2011: Year in Review for Arnold & Itkin
The year of 2011 was yet another monumental year for Arnold & Itkin, LLP. Over the years, we have been proud to recover hundreds of millions of dollars in verdicts and settlements on behalf of our clients and this was no different in 2011. In fact, we are proud to announce that we successfully recovered over $250 million in the last year alone; an enormous success and a true testament to our dedication to our clients, as well as our unwavering commitment to always providing the highest quality of legal representation.
Recovering this much comes from pairing aggressive out-of-court negotiation skills along with a “never say never” attitude. Our opponents know that we are not willing to settle for an unsatisfactory amount, that we will always be willing to prepare and take a case to the courthouse if that is what is required to obtain justice for our clients. Better yet, they know that when we say this, we actually mean it because we have done so before. We often will claim that it is this level of uncertainty that gives us the upper edge in negotiations.
Still, in some cases even this upper hand isn’t always enough to come to a fair out-of-court settlement. In some cases, we have to back up our word and fight for clients in trial – and we have proven that we are more than willing to do so. Take for example a case that we settled in 2011 involving Diamond Offshore. Our client had been working aboard the Ocean Yorktown at the time of the injury when he had been unexpectedly hoisted over twenty feet into the air and had his fall protection fail. This resulted in serious injuries such as a loss of consciousness, a crushed arm, three fractured vertebrae, three herniated discs, broken ribs and a closed head injury. We tried the case in the 157th District Court in Harris County, TX before Judge Wilson. The case lasted for a week and a half and resulted in the jury returning with a unanimous verdict of $4.9 million.
It was cases like this that made 2011 the success that it was and we were proud to represent clients such as this in their fight for justice. As always, we are proud to help clients get the compensation that they deserve – helping them to receive the medical treatment that is required. Such was the case as we continued to work to defend those who were aboard the Deepwater Horizon at the time of the April 20, 2010 explosion. In fact, we have been honored to represent over a fifth of the entire crew during this time.
We are compassionate to the tragedy that has victimized our clients and their families and we have worked tirelessly to provide them with supportive guidance while aggressively fighting to hold negligent companies liable. During this time, we are grateful to have gotten to know these crew members and have fought tooth and nail to help them get the maximum recovery that they deserve. We encourage you to watch some of the videos from clients involved in Deepwater Horizon case to learn more about their experience with our firm:
- Clients Talk About Their Experience with Arnold & Itkin
- Deepwater Horizon Clients Discuss Their Situations
- The Outcomes: How Pleased Were Our Clients?
While a colossal year, 2011 is just the beginning. We at Arnold & Itkin, LLP are prepared to face 2012 full force and look forward to the challenges that the new year will bring. If you have recently been injured or have suffered from the negligence of a third party, do not let another minute go by without receiving the high quality legal assistance from a maritime attorney that you deserve. Contact an offshore injury lawyer from our firm to schedule your free, no-obligation consultation. We are here to help you. Call today.




In Alaska, October means the start of the crabbing season. Consumers often take for granted the process gone through to place the delicacy on plates across the country, but the harsh conditions that affect the Bering Sea can present fishermen with an array of hazards not faced by those who work on boats in warmer waters. In an effort to reduce accidents, and possible subsequent legal claims, the Coast Guard has teamed up with personnel from the Alaska Department of Fish and Game to observe and inspect crabbing vessels and to offer additional safety training.
The
Although these employees work rotating shifts, and may not spend more than a few weeks on the rig, the few days that they do spend offshore can have them working through conditions that are very vastly more difficult than those on land. Shifts can be as long as 12 hours, and when there are strong currents, the rig can shift, causing a worker to lose balance if he is not holding on to the railings.
During the 80’s and 90’s, fishing communities in small towns and villages along the coast lived in the constant fear of losing their loved ones to accidents on board these vessels.
Out on a tanker, commercial fishing vessel or any other kind of
Fleet Management Limited pled guilty to:
Three passengers were thrown from the boat and one stayed on the vessel, or rather the small piece of the hull left floating in the water. At the scene of the accident was Doug Liman, director of films like Mr. and Mrs. Smith. Liman and his friend Avram Ludwig were on a sailboat and saw the cargo ship slice through the smaller sailboat. The two quickly rushed to the scene and helped three of the passengers out of the river.
