Independent Investigative Journalism and Commentary from New Orleans, LA
This doesn't surprise me at all. Issues of "medical causation" are some of the most complex that a lawyer (and/or a physician) can face in a "medical/legal" context. Causation issues in cases involving dermatological or respiratory ailments can be particularly complicated, especially when the patient is something other than a "rocket scientist" and may have difficulty articulating a definite timeline for hydrocarbon or chemical exposure, and manifestation of illness or disease, and when the services of a physician were first sought. I'd also bet that the claimants do not have the resources to run to the doctor on a weekly, or even on a monthly basis, which is necessary to establish a documented "history" of the case. Further complicating things is the fact that the majority of claimants are unrepresented by counsel, and for those who are represented, the reluctance of lawyers to fund complex medical investigations which may lead nowhere. Add to that the fact that physicians tend to treat conditions, after exposure to whatever may have caused the condition has been abated, and that they may not focus on medical/legal causation issues unless specifically asked to do so, and an agreement is in place for them to for such forensic services, coupled with a "guarantor's" ability to pay. So this doesn't surprise me at all. Ashton O'Dwyer.
Case 2:10-md-02179-CJB-SS Document 6427-1 Filed 05/03/12 Page 5 of 201C. The MEDICAL BENEFITS CLASS REPRESENTATIVES believes that they would prevail if their claims were litigated to a conclusion.D. BP denies the MEDICAL BENEFITS CLASS REPRESENTATIVES’ allegations and has raised various legal, affirmative, and other defenses. BP denies any liability to the MEDICAL BENEFITS CLASS REPRESENTATIVES, the MEDICAL BENEFITS SETTLEMENT CLASS, and any MEDICAL BENEFITS SETTLEMENT CLASS MEMBER for any claims, causes of action, costs, expenses, attorneys’ fees, or damages of any kind, and believes that it would prevail if such claims were litigated to a conclusion.E. The PARTIES have engaged in, and continue to engage in, substantial discovery and fact gathering to evaluate the merits of the MEDICAL BENEFITS CLASS REPRESENTATIVES’ claims and BP’S defenses.F. After careful consideration, the MEDICAL BENEFITS CLASSREPRESENTATIVES and MEDICAL BENEFITS CLASS COUNSEL have concluded that it is in the best interests of the MEDICAL BENEFITS CLASS REPRESENTATIVES and the MEDICAL BENEFITS SETTLEMENT CLASS to compromise and settle all RELEASED CLAIMS asserted by the MEDICAL BENEFITS SETTLEMENT CLASS against the RELEASED PARTIES in consideration of the terms and benefits of this MEDICAL SETTLEMENT AGREEMENT.G. BP has concluded, in light of the costs, risks, burden, and delay of litigation, that this MEDICAL BENEFITS CLASS ACTION SETTLEMENT in this complex putative class action litigation is appropriate. In this regard, BP and BP’S COUNSEL agree that this settlement is a fair, reasonable, and adequate resolution of the RELEASED CLAIMS.Signed by your class counsel James Parkerson Roy and Stephen J. Herman.After careful consideration they concluded that the settlement was in the their best interest WHAT YOUR GOING TO PAY US 600 MILLION FOR SELLING THIS DEAL.
BP has concluded, in light of the costs, risks, burden, and delay of litigation, that this MEDICAL BENEFITS CLASS ACTION SETTLEMENT was fair, reasonable and adequate. If you didn’t opt out you have falling in to our trap and discharged all liability against this short list of company’s complements of your local PSC.Case 2:10-md-02179-CJB-SS Document 6427-1 Filed 05/03/12 Page 106 of 201XVI RELEASE“On behalf of any MEDICAL BENEFITS SETTLEMENT CLASS MEMBER, shall release and forever discharge the RELEASED PARTIES from any liability for all claims of any nature whatsoever in law or in equity, past and present, and whether known or unknown, suspected or claimed, relating to or arising under any federal, state, local, or international statute, regulation, or law (including admiralty claims, claims under maritime law, codal law, adjudication, quasi-adjudication, tort claims, contract claims, actions, causes of action, declaratory judgment actions, cross-claims, counterclaims, third-party claims, demands, and claims for damages, compensatory damages, liquidated damages, punitive damages, exemplary damages, multiple damages, and other non compensatory