ exposure to disinfectant pesticides caused serious medical issues.