FRESNO - A husband and wife are suing a farm that allegedly exposed them to pesticides, causing their son to be born disabled.
Miriam del Carmen Ruiz de Santana and Samuel Santana Perez, parents of S.S. Jr., a minor, filed a complaint on May 17 in Fresno Superior Court against Corteva Inc., Dow Chemical Company, Freitas Farms of Fresno, Inc., BNB Farms, Inc., and Pestorich Holdings, LLC. for negligence, failure to warn and design defect.
According to the complaint, Samuel Sr. and Miriam's son was allegedly exposed to chlorpyrifos and chlorpyrifos oxon while in utero. Samuel Sr. and Miriam allege that in 2011, Freitas Farms applied 725 pounds of chlorpyrifos by ground application within a two-mile radius of their home. Dow Chemical Company and Corteva Inc., now Dow AgroSciences produced the pesticides, the suit says.
In addition to Freitas Farms, Samuel Sr. and Miriam allege that BNB Farms applied 286 pounds of chlorpyrifos by aerial and ground applications and Pestorich Holdings applied 104 pounds of chlorpyrifos by aerial application within two miles of their home in 2013 and 2014.
Samuel Sr. and Miriam allege that their son was born and by age two was showing had developmental problems, including gait issues that increased delays in walking and deficits in attention, cognition, language skills, fine motor skills, and social skills. Samuel Sr. and Miriam allege that while in utero and within the first three years of life, their son was exposed to chlorpyrifos and chlorpyrifos oxon continuously to this day which is the direct result of disabilities.
Samuel Sr. and Miriam allege that all companies involved failed to warn residents in the area about the exposure and harmful effects it could cause.
Samuel Sr. and Miriam seek l compensatory damages for the past and future medical expenses and special needs and care for their son, damages for loss of consortium, mental anguish, and sorrow suffered and punitive damages for the willful, reckless, and recklessly indifferent conduct. Samuel Sr. and Miriam are represented by Patricia N. Syverson of Bonnet Fairbourn Friedman and Balint P.C.