Arnold & Itkin LLP Files Jones Act Injury Suit On Behalf Of Injured Seaman

Arnold & Itkin LLP maritime attorneys recently filed a Jones Act personal injury suit on behalf of a Houston, Texas, seaman who suffered injuries while working as a vessel crew member.  The plaintiff was employed by Offshore Joint Services, Inc., and was acting as a borrowed seaman for Global Industries Offshore, L.L.C., when the injuries occurred.  The seaman sustained serious back injuries when he was forced to move heavy equipment on the vessel without proper assistance.  Both companies are named as defendants in the maritime case.

The Jones Act case was filed in Harris County, where the injured seaman resides.

Arnold & Itkin LLP's maritime lawyers stand ready to assist their client in obtaining necessary medical attention, and they are proud to advocate on the seaman’s behalf as he seeks recovery for his injuries and the defendants’ negligence and wrongful conduct.

For more information on maritime law topics, visit Arnold & Itkin LLP's maritime injury blog.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Work Continues To Discern Deepwater Horizon's Legacy

Government, academic, and private groups continue to debate the effects of the Deepwater Horizon oil spill, both in terms of its immediate effects on wildlife and seafood safety, and as to its long-term environmental, economic, and human health impacts.

In a recent press briefing (transcriptaudio), National Incident Commander Admiral Thad Allen attempted to allay fears over the safety of seafood now eligible for harvesting from reopened commercial fishing zones in the Gulf of Mexico.  NOAA Administrator Dr. Jane Lubchenco, who also participated in the briefing, agreed, asserting that "the seafood that is coming out of the Gulf in [the open] areas is highly tested and is safe."

Yet a day earlier the National Resources Defense Council called for heightened testing of Gulf of Mexico seafood.  Citing the huge amount of oil that remains in the Gulf, the environmental group sent letters, co-signed by various Gulf-based community, environmental, and religious groups, to the FDA and NOAA requesting that the agencies:

  • ensure there is comprehensive monitoring of seafood contamination;
  • ensure public disclosure of all seafood monitoring data and methods; and
  • ensure that fishery re-opening criteria protect the most vulnerable populations including children, pregnant women, and subsistence fishing communities.

Such concerns over seafood safety have meant, according to media reports, that many in the commercial fishing industry are having difficulty marketing seafood currently being harvested from the Gulf of Mexico, despite the government's attempts to alleviate concerns.

Worry over the oil spill's long-term impact on seafood and the Gulf environment in general may be warranted.  Three scientific reports apparently confirm the persistence of the Gulf oil plume, in contrast to the federal government's recent statements that as much as three-quarters of the oil was quickly breaking down and had dissipated or otherwise been removed from the environment.

A team of researchers led by Dr. Richard Camilli, of the Woods Hold Oceanographic Institution's Applied Ocean Physics and Engineering Department, report in the journal Science that a continuous plume of oil over 21 miles in length persisted at a depth of some 3,600 feet without substantial biodegradation.  This jibed with the results of recent studies by researchers at theUniversity of Georgia and the University of South Florida.  The University of Georgia researchers were among the earliest to report the existence of the plume studied by Dr. Camilli's group.  The University of South Florida team reported discovering oil scattered in sediment along the seafloor and within the Gulf of Mexico's water column.

Meanwhile, in a commentary article set for publication in the September 8 Journal of the American Medical Association, two physician-researchers discuss effects of the Deepwater Horizon oil spill on human health, noting both immediate and potential long-term health risks, some of which could be anticipated in light of the health effects from historic oil spills.

What such increasingly in-depth scientific studies make evident is that, despite the best efforts of hard-working disaster responders, the long-term results of the oil spill will be complex and likely grim, some resolving in the near term, while others linger potentially for years.  The studies thus may predict Deepwater Horizon's legacy of environmental and human damage.

 

 

 

Seafood Safety Concerns Linger After Deepwater Horizon Spill

Fishermen and the public remain cautious about shrimp, fish, and other catches from Gulf waters even as the latest shrimping season gets underway in the Gulf of Mexico.  In particular, concerns exist about possible oil contamination from the Deepwater Horizon oil spill.  Some also question whether there are potential safety hazards posed by the chemical dispersants used during the oil spill response effort.

In addition to providing a significant source of seafood for the domestic market, Gulf fishing areas provide livelihoods for thousands involved in the commercial fishing industry.  Now both the market, and those who earn a living supplying it, are left wondering whether catches from the Gulf are safe for consumption.

Of primary concern are potential cancer-causing polycyclic aromatic hydrocarbons (PAHs), which are common pollutants from petroleum products, combustion, and other sources.  Even though federal agencies have deemed many Gulf waters safe, background concerns linger regarding oil residues that can remain unseen and undetected on the sea floor.  In addition, wildlife exposed to oil spill pollution retain and metabolize PAHs at different rates, causing confusion about what types of wildlife are safe for harvesting and consumption.

While the confusion and concern persist, the federal government continues heightened testing of fish and other stocks taken from the Gulf, grinding up samples in an attempt to detect even tiny amounts of remaining contaminants.