damages or penalties of any kind, fines, equitable relief, injunctive relief, conditional or other payments or interest of any type, debts, liens, costs, expenses and/or attorneys fees, interest, or liabilities) that have been or could have been brought in connection with:”Case 2:10-md-02179-CJB-SS Document 6427-8 Filed 05/03/12 Page 2 of 6Exhibit 6Abdon Callais Offshore, Inc.Admiral Robert J Papp Jr.Admiral Thad AllenAdmiral Towing, LLCAerotek, Inc.Airborne Support, Inc.Airborne Support International, Inc.Alford Safety Services Inc.Alford Services Inc.Ameri-Force, Inc.Ameri-Force Craft Services, Inc.American Pollution Control CorporationAnadarko Petroleum CompanyAnadarko Petroleum CorporationAnadarko E&P Company LPApex Environmental Services, LLCArt Catering, Inc.Ashland Services, LLCB&B Environmental Services, Inc.Belle Chasse Marine Transportation, Inc.BJ Services Company, USABlue Marlin Services of Acadiana, LLCBobby Lynn's Marina, Inc.BP America Inc.BP America Production CompanyPage 1
Page 2BP Company North America Inc.BP Corporation North America Inc.BP Energy CompanyBP Exploration (Alaska) Inc.BP Global Special Products (Americas) Inc.BP Holdings North America LimitedBP Exploration & Production Inc.BP p.l.c.BP Products North America Inc.BP International Ltd.BP Corporation North America Inc. Savings Plan Investment Oversight CommitteeBrett CocalesBrian MorelCabildo Services, LLCCabildo Staffing, LLCCahaba Disaster Recovery LLCCal Dive International, Inc.Cameron CorporationCameron International CorporationCameron International Corporation f/k/a Cooper Cameron CorporationCameron International Corporation d/b/a/ Cameron Systems CorporationCenter for Toxicology and Environmental Health L.L.C.Chill Boats L.L.C.Chouest Shorebase Services, LLCClean Harbors, Inc.Clean Tank LLCClean Tank Inc.Core Industries, Inc.Core 4 Kebawk, LLCCrossmar, Inc.Crowder/Gulf Joint VentureCrowder Gulf Disaster RecoveryDanos and Curole Marine Contractors, LLCDanos & Curole Staffing, L.L.C.David SimsDeepwater Horizon Oil Spill TrustDiamond Offshore CompanyDOF Subsea USA, Inc.Don J. VidrineDRC Emergency Services, LLCDRC Marine, LLCDRC Recovery Services, LLCDril-Quip, Inc.Dynamic Aviation Group, Inc.Eastern Research Group, Inc.Environmental Standards, Inc.Environmental Safety & Health Consulting ServicesEnvironmental Safety & Health Environmental ServicesES&H, Inc.ESIS, Inc.Exponent, Inc.Faucheaux Brothers Airboat Services, Inc.Global Diving & Salvage, Inc.Global Employment Services, Inc.Global Fabrication, LLCGlobal Marine International, Inc.
Page 3Graham Gulf Inc.Grand Isle Shipyard Inc.Gregg WalzGuilbeau Marine, Inc.Guilbeau Boat Rentals, LLCGulfmark Offshore, Inc.Gulf Offshore Logistics, LLCGulf Offshore Logistics International, LLCGulf Services Industrial, LLCHEPACO, Inc.Hilcorp Energy CompanyHyundai Heavy Industries Co. Ltd, Inc.Hyundai Motor CompanyI-Transit Response, L.L.CInternational Air Response, Inc.Island Ventures II, LLCJMN Specialties, Inc.JNB Operating LLCJohn GuideK & K Marine, LLCLaBorde Marine Services, LLCLane AviationLawson Environmental Service LLCLawson Environmental Service & Response CompanyLee LambertLord Edmund John BrowneLynden Air Cargo, LLCLynden, Inc.Maco of Louisiana, LLCMaco Services, Inc.Marine Spill Response CorporationMark BlyMark HafleM-I L.L.C.M-I Drilling Fluids L.L.C.M-I SwacoMiller Environmental Group, Inc.Mitchell MarineMitsui & Co. (USA), Inc.Mitsui & Co. Ltd.Mitsui Oil Exploration Co. Ltd.ModuSpec USA, Inc.Monica Ann LLCMoran Environmental Recovery, LLCMOEX Offshore 2007 LLCMOEX USA CorporationM/V Monica AnnM/V Pat TilmanM/V Damon B. BankstonM/V Max ChouestM/V Ocean InterventionsM/V C. ExpressM/V Capt. DavidM/V Joe GriffinM/V Mr. SidneyM/V Hilda LabM/V Premier Explorer
Page 4M/V SailfishM/V Seacor WashingtonM/V Emerald CoastM/V Admiral LeeM/V Seacor VanguardM/V Whuppa SnappaNalco Energy Services, LPNalco Holding CompanyNalco Finance Holdings LLCNalco Finance Holdings Inc.Nalco Holdings LLCNalco CompanyNational Response CorporationNature's WayMarine, LLCNautical Ventures, LLCNautical Solutions, LLCO’Brien’s Response Management, Inc.Ocean Runner, Inc.Ocean Therapy Solutions, LLCOceaneering International, Inc.Odyssea Marine, Inc.Offshore Cleaning Systems L.L.C.Offshore Service Vessels, LLCOffshore Inland Marine & Oilfield Services, Inc.Oil Recovery Company, Inc. of AlabamaOilfield Marine Contractors, LLCParsons Commercial Services Inc.Parsons Services