Friday, January 30, 2015

WWL-TV takes a look at the medical claims side of the BP settlement

BP administrator makes millions with 1% claims paid

Nice story....the second part of the settlement is virtually non-existent.  


Ashton O'Dwyer said...

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.

Anonymous said...

Case 2:10-md-02179-CJB-SS Document 6427-1 Filed 05/03/12 Page 5 of 201

C. 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 CLASS
REPRESENTATIVES 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.

Anonymous said...

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 201

“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 6
Exhibit 6
Abdon Callais Offshore, Inc.
Admiral Robert J Papp Jr.
Admiral Thad Allen
Admiral Towing, LLC
Aerotek, 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 Corporation
Anadarko Petroleum Company
Anadarko Petroleum Corporation
Anadarko E&P Company LP
Apex Environmental Services, LLC
Art Catering, Inc.
Ashland Services, LLC
B&B Environmental Services, Inc.
Belle Chasse Marine Transportation, Inc.
BJ Services Company, USA
Blue Marlin Services of Acadiana, LLC
Bobby Lynn's Marina, Inc.
BP America Inc.
BP America Production Company
Page 1

Anonymous said...

Page 2

BP Company North America Inc.
BP Corporation North America Inc.
BP Energy Company
BP Exploration (Alaska) Inc.
BP Global Special Products (Americas) Inc.
BP Holdings North America Limited
BP Exploration & Production Inc.
BP p.l.c.
BP Products North America Inc.
BP International Ltd.
BP Corporation North America Inc. Savings Plan Investment Oversight Committee
Brett Cocales
Brian Morel
Cabildo Services, LLC
Cabildo Staffing, LLC
Cahaba Disaster Recovery LLC
Cal Dive International, Inc.
Cameron Corporation
Cameron International Corporation
Cameron International Corporation f/k/a Cooper Cameron Corporation
Cameron International Corporation d/b/a/ Cameron Systems Corporation
Center for Toxicology and Environmental Health L.L.C.
Chill Boats L.L.C.
Chouest Shorebase Services, LLC
Clean Harbors, Inc.
Clean Tank LLC
Clean Tank Inc.
Core Industries, Inc.
Core 4 Kebawk, LLC
Crossmar, Inc.
Crowder/Gulf Joint Venture
Crowder Gulf Disaster Recovery
Danos and Curole Marine Contractors, LLC
Danos & Curole Staffing, L.L.C.
David Sims
Deepwater Horizon Oil Spill Trust
Diamond Offshore Company
DOF Subsea USA, Inc.
Don J. Vidrine
DRC Emergency Services, LLC
DRC Marine, LLC
DRC Recovery Services, LLC
Dril-Quip, Inc.
Dynamic Aviation Group, Inc.
Eastern Research Group, Inc.
Environmental Standards, Inc.
Environmental Safety & Health Consulting Services
Environmental Safety & Health Environmental Services
ES&H, Inc.
ESIS, Inc.
Exponent, Inc.
Faucheaux Brothers Airboat Services, Inc.
Global Diving & Salvage, Inc.
Global Employment Services, Inc.
Global Fabrication, LLC
Global Marine International, Inc.

Anonymous said...

Page 3

Graham Gulf Inc.
Grand Isle Shipyard Inc.
Gregg Walz
Guilbeau Marine, Inc.
Guilbeau Boat Rentals, LLC
Gulfmark Offshore, Inc.
Gulf Offshore Logistics, LLC
Gulf Offshore Logistics International, LLC
Gulf Services Industrial, LLC
Hilcorp Energy Company
Hyundai Heavy Industries Co. Ltd, Inc.
Hyundai Motor Company
I-Transit Response, L.L.C
International Air Response, Inc.
Island Ventures II, LLC
JMN Specialties, Inc.
JNB Operating LLC
John Guide
K & K Marine, LLC
LaBorde Marine Services, LLC
Lane Aviation
Lawson Environmental Service LLC
Lawson Environmental Service & Response Company
Lee Lambert
Lord Edmund John Browne
Lynden Air Cargo, LLC
Lynden, Inc.
Maco of Louisiana, LLC
Maco Services, Inc.
Marine Spill Response Corporation
Mark Bly
Mark Hafle
M-I L.L.C.
M-I Drilling Fluids L.L.C.
M-I Swaco
Miller Environmental Group, Inc.
Mitchell Marine
Mitsui & Co. (USA), Inc.
Mitsui & Co. Ltd.
Mitsui Oil Exploration Co. Ltd.
ModuSpec USA, Inc.
Monica Ann LLC
Moran Environmental Recovery, LLC
MOEX Offshore 2007 LLC
MOEX USA Corporation
M/V Monica Ann
M/V Pat Tilman
M/V Damon B. Bankston
M/V Max Chouest
M/V Ocean Interventions
M/V C. Express
M/V Capt. David
M/V Joe Griffin
M/V Mr. Sidney
M/V Hilda Lab
M/V Premier Explorer

