High Opt-Out Rates Complicate Illinois Paraquat Litigation as Participation in Settlements Declines

During a recent teleconference, U.S. District Judge Nancy Rosenstengel, overseeing the paraquat multidistrict litigation (MDL) in the Southern District of Illinois, expressed significant concerns regarding the high opt-out rates among clients of DiCello Levitt LLP. The firm, led by attorney Mark DiCello, represents numerous plaintiffs alleging that exposure to the herbicide paraquat led to the development of Parkinson’s disease.

Judge Rosenstengel highlighted that all of DiCello Levitt’s clients had declined participation in a proposed settlement agreement. This trend is not isolated; other firms, such as The Smith Law Firm PLLC and the Nachawati Law Group, have also reported high opt-out rates among their clients. Specifically, over 90% of clients from The Smith Law Firm and more than 80% from the Nachawati Law Group have chosen not to accept settlement offers. In response, the court has initiated limited discovery on a random selection of these opt-out cases to better understand the underlying reasons for these decisions. ([ilsd.uscourts.gov](https://www.ilsd.uscourts.gov/sites/ilsd/files/ParaquatOrder6-2-2026.pdf?utm_source=openai))

The paraquat MDL has seen substantial growth, with the number of cases increasing from 482 in early 2022 to over 6,600 by August 2026. This surge reflects the mounting concerns over paraquat’s alleged link to Parkinson’s disease. ([drugwatch.com](https://www.drugwatch.com/paraquat/lawsuits/?utm_source=openai))

DiCello Levitt LLP has been actively involved in the paraquat litigation, representing hundreds of clients who claim that manufacturers like Syngenta and Chevron failed to warn about the herbicide’s potential neurological risks. The firm has emphasized its commitment to seeking justice for those affected by paraquat exposure. ([dicellolevitt.com](https://dicellolevitt.com/case-study/paraquat-herbicide-and-parkinsons-disease-case-study/?utm_source=openai))

As the litigation progresses, the court’s focus on understanding the high opt-out rates underscores the complexities involved in mass tort settlements and the importance of ensuring that plaintiffs are making informed decisions regarding their participation in settlement agreements.