Julius Provost died at 6 months old for 'undetermined' causes. His mother Sharon believes the cause was the benzene emissions for the BP refinery a mile away from their home. In the wake of the biggest oil-spill our nation has ever seen, and the most devestating environmental catastrophe most of us will see in a lifetime, BP, who hoped to be out of the spotlight once wells were capped, finds themselves in hot water yet again. BP’s Texas city oil refinery is guilty of a 40 day release of Benzene in April and May that has allegedly claimed the life of 6 month old Julius Provost.
His mother, Sharon, is suing BP for Wrongful Death, explaining that that in his short life, Julius suffered. Doctors couldn’t explain or cure his ongoing symptoms; nausea, runny nose, mucus in his eyes, and difficulty breathing.
Sharon’s lawsuit is just one in a string of lawsuits resulting from the Benzene release. The suits call for BP to pay $10 million in punitive damages. Sharon’s wrongful death suit claims that the case demonstrates “the human suffering caused when the drive for corporate profits is more valued than the safety and lives of people.”
Just last week, BP agreed to pay a $50 million fine for not correcting safety hazards at the Texes refinery that caused in explosion in 2005 which took the lived of 15 workers. They are contesting another $30 million in additional penalties.
Mininno Law Office Wrongful Death Attorneys in NJ and PA
Sharon lost the joy of being a mother, and Julius lost his life, due to BP’s alleged negligence and indifference towards citizens surrounding their plant. If you are suffering the loss of a loved one, and you believe their death could have been avoided, contact the Mininno Law Office.
Our NJ and PA Wrongful Death Attorneys are here to help you through this difficult time, and to recover any necessary damages. Let us get you the compensation you deserve. Contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.
BP caps well and for the first time in 3 months, oil has ceased to flow into the gulf. Three months after an explosion on the Deepwater Horizon rig caused the most disastrous oil-spill in U.S. history, BP is monitoring the integrity of a cap that was placed atop their undersea well last Thursday, July 15th. The current success of the cap to stop the flow of oil marks the first time since April 20th that the gushing of crude oil from the well has been haulted. Three months worth of oil gushing from the well into the gulf of Mexico, estimated to amount to hundreds of millions of gallons, has certainly taken a toll on the marine life, the coast, and the businesses in the area, not to mention the injury and death incurred by the explosion on the Transocean rig.
But the biggest concern now is whether or not the cap is actually working as well as we hope it is. Issues regarding whether or not oil and gas are leaking from other underwater release points have surfaced, and BP gets 24 hours to monitor the true integrity of the cap.
Meanwhile, the government is considering extreme changes to current maritme laws capping product liability costs to BP and Transocean, and restricting recoveries to those who have been affected by the gargantuan disaster.
On July 1, 2010, the U.S. House of Representatives passed the Securing Protections of the Injured from Limitations on Liability (SPILL Act). The act was sponsored by Rep. John Conyers (D-Mich.), and co-sponsored by Charlie Melancon (D-La.). According to Melancon:
“When it comes to compensating victim’s families, current laws are inconsistent, lax and encourage companies to take risks—gambling with the lives of workers in the process.”
Supporters of the SPILL Act claim that it will:
Allow families of deceased victims to recover for pain and suffering. The Act will amend The Death on the High Seas Act (DOHSA) and the Jones Act, both dating back to 1920, which currently prevent victims from claiming for non-pecuniary damages. The passage of the act will allow claimants to recover for pain and suffering, and loss of care, comfort, and companionship.
Repeal the Limitation on Liabilities Act (LOLA, of 1851), which limits the liability of vessel owners ( in this case, Transocean), to only the cost of their vessel and its cargo at the time of the accident.
Keep responsible parties from using bankruptcy as a way to avoid compensating those injured by the disaster.
Apply changes to pending and future claims.
Families of victims that were killed or injured in the explosion have obviously voiced their support for the SPILL Act. On July 13th, the proposal was passed on to the Senate, who read it and passed it on to The Committee on Commerce, Science, and Transportation.
Product Liabilty and the Minnno Law Office
Fears that BP will escape sufficient liability when it comes to compensating victims of this monstrous tragedy are real and well founded. The passage of the SPILL Act will certainly do great things for the recovery efforts of victims and their families. Manufacturers and responsible parties should never be able to skirt their duties of compensation.
If you or a loved one have been injured by a defective product, the product liability attorneys at the Mininno Law Office will work ’round-the-clock to help you get the money you deserve. Act now if you are suffering injury or loss to the negligence of a manufacturer. Contact the Mininno Law Office for a free case evaluation, or call us at (856) 833-0600 in New Jersey, or (215) 567-2380in Philadelphia.
