BP oil spill worker sues Memorial company

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BP oil spill worker sues Memorial company
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by Andrea Dearden, published December 2, 2010 10:59 am


A Louisiana man is suing his former employer and the BP Corp., claiming it never warned him he was working with dangerous chemicals during the Deepwater Horizon oil spill clean-up effort.

Seaman David Leon Brooks filed the Jones Act complaint against Tidewater Marine LLC, the BP Corp. and Nalco Co. on Nov. 30 in Harris County District Court. Brooks accuses the defendants of negligence for allowing him to be splashed with and to inhale toxic chemicals while working in the Gulf. Tidewater Marine maintains an office in Memorial.

Brooks says he was working for Tidewater Marine when the BP drilling platform exploded 41 miles off the coast of Louisiana. In May, BP began releasing two types of dispersant into the Gulf of Mexico to remediate the massive oil spill caused by the explosion. Brooks was aboard a Tidewater vessel and responsible for spraying the dispersant into the water.

Less than a month after the clean-up began, BP had released more than 600,000 gallons of the Corexit 9527 and Corexit 9500 dispersant into the Gulf. The EPA determined the chemicals were extremely toxic and could cause “red blood cell damage, kidney damage, liver damage, respiratory distress, flu-like symptoms and other serious, permanent and disabling injuries and conditions.”

On May 23, the EPA ordered BP to drastically reduce its use of the toxic dispersant. Despite the actions of the EPA, Brooks says he was not warned by Tidewater or BP about the dangers of the Corexit chemicals or the need to wear protective equipment or clothing while using them. Brooks says he inhaled the dispersant and had the toxic chemical splash onto him causing him “substantial physical injury.”

Brooks accuses Tidewater and BP of negligence for failing to protect him from the toxic dispersant. He also claims the companies were operating an unseaworthy vessel during the oil spill clean-up, which allegedly added to his injuries.

Nalco Company, the manufacturer of the Corexit products, is also named as a defendant. Brooks contends the company is liable for continuing to produce and market the “unreasonably dangerous products” without adequate safety warnings.

Brooks is asking to be compensated for pain and mental anguish, physical impairment, disfigurement, medical expenses, lost wages and decreased earning potential. He is also asking to be awarded exemplary damages along with interest, court costs and attorney fees.

Attorneys Newton B. Schwartz Sr., James A. Stegall III and Kelly W. Kelly are representing Brooks. They demand a jury trial.

Harris County District Court Case No. 2010-78282.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.
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