TBO.com - Tampa Bay Online
Farmworker Family's Ag-Mart Settlement Amount 'Significant'
Tribune photo by Scott Iskowitz
Francisca Herrera and Abraham Candelario, both of Guerrero, Mexico, settled their lawsuit Wednesday against Ag-Mart claiming work with pesticides led to birth defects in their son Carlos. Carlos was born with abnormalities in his lungs and spine and without arms or legs.
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Published: April 16, 2008
Updated: 04/16/2008 04:57 pm
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TAMPA -- Despite a birth defect that left 3-year-old Carlitos with no legs, no right arm and a short bud for a left arm, other tots at his school gravitate toward his magnanimous personality, his attorney said Wednesday.
When his friends see him, Carlitos points the bud toward them and pretends to fire it like a gun. The kids fall to the ground and laugh, feigning injury in their make-believe war.
Carlitos' migrant worker parents won a significant battle Wednesday in their very real war against a Plant City-based agricultural company.
Francisca Herrera, 20, and Abraham Candelario, 21, settled a lawsuit filed against Ag-Mart Produce, which sells fruits and vegetables under the name Santa Sweets. The couple claims working in Ag-Mart tomato fields and exposure to pesticides caused their boy's defects.
Terms of the settlement have been kept private but the family's attorney, Andrew Yaffa, said the money is "significant." Carlitos will not have to worry about medical care the rest of his life.
"Hopefully, someday, some way through medical research, they will be able to equip him with a wheelchair so he can gain some independence," Yaffa said.
Carlitos' parents said the boy is representative of many more children affected by pesticides, but their families are afraid to come forward. Yaffa credited the family for exposing deplorable conditions in farm work and creating changes that will benefit others for years to come.
Carlitos "represents millions of folks who work in our fields and are exposed to pesticides on a daily basis," Yaffa said. "This child represents change."
Herrera and Candelario picked tomatoes in Immokalee and in North Carolina for Ag-Mart before and after Herrera became pregnant. They filed suit in 2006.
Yaffa said the family and Ag-Mart came to an agreement after a 12-hour mediation meeting March 21. That deal was approved Wednesday by Circuit Judge Charlene Honeywell.
Yaffa asked Honeywell to seal terms of the settlement to protect Carlitos from those who might exploit him, although the settlement dollars are in protected trust funds.
Ag-Mart attorney Keith Wickenden said the company agreed with the closure of settlement information because Carlitos "does not live in the best of neighborhoods" and it would not be good for his financial status to become public knowledge. He declined comment after the hearing.
Yaffa said the pesticides Carlos encountered while he was in the womb were devastating to his body's development. He is just learning to move on his own, although in a severely limited capacity.
His parents will have access to the money to buy a house, buy a car and help him to live a normal life. They cannot touch the money for any purpose that does not immediately benefit Carlitos, Yaffa said.
Carlitos is an outstanding 3-year-old, growing, laughing and talking.
"He's brilliant," Yaffa said.
With Yaffa translating, Herrera said her son is "perfect in every way" with the exception of his physical defect. Caring for their disabled child has been difficult but they are doing the best they can, she said. They were glad their case helped to expose problems.
"His birth brought to light what was happening in the fields," Herrera said in Spanish.
Carlitos was one of three babies born with severe birth defects within a seven-week period. All three mothers worked in the same tomato field and all three lived within 100 yards of one another.
Herrera and Candelario have claimed that Ag-Mart managers did not adhere to seven-day waiting periods after spraying and before sending workers to pick crops. Sometimes, they claimed, workers were sent into the fields the day after spraying. Other times, crops were sprayed with pesticides while workers were in the fields.
Agricultural officials said spot checks found no illegal pesticide residues.
In 2005, North Carolina and Florida hit Ag-Mart with nearly 400 citations and fined the company about $300,000 for pesticide use from 1999 through 2003.
In December, a judge in North Carolina recommended the dismissal of 271 of the pesticide violations. In March, an administrative judge in Tampa threw out almost all of the Florida charges, citing a lack of evidence.
Yaffa said the North Carolina investigation is continuing.
As part of the settlement, Ag-Mart did not have to admit wrongdoing, Yaffa said. He acknowledged, however, that Ag-Mart has changed their pesticide practices. In 2005, company officials said Ag-Mart would discontinue use of five of the six traditional agricultural chemicals known to cause birth defects.
Yaffa said he hoped the company's goodwill would continue.
"If it doesn't," he said, "they are going to be seeing a lot of us."
Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.
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Reader Comments
Posted by ( MyNameIsJob ) on April 16, 2008 at 2:44 p.m. ( Suggest removal )
Oh wow, so a few Americans have lost these jobs, how many more will because of this lawsuit and the other ones this ambulance chaser plans to pursue.
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Posted by ( jelly425 ) on April 16, 2008 at 3:33 p.m. ( Suggest removal )
I feel bad for the kid, but seriously, they're not even American citizens!! But you know what my favorite part is... Look in the background of the picture, are those contaminated tomatoes?? Sure don't want to pick 'em, but they'll bring some home to eat, they're FREE!
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Posted by ( TB ) on April 16, 2008 at 3:53 p.m. ( Suggest removal )
The attorney should pursue more lawsuits. Those pesticides are deady, I know from experience. These poor children will never have a normal life.
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Posted by ( MyNameIsJob ) on April 16, 2008 at 4:06 p.m. ( Suggest removal )
Well, if they were in mexico the poor children would not have this problem would they? I'm sure this kid would much rather live in the conditions over there as opposed to being a torso.
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Posted by ( TB ) on April 16, 2008 at 4:20 p.m. ( Suggest removal )
I understand your feelings about the illegals, I feel the same way, believe me. But these birth defects and other health problems could happen to anybody, that lives and works on these farms and who are exposed to these chemicals, regardless of race or gender. I'm just glad that people are becoming more aware, of the effects of these chemicals.
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Posted by ( frozenbuc ) on April 16, 2008 at 4:35 p.m.
(This comment was removed by the site staff.)
Posted by ( supernanny80 ) on April 16, 2008 at 4:52 p.m. ( Suggest removal )
All of u are a bunch of losers. How can u be so cold blooded and not feel bad a a innocent child that IS an American Citizen. Illegals or not they are humans and you shouldn't be make stupid comments. I bet you wouldn't pick up tomatoes not even for $100/hr. Noone is stealing jobs from you, noone of us AMERICANS would do them anyways.
Look at every intersection and tell me who is asking for money? Isn't it ALWAYS a white man? Get to work you lazy morons. At least illegals are not asking for money for beer like all of you red necks
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Posted by ( Gene39 ) on April 16, 2008 at 4:52 p.m. ( Suggest removal )
I didnt even know people from other countrys would be able to sue me if they wanted wow.....
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Posted by ( sadie5 ) on April 16, 2008 at 5 p.m. ( Suggest removal )
I must have missed where the article said these poor people were illegals. Pretty much everyone here has ancestry tied to a different country or countries. Are you gonna pick that fruit? Do you want that occupation for your kids? The reacton here is sickening . . . . nothing else to be said.
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Posted by ( ZEP ) on April 16, 2008 at 5:13 p.m. ( Suggest removal )
It amazes me, to see some of the comments on here. Are we as Americans, becoming that void to having any sort of empathy for other human beings other than ourselves?
It is sickening. Who cares what color or race these people are. The fact is their child has medical issues that for one are NOT their fault and for two need to be addressed. The money that it will cost them to take care of him would be astronomical for even those who bring home good wages.
Let us not forget these people are human beings as well as their son and let's not be so quick to judge. His parents were probably working their butts off to make the little bit of money they did make and to be out there picking while pregnant to make ends meet - most of us probably can not relate to such deplorable working conditions.
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Posted by ( Native24 ) on April 16, 2008 at 6:26 p.m.
(This comment was removed by the site staff.)
Posted by ( jazzyjtail ) on April 16, 2008 at 6:45 p.m. ( Suggest removal )
What I find particularly interesting about those who jump to call the attorney an "ambulance chaser" is that these are the same people who have never been hurt. When you have a car accident that isn't your fault and the insurance company doesn't feel like paying or your grandmother is abused at a nursing home or you're scammed by unfair trade practices at a car dealership, etc, don't call "an ambulance chaser" just go bankrupt and hope SOMEONE will take care of you.
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Posted by ( unlokit ) on April 16, 2008 at 7:10 p.m. ( Suggest removal )
No one here seems to get it, so let me explain something to you.
Every time you buy a tomato now you'll be helping pay this award. Do you really believe that Ag-Mart is going to eat the award?
Of course not! They're going to pass it on to the consumers. We're all just too damned fat, dumb and happy to realize that we're the ones getting screwed.
The same thing applies to tax hikes. No CEO ever took a pay cut because of a tax hike. He just raised his prices and passed the cost of the tax hike on to us.
