Document 0g7bEBRbb0XmB4QVL15Yg2Jen

^ (T' ACT-.. -p 0184 Jury Awardsjjj 137,500 in Death Due to Paraquat A ' By Laura A. Kiernan '. is vprriict appear* If) hi> the first firm.) Wuhlngton PoHSUtf Writer. ' that there has been a determination in court \ - A U.S. District Court jury awarded $137,-1 t|iat exposure to paraquat has caused disease* V 500 yesterday to the family of a 52-year-old 1 l|Or death.according toTJerald Doppelt, general v Southeast Washingtpn gardener, who con- counsel for the Chevron Chemical Co. of San v tended in a lawsuit brought before his death* Francisco, which was the exclusive distributor ^ that he developed a lung disease as a result of paraquat at the time Ferebee used it.' ^ of exposure to the controversial herbicide "We're disappointed, obviously. Our side paraquat. of the story was that paraquat could not Hie man, Richard L. Ferebee, who tended have caused the illness that Mr. Ferebee experimental grapevines at the Beltsville Ag died from," Doppelt said. ricultural Research Center and used a par Paraquat, a commonly used weed, killer, aquat solution as a weed killer, lapsed into a has been the focus of heated debate over its coma and died in March 1982, one month use in the eradication of marijuana plants. In before his ease first went to trial. 1978 the/federal government, concerned about possible lung damage to marijuana worked ' with the paraquat solution from; users, banned the use of the herbicide on the June 1977 through the summer of 1979. Ac-1* plants, but this year approved the use after cording to Liotta, Ferebee said in videotaped,- the Drug Enforcement Administration ar . .testimony made before his death that during^ gued that it does not cause harin to marijua .the five-month growing,season, he used.'the~ na users, ft has since been used on marijuana ' spray six or Beven times a month. ^ crops in.Florida and Georgia. Liotta said there was evidence that on one. < Ferebee's attorneys, Robert C. Liotta and occasion Ferebee's entire torso was exposed' Nathan I. Finkelstein, contended during the to the herbicide when he was Standing betrial that Fe*rebee had absorbed the paraquat hind a tractor using a hose attached to a, through his skin, particularly -through his tankful of a paraquat solution, and on an-' hands, when he ysed his hands as a shield to other occasion when the hose on a hand-held, protect healthy vines from the-solution'he . paraquat sprayer broke, soaking his pants; sprayed on the weeds. t legs and shoes with the herbicide. :, -,>-* , According to evidence in the case, Ferebee ; i See VERDICT, B5, Col, I *; ,t* j>:< f vv w VERDICT, From B1 K - Chevron argued that Ferebee did^ ( hot wear protective clothing when n Ilining the herbicide, aa directed on I the label. / The paraquat involved in the Ferebee case, known as "Ortho Par- 'Squat CL," is sold as a concentrate; 'in gallon jugs. According to Liotta,' the spray solution mixed by Ferebee ; 'contained 0.5 percent paraquat, the Standard agricultural level and sub-: fitanially above the paraquat level, 'found in weed killers available to consumers. "There is nothing on the [general) market that is remotely close to it," said Doppelt, who added that paraquat concentrate is only hvailnblo for professional uso. **lI3otta said that since 1978 the federal government has prohibited Ihe'sale of paraquat concentrate to anyone other than certified profes-: Jiotial users. ^. According to, Liotta and Finkel- stflifi, Ferebee begap experiencing, shortness of breath and coughing iij 3977, and by 1979 always felt con gested, as if he had a constant cold. Ferebee retired on disability in 1979 from the research center, where he lukl worked Bince 1966, the attorneys fcaidi 'v . yesterday was reached after a 10-day. Tflfeter, his treating pKysiciarfand retrial and about five hours of de- Jin expert from the National Instw ' i liberation. tutcb of Health, both of whom tes-^ Of the damages awarded by the tjfied at the trial before Judge Louis )! i jury yesterday, $77,500 will go to F-i Oberdorfer, diagnosed Ferebee's ' Ferebee's three minor children, who Illness as pulmonary fibrosis, a dis- pare 14, 15, and IS years.old, for the base, that causes scarring of the .. loss of their father's financial sup- jflngs' air sacs, Liotta said. He said fport and companionship. The re- Ihat1 the doctors ' concluded that 1 C maining $60,000 will be paid to Ferebee's illness was caused by-ex-") Ferebee's estate. to cover medical pojsure to paraquat f and hospital bills and the cost of his f.{i The first trial in the Ferebee case'J" funeral, with any money left Over to Jndfed in a mistrial after the jury be 'shared by his heirs. s?id,- it was deadlocked 11 to 1 in In September, a Florida gardener Ferebfee's favor, attorneys said. who had accidentally inhaled and The verdict by the second' jury swallowed paraquat and destroyed his lungs,, underwent a rare lung 1 transplant. Ho romainod. in critical . condition yesterday. T> 13 ~0 O 35 o m o m oo < rn D c O O) 3D O m 3D o