On a boat with no one but other crewmembers around, it is easy for a seaman to believe what his employer or the vessel safety team tells him. Sometimes, it is only when clients visit a
The Coast Guard mounted a search and rescue effort. By the time rescue teams arrived, the fishermen had drifted a few miles away from the point where the vessel capsized. All three men were clinging to a cooler in the water. The men were rescued by lowering a rescue basket into the water from an aircraft. They were transferred to a hospital where they received medical attention. None of the fishermen are believed to have been seriously injured.
A helicopter search crew was sent out, and the body was spotted five miles off the coast of South Padre Island. A boat crew was sent to recover the body.
Workers aboard ships and cargo vessels face the risk of a range of injuries beyond those faced by workers on land. Maritime workers, including fishermen, offshore workers, ship crew members, and tugboat operators are required to operate complicated marine equipment.They may have to perform shift-based duties that increase their exposure to fatigue and stress, increasing the chances of an accident. Also, when an injury occurs, workers are far from emergency medical care. Even airlifting an injured seaman from a vessel via a medical helicopter can be a tough exercise. Also, workers are far from their families and loved ones, which only compounds the stress of the injury.
At the Massachusetts Maritime Academy, President Admiral Rick Guenon is calling for increased action to protect ships and crew from pirate attacks. These actions include arming the crew members of vessels and increasing the number of warships in pirate infested waters. However,
The agency plans to develop a comprehensive maritime network that can receive information from vessel lines and other sources, and then use the information to ward off any threats. The agency has established maritime liaison officers at all its field offices that have connections to the maritime industry.
The bold attack that came so soon after the dramatic assault on the Maersk Alabama is proof that piracy in the waters off the Somali Coast is not just alive and kicking, but more aggressive than ever. Three of the pilots who attacked the Alabama were killed and the fourth was arrested. Enraged pirates have threatened to show no mercy to maritime crews in any vessel they attack from now on. Those words must be taken seriously. After all, since the three Somali pirates were killed, another armed gunmen managed to attack four other ships. To
The TWIC program was created due to the increased security threat to ports after 9/11. After the twin towers collapsed it became clear that our ports provided easy access to those who felt the need to harm Americans. The
The crew included Colin Wright, a Galveston resident. The captain, Richard Philips, gave himself up as a hostage to the pirates in return for the safe release of his crew members. The ship safely returned to port and after a five day standoff, Phillips too was rescued when snipers killed three of the pirates and took one into custody.
Coast guard personnel worked many hours to recover the crane as emergency crew members averted an environmental disaster by preventing oil from spilling into the water. A larger 100-ton crane was used to help with emergency rescue efforts.
The company that owns one of the boats, Diversified Environmental Services, is located near the dock and was able to respond to the crisis immediately. The quick response helped prevent damage to marine life and the environment. No injuries were reported in the collision.
After the Newfoundland helicopter crash, investigators began to look into whether the stud fractured before the crash or was smashed during the accident. A broken stud can lead to loss of oil pressure, potentially resulting in a gearbox problem and eventually loss of control of the chopper. Investigators have now determined that the titanium studs are indeed prone to fracture. The studs in the Newfoundland accident are believed to have fractured during the flight. In January, Sikorsky issued an alert asking helicopter operators to replace the titanium studs with steel ones.
He suffered intense terror, unsure if rescue would arrive in time or if the rig would collapse on him. He suffered injuries to his wrist and back, but the emotional scars ran deeper. He has suffered from severe post traumatic disorder since the accident. In 2007, Campbell was awarded $952,966 including 200,000 in damages for PTSD.
The system is expected to be in place within the next 5 years, but in parts of Florida, pilots are already using the satellite-based GPS data to obtain the same information air traffic controllers can see on their monitors. The GPS allows controllers to locate the position of an airplane far more accurately than they currently do with data from ground-based radars. With the new system, pilots and air traffic controllers will be able to access data generated by the second.
Soon after Ike, the district used its own funds to make temporary repairs to the bridge; FEMA assured the district it would be reimbursed for money spent on repairs by mid March. That was before FEMA realized it may not be responsible for the funding after all.
