Maryland Injury Lawyers Blog

Anyone who worked in the Vessel of Opportunity program in the aftermath of the 2010 Gulf Oil Spill in Louisiana, Mississippi or elsewhere in the Gulf of Mexico, is likely entited to damages. BP and its contractors (including U.S. Maritime Serivces) in many cases, failed to pay vessel owners for all of the time and days owed under the Master Vessel Charter Agreements (MVCA) signed with the boat Captains. The contracts provide that payment is due from the time the boat is under charter until the time that the boat is decontaminated. If you were only paid for the days that you actually worked, then you were underpaid and you are likely owed money. The boats involved in the clean-up--once they were contaminated with oil, could not be used for any other purpose such as fishing, or charter boating (because the boats were exposed to oil). It is for this reason that the boats are under charter until they are decontaminated. Some of the boats used in the VOO cleanup were actually damaged, and BP still has not paid for the damage to these boats.

A lawsuit has been filed in New Orleans, Louisiana on behalf of Lester Ansardi who is a vessel owner from St. Bernard Parish, Louisiana on behalf of himself and others similarly situated. The lawsuit can be seen here ansardi cpkt.pdf . What is unique about this Gulf Oil Spill Vessel of Opportunity Lawsuit is that it is filed in State Court (Orleans Parish, Louisiana) and not in federal court. Since BP is not a defendant in this lawsuit, it is unlikely that the case will be removed to the Federal MDL Proceeding in US District Court for the Eastern District of Louisiana.

The people who worked in the Vessel of Opportunity Program in the aftermath of the oil spill are heroes. They basically put their health at risk in order to help clean up BP's mess. They also put their boats at risk---which it is important to understand--is the key to most of these people's livelihood. It is, quite frankly, outrageous that these subcontractors have not pay these fishermen the money they are owed. Our law firm works with Finckbeiner & Robin out of Chalmette Louisiana on these matters and is committed to fight hard to get these vessel owners and their crew the money they deserve.

a tractor trailer carrying a large load of lumber overtured on the road in Suitland Maryland near Camp Springs. The road has been closed as a result of this truck accident. Fortunately, it does not seem that there were any serious injuries as a result of this incident. Tractor Trailer accidents in Maryland typically cause very serious and life threatening injuries. Anyone injured as a result of a truck accident should be sure to hire an attorney right away. Truck companies and their insurance companies are well known to play games with the investigation after a serious truck accident. Plus, there are federal regulations that only require truck drivers to keep their driver logs showing hours on the road and hours of rest for a very short time unless a proper preservation of evidence request is sent. These driver logs can contain key evidence that can establish a basis for punitive damages in truck crash cases. After a serious truck accident in which people are injured, truck companies and their insurance companies almost always retain a law firm immediately and will try to get to witnesses first to get statements that help their interests. Truck companies will almost always hire a private accident reconstructionist to gather evidence if it helps the truck companies case, but to be sure evidence is not preserved if it does not help the truck company's case. That is why it is so important that victims of tractor trailer negligence hire a law firm experienced in handling truck crash cases right away----so that your case can be investigated on even footing with the tractor trailer company.

Many of the first responders and clean up workders assisting in the aftermath of the 9/11 Terrorist attacks did not receive compensation because of the very restrictive rules on those eligible for compensation under the 9/11 VIctims Compensation Fund. A new law establishes a medical monitoring/treatment program and compensation for those involved in the response, recovery, and clean up operations after the 9/11 attacks. Our law firm has experience handling claims against funds such as this as we represented several clients pro bono throught the Trial Lawyers Care Project in 2002-2003. That particular fund was administered by Ken Feinberg. Our lawyers currently are representing victims of the Gulf Oil Spill in their claims against the GCCF which is also administrered by Ken Feinberg.

If you or someone you love wishes to make a claim against the new 9/11 fund, our law firm can help. Contact us at 888-213-8140. The initial phone consultation is free and we charge just a 10 % contingent fee on these cases. Call 888-213-8140 and ask for Kevin Goldberg.

The ailments covered by the new law include personal injuries, Aerodigestive disorders and Musculoskeletal disorders and include post traumatic stress disorder (PTSD), lung disease, respiratory disorders, asthmas, COPD, cough syndromes, airway disorders, chronic rhinosinusitis, chronic laryngitis, GERD, sleep apnea, low back pain, carpal tunnel syndrome and otehr musculoskeletal disorders. Unfortunatley, cancer does not seem to be covered by the new fund at this time. The new 9/11 Fund was established by the Zadroga Act and signed into law on 1/2/11 by President Obama. The Justice Department Published rules governing the fund which can be viewed by clicking here. 9.11 Rules.pdf This particular fund is administered by Sheila Birnbaum who is a life long New York Resident.

Unlike the original 9/11 Victim Fund, this new Fund covers those present at the World Trade Center site and any other crash site (including teh Pentagon) and debris removal routes. The time frame is expanded from just 9/11/01 exposures to any exposures 9/11/01 through 5/30/02. People eligible include clean up/debris removal workers, uniformed and non-uniformed personnel and community residents/volunteers. The Fund has $2.775 Billion Dolalrs but only $875 Million is availabel before 2016 (perhaps the rest can be used to help cancer victims). Payments to victims will be subject to reductions for prior compensation, collateral sources, and are TAX FREE!

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 FGulf 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 kgoldberg@gfmlawllc.com and I will email a copy of the opinion to you.