Anonymous said...

Page 4

M/V Sailfish
M/V Seacor Washington
M/V Emerald Coast
M/V Admiral Lee
M/V Seacor Vanguard
M/V Whuppa Snappa
Nalco Energy Services, LP
Nalco Holding Company
Nalco Finance Holdings LLC
Nalco Finance Holdings Inc.
Nalco Holdings LLC
Nalco Company
National Response Corporation
Nature's WayMarine, LLC
Nautical Ventures, LLC
Nautical Solutions, LLC
O’Brien’s Response Management, Inc.
Ocean Runner, Inc.
Ocean Therapy Solutions, LLC
Oceaneering International, Inc.
Odyssea Marine, Inc.
Offshore Cleaning Systems L.L.C.
Offshore Service Vessels, LLC
Offshore Inland Marine & Oilfield Services, Inc.
Oil Recovery Company, Inc. of Alabama
Oilfield Marine Contractors, LLC
Parsons Commercial Services Inc.
Parsons Services Company
Parsons Facility Services Company
Parsons Corporation
Patriot Environmental Services Incorporated
Peneton Company
Perennial Contractors, LLC
Peneton Corporation
Production Services Network U.S., Inc.
Quality Container, Inc.
Quality Energy Services, Inc.
Ranger Offshore, Inc.
Reel Pipe, LLC
Resolve Marine Services, Inc.
Robert Kaluza
Ronald W. Sepulvado
Schlumberger, Ltd.
Seacor Holdings Inc.
Seacor Marine, LLC
Seacor Marine, Inc.
Seacor Marine International, Inc.
Seacor Offshore LLC
Seacor Worldwide, Inc.
Sealion Shipping LTD
Sea Support Services, L.L.C.
Sea Tow of South Miss, Inc.
Seafairer Boat, LLC
Shamrock Management LLC et al.
Shoreline Services, LLC
Siemens Financial, Inc.
Shoreline Construction, LLC

Anonymous said...

Page 5

Smith Marine, Inc.
Southern Cat, Inc.
Southern Environmental of Louisiana, LLC
Stallion Offshore Quarters, Inc.
Subsea 7 LLC
Tamara's Group, LLC
Team Labor Force, LLC
Technical Marine Maintenance Services, L.L.C.
The Modern Group, Ltd.
The Modern Group GP-SUB, Inc.
The O’Brien Group, LLC
The Response Group, Inc.
Tiburon Divers, Inc.
Tidewater, Inc.
Tidewater Marine LLC
Tiger Rentals, Ltd.
Tiger Safety, LLC
Toisa Limited
Total Safety U.S., Inc.
Twenty Grand Offshore, LLC
Twenty Grand Marine Service, LLC
Twenty Grand Offshore Inc.
USES/Construct Corps
United States Environmental Services, LLC
United States Maritime Services, Inc.
Viscardi Industrial Services, LLC
Weatherford International Ltd.
Weatherford U.S. L.P.
Wood Group Production Services, Inc.
Worley Catastrophe Services, LLC
Worley Catastrophe Response, LLC

The 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.


Anonymous said...

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 11/26/14

1. 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 12/30/14

1. 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 01/30/15

1. 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.

Clay said...

BP wants claims administrator out for helping fish oil company

Anonymous said...


Fluffing 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 Denials

1,316 Incomplete Denials

Once again demonstrating how the PSC failed, currently 74,138 class members Denied.