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Posted by ( supernanny80 ) on April 16, 2008 at 7:44 p.m. ( Suggest removal )
Native24
Yes, I'm an American PROUD OF IT but I'm also a human being and can not stand racial comments and discrimation.
For your information illegals aliens CAN NOT get foodstamps, welfare, section 8 or any of that. How are they going to do that if they ask you for all kinds of id's and proof of citizenship or a green card.
Some of you keep repeating the stories some idiot told you. Learn the facts first and then speak.
Illegals or not, their baby was born with no legs and only one arm I wouldn't wish that to anyone. Not even my worst enemy.
I prefer an illegal inmigrant than some lazy homeless crack head standing in the corner
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Posted by ( Native24 ) on April 16, 2008 at 8:31 p.m. ( Suggest removal )
It's called beating the system it is done all the time. Unfortunately there are so many apps they do slip through. And I don't recall where I made a racial or descriminated against anyone. Yes there are people that stand on the side of the road and I do not give to them unless it is a Shriner because I know where that money goes to. But to be such a PROUD American you sure don't hesitate to down them if I recall your exact words were "non of us Americans would do those jobs." I feel we should clean up our country first instead of bringing more non americans to support. So I am not repeating stories that someone has told me. Also I agreed that the little boy should be taken care
and that this should not happen to anyone. Not even you. So I do have a heart my I'm not downing all of my fellow Americans like you have. Choose your words wisely.
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Posted by ( jeda ) on April 16, 2008 at 8:49 p.m. ( Suggest removal )
poor mexicans we were not only happy to steal 10 states from them,but now also killing their children,and make them work outside under freezing temperatures while we eat their tomatoes inside a warm nice home,why did we pick on mexicans?Is because they are so close to us?
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Posted by ( goodtimejim ) on April 16, 2008 at 9:56 p.m. ( Suggest removal )
It's hard folk but if the pictures showed me I was going to bring a child into this world like that I would take the other course.
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Posted by ( GF ) on April 16, 2008 at 10:25 p.m. ( Suggest removal )
I'm sure now that other families will be more than willing to come forward to get their lotto winnings.
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Posted by ( ZEP ) on April 17, 2008 at 8:41 a.m. ( Suggest removal )
goodtimejim - that is a personal choice for you. For some people, that is not an option. That kind of comment does not belong here at all - what does it say for all handicapped people? That you don't believe they belong here?
GF-I don't see how you figure that line of thinking at all. -Lotto? They still have to take care of the children that were harmed and live with that fact. I would think they would be looking at it like a light at the end of the tunnel, finally some relief for a financial hardship of the medical bills. Not any other way.
I am sure ALL of them if given a choice would chose to have normal, happy, healthy kids and work for their money than have to win some lawsuit because their child will never have a 'normal' life like other children are able to have. -Anyone that is a normal loving caring parent would understand this and refrain from such hateful comments.
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Posted by ( phillip813 ) on April 17, 2008 at 8:43 a.m. ( Suggest removal )
I have a son who is dating a illegal and know a few they can get food stamps and government help without legal papers
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Posted by ( angryamerican ) on April 17, 2008 at 4:27 p.m. ( Suggest removal )
Some years back my doctors told me that I could no longer work, and after 40 years of working and never being on any type of welfare, I was forced to go that route. It took me almost eight years to get social security to release one dime of what I had faithfully paid in every week of those 40 years. As a child, I worked in the fields. My parents worked in the fields, I have people now that work in the fields. My people are hard-working redneck farmers.
I am deeply sorry for the little baby. For the life he has ahead of him, and the hard job his parents have ahead of them. BUT --
the Mexicans do get food stamps and government help. They also get a lot of our girls pregnant and these girls and their babies are on welfare.
They are here illegally, and it is my opinion that if they are here illegally, then we should LEGALLY, BECAUSE IT IS THE LAW OF THESE UNITED STATES, deport them back to Mexico or whatever country they come from because that is where they belong. If they are caught again then they should do jail time. Come over here to Dover and Plant City and see how the area has been trashed. It looks like a foreign country in some places.
I am not being hateful, I am just stating the truth. They break the law by coming here illegally, then they break more laws while they are here.
I actually have Mexican in my family, so it is not coming from hate. Americans do work in the fields, and I am sick and tired of hearing that remark that they do not and that they refuse to work in the fields. I would even be willing to work in the fields if I was able just to be able to supplement the small amount of social security that I receive.
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