In a 2007 jury trial before Los Angeles County Superior Court Judge Victoria G. Chaney, Dole lost and was ordered to pay $1.58 million to four of the dozen Nicaraguans claiming injury in that case, several of whom are depicted in Gertten’s film. Dole is appealing that case.Then this spring, in a dramatic reversal of events, Chaney threw out two other lawsuits against Dole after being presented by Dole investigators with evidence gathered from Nicaraguans who said that they had been recruited and coached by lawyers, outfitted with false work histories and falsified medical lab reports, and promised payouts to pose as pesticide victims.
Dole acknowledges that it used a devastating pesticide (called DBCP and known by friends as “nemagon”) in banana planations in Nicaragua, the Philippines, Honduras, the Ivory Coast, Costa Rica, and other banana-growing countries, and that that pesticide in all likelihood caused sterility in thousands of male banana plantation workers, miscarriages in women, and other serious health effects back into the mid-seventies…..Dow Chemical, the producer of DBCP, said it wouldn’t sell the pesticide to Dole anymore because the chemical was too dangerous, or the fact that Dole threatened Dow Chemical with a breach-of-contract lawsuit if it didn’t keep selling the chemical to the fruit company (from the book Banana by Dan Koeppel). It also ignores the fact that Dole has settled quite a few of these farm worker cases out of court.
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