Academic

Settlement in lawsuit over boy without arms and legs

Carlitos' mother said that pesticides sprayed in adjacent Ag-Mart fields drifted and reached her and other workers. She also said she was forced to work in freshly sprayed fields and had suffered sore throat, burning eyes and headaches from the chemicals.

Ag-Mart has steadfastly disputed the claims.

Two former tomato pickers who said their son was born without arms and legs because of the misuse of dangerous pesticides in farm fields by the Florida produce company, Ag-Mart, have settled their lawsuit.

Carlos Candelario Herrera, known as "Carlitos," was born Dec. 17, 2004. His mother, Francisca Herrera, had worked in Ag-Mart fields during her pregnancy.

"Any care this child will require over the course of his lifetime will be provided by the settlement in this case," he said the parents' attorney, Andrew Yaffa.

Because of a confidentiality agreement, Yaffa said he could not reveal the amount that Ag-Mart had agreed to pay the parents. The suit sought damages for medical and hospital costs, lifetime care costs, disability, disfigurement, pain and suffering and mental anguish. In earlier statements, Yaffa had said that would run into millions of dollars.

Ag-Mart is based in Plant City and markets SantaSweet and Ugly Ripe tomatoes. It is owned by Procacci Brothers of Pennsylvania, which is believed to be the largest produce company in the nation.

Read the Palm Beach Post report here. For previous posts and more information, click on the word "Carlitos" in the 13th juror deli.ci.ous tags in the right-hand column.

Full post as published by the 13th juror on March 25, 2008 (boomark / email).