Medical Monitoring Costs Available To Those Exposed in Gulf of Mexico
Posted on behalf of Goldberg Finnegan, LLC on Oct 02, 2011 in Oil Spill
On Friday September 30, 2011 there was a very important ruling from Judge Barbier-the presiding Judge in the Federal Gulf Oil Spill MDL. The Federal Court ruled that those who were exposed to the oil or the dispersant in the Gulf of Mexico can assert a claim for "medical monitoring costs." However this does not mean that everyone has a medical monitoring costs claim. The Court explained that A claimant would have to have a symptom or direct exposure. For example if a person had a headache, nausea or vomiting after smelling the fumes of the oil or the dispersant, then that person would have a valid medical monitoring costs claim. then Judge Barbier went on to say:
The B3 Master Complaint alleges that Plaintiffs physically contacted and/or inhaled fumes from oil and dispersants. At least some of the Plaintiffs are alleged to have suffered headaches, nausea, vomiting, respiratory problems, rashes, lesions, chemical burns, etc...Therefore, Plaintiffs who allegedly suffered these affects have sufficiently pled an "injury" giving rise to a cause of action. Moreover, these Plaintiffs who have pled an injury may be entitled to medical monitoring as an element of their damages."
If you, or someone you know believes that they were exposed to oil or dispersant, you should contact a Gulf Oil Spill attorney to discuss your options. Our firm is working with the Louisiana Law Firm of Finckbeiner & Robin on these cases and we are happy to speak with you for fee. Contact us at 888-213-8140 for a free telephone consultation. If we end up taking your case, there will be no attorney fee unless there is a recovery.
If you would like a copy of this most recent Memorandum Opinion, email me at firstname.lastname@example.org and I will email a copy of the opinion to you.