Across the world, 115 countries have promised to ban single hull ships by 2015. In the U.S., single hull tankers are required to unload at the Louisiana Offshore Oil Port or other designated unloading points until 2015 comes around. Even as the world moves to avoid another massive and environmentally destructive maritime accident like the Valdez spill, Exxon continues to use single hull tankers. In 2008 alone, Exxon Mobil Corp. hired more older, single hull tankers than the other top ten oil companies combined. The company insists that the cost of hiring double hull tankers is not the reason for its failure to bring them into operation. Double hull tankers can cost up to 20% more to hire than single hull ships.
Fortunately, there were no injuries on board the Gilchrist. Fires on a water craft are often linked to explosions; the fire on the Gilchrist appears to have ignited in the engine. This can happen due to improper maintenance of the fuel system. Fires can also break out due to electrocution, when the vessel comes in contact with a live power line.
It appears that the drilling company was negligent in providing a safe working environment for Jesus Perez. The opening of the platform that Perez fell into, according to the lawsuit, was the result of misplaced grading; the drilling company was responsible for making sure that such potential hazards were absent from the platform.
Galveston County Navigation District No.1 paid Texas Gulf Company $1.5 million to repair the bridge, but in early February the project was shut down due to shortage of funds. A local contractor Lamson Nguyen has agreed to take up the task of filling potholes on the bridge free of cost. However, the fact is that the 50-year-old bridge is in need of permanent repairs. The district has no funds available to continue the work and has requested $6 million from the
The ports will receive $4 million each from the
New infrastructure will also add to the efficiency of cargo shipping operations from the industrial plants on Chemical Row. Port of Beaumont's investment of the federal funds is expected to create hundreds of jobs, in addition to increasing the capabilities of the port by at least 50%. The Orange County property will include deep access capabilities, as well as development of a new dock. The port will not depend solely on federal funds to finance these ambitious new infrastructure projects. According to Chris Fisher, Port of Beaumont's executive director, the total funding from the Economic Development Administration is $134 million and has been distributed to other Texas ports, as well as ports in Louisiana, Oklahoma, Arkansas and New Mexico.
When the tugboat, Mel Oliver, pushed an oil barge into the path of an oncoming ship last July, apprentice mate John Bavaret was at the helm. Bavaret did not have the licensing needed to operate the tugboat, he was "filling in" for Terry Carver, the captain of the ship. Carver, according his own testimony, jumped ship a few days before the tugboat accident to pursue his girlfriend in Illinois. He asked Bavaret to take his place at the helm of the tugboat. Bavaret's inexperience and lack of qualifications for the job resulted in an accident that ended with more than 280,000 gallons of fuel spilled into the Mississippi River. According to Jim Sellers' testimony, hiring inadequately licensed crew members was a regular practice at DRD Towing. The company, which closed down in August, had previously substituted an unlicensed deckhand for an apprentice mate. According to Sellers, he tried, on many occasions, to caution his employers at DRD Towing that the practice of staffing the vessel crew with insufficiently licensed personnel could end up causing problems for the company.
a Class 150 lift boat used for work on offshore drilling rigs and platforms. In March of 2007, when he began experiencing stomach pains, Charbonnet requested that his employers provide medical care; his request was denied. At the time, the vessel was just off the Jefferson County shore. Lack of immediate medical attention intensified Charbonnet's symptoms and, as a result, the seaman suffered extreme “physical pain” and “mental anguish”. Charbonnet was later diagnosed with ulcerative colitis. The lawsuit claims that the illness resulted in physical impairment, discomfort, distress, and mental anguish. It also alleges that the employers were negligent in: their failure to provide immediate medical attention, their failure to supervise crew and train employees, and their failure to provide safety equipment and a safe workplace.
Coastal Maritime Stevedoring LLC is a stevedoring company based in Jacksonville, Florida; the company provides loading and unloading services for various kinds of cargo, in addition to warehouse and marine terminal management. The company is capable of handling over sized and unusual cargo, including: military cargo, water crafts, locomotives, cranes and construction machinery. Daise was apparently involved in transporting cargo for Coastal Maritime at the time of the accident.
According to the NTSB, Cosco Busan pilot, John Cota, bore most of the responsibility for the accident due to his failure to read radar data properly. Also, at the time of the accident, Cota was, reportedly, taking as many as 11 different medications for various conditions, ranging from alcoholism to depression. The Board vocalized the reaction of many
to report for work at a plant