Mariners and consumers alike can do little but watch and wait, as only time and more testing will reveal the true scope of the Deepwater Horizon's legacy.

For more information on maritime and other personal injury matters, please visit:  www.GulfCoastMaritime.com and www.LawyerForYou.com.

For a free consultation about a potential maritime injury claim, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Deepwater Horizon Injury Cases Centralized In Eastern District of Louisiana

On August 10, the United States Judicial Panel on Multidistrict Litigation announced its decision on pending motions to centralize legal proceedings arising out of the Deepwater Horizon oil rig disaster.  After considering a large number of possible transferee districts and judges, the MDL Panel selected the Eastern District of Louisiana as the most appropriate district for the litigation.

In its Transfer Order, the MDL Panel concluded that the Deepwater Horizon cases were appropriate for centralization, and that centralization of the proceedings could aid closer coordination with administration of the BP compensation fund by Kenneth Feinberg.

As to its selection of the Eastern District of Louisiana, the court said:

Without discounting the spill’s effects on other states, if there is a geographic and psychological "center of gravity" in this docket, then the Eastern District of Louisiana is closest to it.  Considering all of the applicable factors, we have asked Judge Carl J. Barbier to serve as transferee judge.  He has had a distinguished career as an attorney and now as a jurist. Moreover, during his twelve years on the bench, Judge Barbier has gained considerable MDL experience, and has been already actively managing dozens of cases in this docket.  We have every confidence that he is well prepared to handle a litigation of this magnitude.


In addition to centralizing wrongful death, personal injury, property damage, and other damages litigation in the Eastern District of Louisiana, the MDL Panel noted that it would be issuing a conditional transfer order covering the limitation proceeding brought by certain Transocean entities and now pending in the Southern District of Texas.

Media reports indicate that by separate order the MDL Panel also transferred a small group of securities suits arising from the Deepwater Horizon matter.  These included one filed in California and two pending in the Western District of California.  The MDL Panel deemed that those actions should be centralized in the Southern District of Texas.

The MDL Panel's Transfer Order in MDL No. 2179, In re:  Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010, can be found here.

 

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

 

 

 

Relief Well Nears Completion As Government Pledges Support For Long-Term Recovery

In a recent media interview, National Incident Commander Thad Allen confirmed that the cement plug placed atop BP's damaged well appears to have resulted in a successful "static kill" of the horrific crude oil leak that has persisted since the sinking of the Deepwater Horizon drilling platform in late April.  Even as pressure monitoring and acoustic surveys offered reassurance that the well had been capped, Commander Allen stressed that BP would complete its efforts toward finishing a relief well.

The relief well would seal the primary drilling bore permanently by cementing the bore deep underground.  Commander Allen related that he had spoken personally with BP's new CEO, Robert Dudley, to ensure that the relief well would be finished.  To that end, workers are now drilling on the final 100 feet of the relief well, proceeding slowly to ensure that they connect with the primary well as the drilling phase nears completion.

Commander Allen spoke on these issues, and the government's commitment to overseeing and enforcing a long-term recovery effort, in an August 8th appearance on NBC's news program Face the Nation.

As to the Gulf recovery effort, Commander Allen emphasized, "We've got a commitment to be there."  He went on to state, "BP is responsible.  We're going to hold them accountable."

For more information on the Gulf of Mexico disaster recovery effort and other maritime issues, please visit www.GulfCoastMaritime.com.

If you have questions regarding a maritime incident or have suffered a maritime injury, contact Arnold & Itkin LLP toll free at 866-222-2606 for a free consultation.

 

 

 

Arnold & Itkin Attorneys Seek Change In Maritime Laws

Arnold & Itkin LLP's maritime attorneys support legislation now pending in Congress that would make much-needed updates to the remedies available to injured maritime workers and their families.  In a recent article about the proposed maritime law updates, Arnold & Itkin LLP partner Kurt Arnold observed that he and fellow firm attorney Cory Itkin feel so strongly about the existing problems with maritime remedies that they travelled to Washington to push for change.

The Securing Protections for the Injured from Limitations on Liability Act (SPILL Act) passed the U.S. House of Representatives in early July.  Meanwhile on July 15 the Senate's Committee on Commerce, Science, and Transportation received Senate Bill 3600 (Sen. John D. Rockefeller IV, D-WV), known as the Fairness in Admiralty and Maritime Law Act.

"All we are asking is for the offshore laws to be the same as those on land," Arnold was quoted as saying.  As an example, "Currently you are entitled to pain and suffering for an injury," Arnold observed. "But if you are killed on water offshore, you have no remedy."

Arnold reported that he and Itkin found most of the lawmakers they spoke with receptive to the need for change in available maritime injury remedies.

For more information on maritime and other personal injury matters, please visit: www.GulfCoastMaritime.com and www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Gulf Oil Spill's Full Financial Impact Remains Unclear

Houston attorney Kurt Arnold recently expressed the shared sense of relief “that after three months, oil apparently is no longer spilling into the Gulf.”  But despite BP's progress on stemming the flow of crude that had been gushing from the seafloor, Arnold explained, “it will take much longer to assess the true economic damage of this environmental catastrophe. An accurate assessment of economic damages to Gulf residents and individuals must be made, and BP and other responsible parties must pay the tab.”

