Last month, a Louisiana federal judge concluded that the 2012 medical benefits settlement for victims affected by the BP oil spill did not preclude claimants from filing back-end litigation, which enables any issues related to medical/physical conditions that manifested after April 2012 to be heard by a jury.
The April 2012 BP settlement agreement had been finalized with respect to the medical benefits litigation over the incident of the oil rig leased by BP off the coast of Louisiana exploding in April 2010, whereby 11 workers were killed and many others injured after the oil leaked into the Gulf of Mexico for months.
Later-Manifested Physical Conditions
It is crucial that any claimants who could have developed cancer or other long-term ailments be able to prove their case in court. Many of these conditions do not develop for years, and some people do not visit doctors immediately, especially if they do not have health insurance. By being forced to waive any rights to sue in return for submitting a claim, BP tried to place many of those affected by the BP oil spill in a difficult place, where individuals suffering from acute or chronic conditions related to the spill could potentially be left without any right to seek a remedy.
As part of the settlement, the Back-End Litigation Option was intended to provide a means for injured victims to ensure that any medical issues that result from someone’s negligence are addressed even if they take more time to develop (also known as a “Later-Manifested Physical Condition”). For BP, this likely means that there will be thousands of jury trials regarding potential personal injury claims. Although many of the cleanup workers after the oil spill released some claims for exposure-related injuries through the BP medical settlement, claims for conditions that manifest at a later date were generally exempt from the settlement. This also includes residents that live in particular “zones” in relation to the oil spill and could have been affected, but who signed the settlement agreement.
Under the Back-End Litigation Option process, someone who develops a Later-Manifested Physical Condition and does not choose to pursue workers’ compensation benefits for that condition is entitled to file suit against BP for that condition in the United States District Court for the Eastern District of Louisiana, provided that he or she complies with certain procedures and requirements set out in the Settlement.
Some of the medical issues that appeared soon after the BP oil spill included breathing problems, skin rashes, and eye damage, some of which developed into chronic issues. Although BP originally set the deadline of April 16, 2012 to be diagnosed with a condition as part of the settlement, it did not close the doors to claimants to later prove their diagnosis in court. Many felt that cleanup workers, in particular, were promised pay related to claims with specific symptoms, regardless of the date of diagnosis.
Legal Representation in Toxic and Chemical Exposure Cases
Harrell & Nowak represents people who have been injured by the pollution and release of toxic chemicals in the air, soil, and water. These releases can be from explosions, leaks, spills, or fires. We have recovered millions of dollars in settlements and verdicts on behalf of clients. If you have fallen ill because of toxic chemical exposure, contact the lawyers at our New Orleans firm, also serving Metairie, Kenner, and nearby communities.