It has been four years since the BP oil spill pumped 210 million gallons of oil into the Gulf of Mexico, yet many businesses and individuals affected by the spill are still fighting to obtain compensation. Clean up workers and coastal residents seeking medical damages in the settlement comprise one such group still struggling to have their claims approved.
Mark Mead is a member of a group of about 20,000 coastal residents and cleanup workers who have currently been blocked from settlement payments. Mark Mead and two friends were fishing just miles away from the Deepwater Horizon oil rig when it suddenly burst into flames, lighting up the sky. The trio rushed toward the rig to help pull survivors and bodies out of the water. As the oil continued to spill out of BP’s damaged well over the next four months, Mark Mead helped as part of BP’s cleanup effort. He worked to retrieve contaminated boom near the Florida-Alabama line.
Despite his heroic efforts, Mead now finds himself part of a group of 20,000 who have been blocked from receiving settlement payments under a disputed reading of a phase found within the 1,000 page agreement.
U.S. District Judge Carl Barbier initially agreed with BP’s reading of the settlement and ruled to block the 20,000 coastal residents and cleanup workers. Now, however, he is reconsidering the interpretation and the affect it will have on these class members who will likely now face years of costly litigation. For Mead and the others, their fate now rests in Judge Barbier’s hands. Many of the cleanup workers and residents suffered severe medical complications as a result of exposure to the oil. Some are struggling with ongoing medical expenses and disability.
On another front, Federal District Court Judge Barbier has also ruled that BP cannot recoup the funds it claims to have overpaid victims of the oil spill. This ruling came on Wednesday, September 24, 2014 following several hearings on the matter. BP had successfully argued last years that the accounting methods used to determine claim payments were flawed and too generous. Judge Barbier ordered the office processing claims to adopt a new accounting procedure.
In response to this victory, BP then claimed that it should be able to recoup the hundreds of millions of dollars that it claims it overpaid to victims. Judge Barbier disagreed, finding that the earlier claims were paid under the settlement’s terms as interpreted at that time. The fact that the interpretation was later reversed does not equate to fraud by claimants, and does not justify recovery of monies paid. The individual release signed by all those who agreed to the settlement further supported this position, as in it claimants were informed that further legal proceedings or changes in the terms of the settlement would not affect them.
Barrett Law PLLC: Mississippi BP Oil Spill Attorneys Assisting Oil Spill Victims Until All Have Received Justice
It has been four years since the BP oil spill, but for many, relief continues to elude them. As this look at the recent legal rulings concerning the case demonstrates, BP oil spill litigation is ongoing and many questions still remain. The Mississippi BP Oil Spill Attorneys at Barrett Law PLLC vow to continue to assist oil spill victims in obtaining a recovery until the very end of this monumental case and chapter in U.S. history. If you have been or may have been impacted by the BP oil spill, our team of experienced oil spill attorneys can help. Call us today at 1 (601) 790-1505 to schedule your free consultation.
