LAUREN SWANSON—First it was Swine Flu. Then Ebola. Now Zika. Americans are not new to media creating substantially more fear than necessary when it comes to global health scares. Due to these scare tactics, Americans are usually ready to accept any protective measures to protect themselves. However, this time, instead of embracing the state’s efforts to do whatever it takes to get rid of the current health scare, Miami Beach residents are concerned that the state’s efforts may be doing more harm than good.
Zika is somewhat of a mystery to medical researchers. Therefore, it does not come as a surprise that there currently exists a spectrum of opposing opinions about how harmful the virus really is to the majority of the population. But one thing is for certain – Zika can cause neurological damage to the unborn fetus, including the birth defect microcephaly and Guillain-Barré, an autoimmune disorder that attacks the nervous system. Thus, pregnant women are the group most advised to protect themselves from Zika-carrying mosquitos.
In an extreme reaction to the potential effects of Zika on pregnant women, Florida has begun an aerial spraying campaign that involves using a chemical called naled to mist the areas from planes 100 feet off the ground. Naled is a pesticide that has been banned in the European Union since 2005 due to its “unacceptable risk.” Mild exposure to the vapor and fumes of naled has the potential to cause nausea, vomiting, diarrhea, abdominal cramps, headache, dizziness, eye pain, blurred vision, constriction or dilation of the eye pupils, tears, salivation, sweating, and confusion. In severe cases, naled can affect the central nervous system, leading to incoordination, slurred speech, loss of reflexes, weakness, fatigue, involuntary muscle contractions, twitching, tremors of the tongue or eyelids, and eventually paralysis of the body extremities and the respiratory muscles. Additionally, the pesticide kills insects like dragonflies, which are important because they eat mosquitos, bees, birds, and fish.
Miami Beach residents did not react well to the city’s protective efforts. Recently, protesters were seen wearing signs that said “The Cure is Worse than the Disease” while protesting outside the city hall. If the city does not stop the spraying, it may be opening itself up to the potential of many lawsuits. In fact, the mayor of Puerto Rico has recently filed a lawsuit to stop the Centers for Disease and Control (CDC) from spraying naled on his country. His complaint outlined the potential damaging effects the toxic chemical can have on an individual. The complaint “states that the CDC and other defendants named in the action have failed to carry out any ‘tests, methodological studies to determine and mitigate the long term harm’ and that the “waters, human and wildlife will suffer if naled is indiscriminately used as pretended by the CDC and the other defendants.’”
Miami Beach residents who experience symptoms such as those listed above may soon be following in the Puerto Rican mayor’s footsteps by bringing actions against the city for compensatory damages or an injunction to stop the spraying all together. Take, as an example, Ms. Stanley, a resident of Summerville, South Carolina, who was devastated to wake up and find her two million bees dead and her business in shambles after the county conducted a 15-mile spraying of naled. There is no doubt Ms. Stanley is going to be going after the city of Summerville in an effort to be reimbursed for her losses.
What makes all of this so interesting is the fact that “some studies have shown that the family of chemicals naled belongs to can harm a growing fetus—which means the county could be harming the very same pregnant residents it’s trying to protect.” Thus, pregnant women could go as far as trying to hold Miami Beach liable for a wrongful death if they suffer a miscarriage.
Instead of opening itself up to liability by using a protective measure that has an unknown success rate, and may even have a detrimental effect on both the environment and humans, including the one group the spraying is designed to protect against, the city of Miami Beach should follow in Puerto Rico’s footsteps in ceasing the spraying of pesticide. The city cannot ignore the availability of safe self-help measures, such as staying inside, using bug spray, or simply avoiding the area. Otherwise, Miami Beach may ironically be sued for its efforts to help.
