Donna Castillo's life changed forever in November 1989, when a tractor in a South Florida field drenched the pregnant woman and her infant daughter with an agricultural chemical.
The chemical was Benlate 50 DF, a controversial fungicide, manufactured by Dupont.
Castillo and her husband claimed Benlate was responsible for her son John being born in June 1990 with a severe birth defect known as microphthalmia. Microphthalmia means small eyes but John was born with no discernible eyes -- he had sockets with small cysts where his eyes should have been.
Although DuPont has been involved in litigation over Benlate for several years, previous cases involved claims that the fungicide caused damage to crops and soil. This was the first personal injury case to go to trial, and the first to allege a birth defect due to prenatal exposure to Benlate.
While the Castillos saw this as a case of strict liability and negligence, DuPont and Pine Island Farms, whose tractor sprayed Castillo, saw the case as a battle over what they considered to be junk science. The defendants claimed there was no evidence that Castillo was exposed to Benlate, and, more importantly, no credible evidence that Benlate exposure results in birth defects.
Verdict
On June 7, 1996, the jury returned a verdict of $4 million against the defendants. DuPont was found 99.5 percent responsible and Pine Island Farms 0.5 percent responsible. This meant DuPont must pay $3,980,000 while the farm must pay $20,000. The jury found both defendants negligent and that DuPont put a defective product on the market. The jury awarded damages only to John Castillo. He received $2 million in future damages for medical expenses and lost earning ability and $2 million for pain and suffering. The jury did not award damages to his parents.