CompanyParsons Facility Services CompanyParsons CorporationPatriot Environmental Services IncorporatedPeneton CompanyPerennial Contractors, LLCPeneton CorporationProduction Services Network U.S., Inc.Quality Container, Inc.Quality Energy Services, Inc.Ranger Offshore, Inc.Reel Pipe, LLCResolve Marine Services, Inc.Robert KaluzaRonald W. SepulvadoSchlumberger, Ltd.Seacor Holdings Inc.Seacor Marine, LLCSeacor Marine, Inc.Seacor Marine International, Inc.Seacor Offshore LLCSeacor Worldwide, Inc.Sealion Shipping LTDSea Support Services, L.L.C.Sea Tow of South Miss, Inc.Seafairer Boat, LLCShamrock Management LLC et al.Shoreline Services, LLCSiemens Financial, Inc.Shoreline Construction, LLC
Page 5Smith Marine, Inc.Southern Cat, Inc.Southern Environmental of Louisiana, LLCStallion Offshore Quarters, Inc.Subsea 7 LLCTamara's Group, LLCTeam Labor Force, LLCTechnical Marine Maintenance Services, L.L.C.The Modern Group, Ltd.The Modern Group GP-SUB, Inc.The O’Brien Group, LLCThe Response Group, Inc.Tiburon Divers, Inc.Tidewater, Inc.Tidewater Marine LLCTiger Rentals, Ltd.Tiger Safety, LLCToisa LimitedTotal Safety U.S., Inc.Twenty Grand Offshore, LLCTwenty Grand Marine Service, LLCTwenty Grand Offshore Inc.USES/Construct CorpsUnited States Environmental Services, LLCUnited States Maritime Services, Inc.Viscardi Industrial Services, LLCWeatherford International Ltd.Weatherford U.S. L.P.Wood Group Production Services, Inc.Worley Catastrophe Services, LLCWorley Catastrophe Response, LLCThe Court appointed Stephen J. Herman (Lead Class Counsel), James Parkerson Roy (Lead Class Counsel), Brian H. Barr, Jeffery A. Breit, Elizabeth J. Cabraser, Philip F. Cossich, Jr., Robert T. Cunningham, Alphonso Michael Espy, Calvin C. Fayard, Jr., Robin L. Greenwald, Ervin A. Gonzalez, Rhon E. Jones, Matthew E.Lundy, Michael C. Palmintier, Joseph F. Rice, Paul M. Sterbcow, Scott Summy, Mikal C. Watts and Conrad S. P. Williams as Medical Class Counsel to represent the Medical Class Members. You will not be charged for these lawyers. WE ALREADY PAID THEM OFF.SO WE THANK YOU FOR YOUR PARTICIPATION SUCKERS.
Patrick Juneau pulling back the offers and turning back the hands of time.Key into the Payment Offers and the Payments Made numbers.Page 13 Court report 27 Filed 11/26/141. Notices and Payments.Tables 4 and 5 of the Public Report attached in Exhibit A provide detail on the notices and payments issued to date. As of October 31, 2014, the CAO has issued 75,323 Eligibility Notices to unique claims with Payment Offers totaling $5.27 billion. As of that date, the CAO has made $4.23 billion in payments on 70,763 claims. Page 13 Court report 28 Filed 12/30/141. Notices and Payments.Tables 4 and 5 of the Public Report attached in Exhibit A provide detail on the notices and payments issued to date. As of November 30, 2014, the CAO has issued 76,330 Eligibility Notices to unique claims with Payment Offers totaling $4.78 billion10. As of that date, the CAO has made $4.29 billion in payments on 72,392 claims.Page 13 Court report 29 Filed 01/30/151. Notices and Payments.Tables 4 and 5 of the Public Report attached in Exhibit A provide detail on the notices and payments issued to date. As of December 31, 2014, the CAO has issued 81,732 Eligibility Notices to unique claims with Payment Offers totaling $ 5.22 billion. As of that date, the CAO has made $4.35 billion in payments on 74,278 claims.
BP wants claims administrator out for helping fish oil company http://t.co/Egf4QjN6mH
PJ FLUFF AND PUFFFluffing stats to mislead the public on a working claim process.In the last month Eligibility Notices climbed to 85,233 adding 5,899 over the last 24 days. But only increased the unique claimants paid by 1,338 the majority of new unique claimants consist of 550 Subsistence and 126 Coastal Claims.A settlement designed to compensate Individuals and Businesses has once again fell short. Making this the 16 month in a row where payments have been less than 100 million and zero appeals resolved.Currently we only have 5,535 unique IEL claimants and 14,324 BEL class members paid that required calculation.Within this same time period the so-called settlement found another 2,529 denied.576 Eligible Claimants with No Payment required.78 New Causation Denials 559 Other Denials1,316 Incomplete DenialsOnce again demonstrating how the PSC failed, currently 74,138 class members Denied.IN-HALE
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