BP's defective well on the Transocean rig, Deepwater Horizon, causes an explosion that kills 11 people and causes the worst oil spill in US history. Defective products are dangerous and potentially life threatening products that have either been designed, manufactured, or tested poorly or inadequately. Many deaths have resulted from defective products; products like cribs, toys, cars, and even clothing. Manufacturers of defective products that cause injury or death must be held accountable, which is why BP finds themselves in even hotter water. It’s been reported that BP’s negligence and desire to save money at the expense of thoroughness and safety directly resulted in the explosion on the Transocean rig “Deepwater Horizon,” which killed 11 workers and caused the biggest oil spill in United States history. They cut corners in 5 essential areas of preparation to save time and money.
However their shortcuts ended up proving more costly, time consuming, and above all, deadly. Lawmakers have faulted BP’s design of the oil well, the process they used to prepare a hole that was to be capped, their decision to skip testing the integrity of a very important cement sealer, the use of mud to clear gas from the well, and elimination of a final step to seal the well.
5 Areas of Defectiveness
Well Design
Five days prior to the blast, there was about 1200 feet of well that needed to be secured. The correct method for securing the remainder of the well would have been a tieback liner. This method would provide multiple barriers that would block the flow of gas that could trigger an explosion. BP decided that this method would be too costly and time consuming. Instead they used a “long string casing” (a single steel liner) that saved them at least 3 days and 7-10 million dollars. The casing was sealed in only two places, and did not provide the same protection against explosions that the proper method would have.
Centering the Casing
Centering the well casing reduces the risk of channel formation that could allow gas to flow up the well. On April 15th, BP informed Halliburton that they would use 6 “centralizers” on the well, when Halliburtons records showed that 21 “centralizers” were actually necessary. Objections were raised, but BP acted on none of them. On April 18th, a Halliburton account representative by the name of Jesse Gagliano reported that “the well is considered to have a severe gas flow problem.”
Cement Bond
The cement bond log is a test to assess the integrity of the seal. BP skipped this test prior to the explosion. Lawmakers said that skipping the test “may have been driven by concerns about expense and time,”. Conducting the test would have cost $128,000, while canceling the work was about $10,000, the lawmakers said.
Gordon Aaker, a failure analysis consultant with Engineering Services LLP in Houston, said it was “unheard of” not to conduct the test and called BP’s decision “horribly negligent.”
Mud Circulation
A widely used and recommended practice is to fill a well with weighted mud during the drilling process before cementing. This process takes about 12 hours and allows workers to check for gas leaks and eliminates debris. BP also decided to eliminate this step.
Lockdown Sleeve
A Lockdown Sleeve is a piece of equipment that holds the well’s casing in place. It works to prevent the casing from floating above the head of the well and letting gases build up. Both Transocean and Halliburton have stated that eliminating this step was a key procedural mistake on BP’s part.
Have You Been Affected by a Defective Product?
These five major errors have caused great loss to our gulf coast and to the families of the 11 workers that died in the blast. All of it so that BP could save some money. If you or a loved one have been injured by a defective product, don’t let the manufacturer get away with their negligence. Contact us for a free case evaluation, or call us for a free consultation, at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.
Gordon Jones, a 28 year old engineer, was killed in the blast on the Transocean rig, Deepwater Horizon, that caused the horrendous BP oil-spill . Jones left behind a widow, a toddler, and an infant.
Who Will Pay for Deadly Defects?
Unfortunately, laws that are currently in place could prove very detrimental to recovery attempts made by Jones’ family, as well as other injured victims on the rig. The Death on the High Seas Act
(DOHSA), one of the reasons payouts may be insufficient, was ammended in 2000 to help victims of TWA flight 800, but those protections were not also applied to those killed on vessels like the Deepwater Horizon. BP’s liability is, at this time, very limited, because of the DOHSA. Also limiting the liability of BP and Transocean are the Oil Pollution Act (OPA), and the Limitation of Liability Act (LOLA).
The OPA caps BP’s liability at 75 million dollars. That amount won’t even scrape the surface of the cost to Gulf Coast homeowners and businessowners. Transocean is using LOLA to limit their liability costs to just 27 million, as LOLA allows them to claim only responsibility for their destroyed rig. The law was passed in 1851 to protect owners who did not have control of their own vessels, but seems irrelevant today, when insurance and communication are no longer a problem.
President of the American Association for Justice, Anthony Tarricone, had this to say about the situation surrounding BP and Transocean’s liability:“Unless these laws are amended, BP can look forward to significant immunity, while the families of the workers killed and injured by the original explosion, as well as shrimpers, oystermen, fishermen, hotels, and restaurants, will face an uphill battle for justice.”
Has a Defective Product Affected You?
We here at the Mininno Law Office are grealty troubled by the effects of the oil spill on the gulf coast, it’s wildlife, and the surrounding homes, and places of business. That is why we firmly believe that BP and Transocean should not be able to make it out of this without compsenating correctly those who have been affected. If you have been affected by any sort of defective product, the attorneys at the Mininno Law Office are here to help. Manufacturers must always be held liable for their products. Contact us for a free case evaluation, or call us at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.
Gordon Jones, a 28 year old engineer, was killed in the blast on the Transocean rig, Deepwater Horizon, that caused the horrendous BP oil-spill . Jones left behind a widow, a toddler, and an infant.