When the catastrophic explosion aboard BP’s Deepwater Horizon rig spewed 134 million gallons of crude into the Gulf of Mexico, tens of thousands of ordinary Americans answered the call to clean up the colossal environmental disaster. They risked their health and well-being to mitigate the devastation wrought by the largest offshore spill in U.S. history.
Illness and Exposure
As cleanup workers toiled along oil-soaked shorelines and chemical dispersal agents blanketed the air, they faced grave exposure to crude and Corexit, a substance that has since been linked to lung damage. Dr. Veena Antony, a respected pulmonary specialist, described the insidious nature of Corexit’s effects, warning that it can scar airways and make breathing increasingly difficult.
A Settlement Betrayed
Two years after the disaster, BP agreed to a medical claims settlement with victims, promising easy reimbursement for illnesses linked to the spill. However, the agreement, hailed as an “extraordinary achievement,” has fallen far short of expectations.
Most workers received a paltry ,300 payout, while only 40 out of 23,000 approved claims received the maximum compensation of ,700. The vast majority of workers and coastal residents have received only a fraction of the billions BP has allocated for restitution. Compounding the dismay, many workers with serious illnesses were forced to pursue lawsuits.
Legal Obstacles
Workers seeking legal redress have faced an insurmountable hurdle. Federal judges have required an extremely high burden of proof, demanding specific evidence of exposure levels that experts maintain is impossible to gather. This onerous standard has effectively dismissed all but a handful of the 4,800 lawsuits seeking compensation.
Suspicious Tactics
Some law firms have come under fire for mishandling medical claims. The Nations Law Firm, which represented thousands of workers, was accused of manufacturing medical diagnoses. As a result, BP seized upon the argument that the firm’s cases were fraudulent, leading to numerous case dismissals.
Expert Witnesses Silenced
Workers’ expert witnesses have faced skepticism from judges. Courts have rejected their testimony as unreliable, making it nearly impossible to meet the high burden of proof. Even Dr. Jerald Cook, a highly qualified expert on occupational and environmental medicine, has been repeatedly dismissed despite his comprehensive understanding of the science.
Looking Ahead
Despite the daunting challenges, some law firms remain determined to hold BP accountable. The Downs Law Group is pursuing appeals in federal circuit courts, arguing that district judges have misinterpreted the level of proof required in toxic exposure cases.
Dr. Sandler, the NIH epidemiologist, believes that the high burden of proof demanded by judges ultimately means that “people can’t win.” She emphasizes that from a public health perspective, she has no doubt that the BP oil spill has caused illness.
The story of the Deepwater Horizon oil spill workers serves as a somber reminder of the extreme difficulty and obstacles faced by victims exposed to hazardous substances. As the fight for justice continues, it is imperative to demand that the true costs of industrial disasters are fully accounted for and that victims receive the compensation and support they deserve.