Jason Itkin, a fellow partner with the Houston law firm Arnold & Itkin LLP, echoed Arnold’s concern.  According to Itkin, any final tally of economic damages associated with the oil spill must encompass future losses that might result from the catastrophe.  Itkin cited issues such as a failure in the recovery of commercial fish stocks, or a slow rebound in the Gulf Coast’s tourism industry.  Those types of events could leave businesses and individuals suffering economic losses for years to come.

“It is easy to lose sight of the fact that the Gulf Coast’s  economic losses don’t stop when the oil stops flowing,” Itkin cautioned.

Arnold & Itkin LLP is a Houston, Texas, law firm that represents individuals and business harmed by the Deepwater Horizon oil spill.

For more information, please visit the firm's additional coverage at GulfCoastMaritime.com.

 

 

Judge Continues To Preside Over Deepwater Horizon Cases

Judge Carl J. Barbier, of the United States District Court for the Eastern District of Louisiana, presides over more than forty of the many lawsuits filed since the devastating explosion aboard the Deepwater Horizon oil drilling platform.  Unbeknownst to Judge Barbier when the first such cases were assigned to him, he owned debt instruments in two companies associated with the Deepwater Horizon oil well:  Halliburton Energy Services, Inc., and Transocean, Ltd.  Judge Barbier promptly instructed his broker to sell the instruments on June 2, 2010, once he became aware of the issue.

Even so, BP, Halliburton, and Cameron International Corporation moved to have Judge Barbier recuse himself from the proceedings.  The companies argued that Judge Barbier’s formerly-held debt instruments constituted “financial interests” for purposes of the governing federal recusal statute, and thus they were a basis for his mandatory disqualification from the cases.

When Judge Barbier disagreed, the companies petitioned the U.S. Court of Appeals for the Fifth Circuit, seeking a writ that would direct Judge Barbier to step down.  A panel of the Court of Appeals recently denied the writ petition, however.

As the Fifth Circuit panel explained in its unpublished opinion, Judge Barbier denied the recusal motion because ownership of debt instruments is different than ownership of corporate stock because debt instruments do not equate to an ownership interest in a party.  The Fifth Circuit agreed, noting that stock represents fractional ownership in the issuing corporation and thus falls within the realm of financial interests “in a party.”  Debt interests do not equate to such an ownership interest.  Thus the federal recusal statute did not mandate that Judge Barbier step down from the case.

For now, then, Judge Barbier remains as the judge presiding over the Deepwater Horizon cases assigned to his court.

The case is In Re: Deepwater Horizon et al., case number 10-30631, in the U.S. Court of Appeals for the Fifth Circuit.

For more information, please visit Arnold & Itkin LLP's more extensive coverage at GulfCoastMaritime.com.

 

 

Deepwater Horizon - Three Months and Counting

Almost three months after the devastating destruction of the Deepwater Horizon drilling platform, BP has finally managed to staunch the massive flow of oil escaping from the platform's breached wellhead.  A cap newly-positioned on the wellhead appears to be holding against the intense pressure of the undersea oil and gas reservoir, but BP and the federal government are maintaining a close watch to determine whether any oil or gas may be leaking from the potentially-damaged well bore.  Such leakage could then escape into the Gulf of Mexico via fissures in the surrounding sea floor.

In the meantime, Congress is considering whether to amend maritime liability laws to eliminate statutory roadblocks that some claim could bar adequate compensation for those injured, and the survivors of those killed, in accidents like the Deepwater Horizon catastrophe.

For more information, please visit Arnold & Itkin's further discussion at GulfCoastMaritime.com.

Worker Reported Problem With Deepwater Horizon Blowout Preventer Before Explosion

A Deepwater Horizon worker reported a problem with the oil rig's blowout preventer weeks ahead of the fatal explosion that led to the platform's fiery destruction.

During a recent interview, Tyrone Benton explained to the BBC that he reported a fault in one of the blowout preventer's two control pods.  Rather than shutting down operations while a repair was effected, however, officials instead deactivated the faulty pod, leaving only one remaining pod online in the event of an emergency.

Mr. Benton's statements echo those of Chief Electronics Technician Mike Williams.  Shortly after the loss of the Deepwater Horizon, Mr. Williams told CBS News magazine 60 Minutes that one of the control pods on the oil rig's blowout preventer suffered from a hydraulic leak and a weak battery, and that the blowout preventer also had suffered a failure in a seal necessary to conduct reliable pressure tests of the well.

More information about Mr. Benton's disclosures is available at www.GulfCoastMaritime.com.

Arnold & Itkin LLP also maintains a website providing ongoing coverage of the Deepwater Horizon tragedy and associated litigation:  transoceanlawsuits.com.

For a free consultation regarding a maritime accident or injury, contact a maritime lawyer now at Arnold & Itkin LLP by calling toll free (866) 222-2606.