Maryland Injury Lawyers Blog

If you suffered economic losses or property damage as a result of the 2010 Gulf Oil Spill you need to make yourself aware of the the details of the recent class action settlements, as the deadline to opt out of the settlement is October 1, 2012. The settlements are complicated and there are numerous deadlines to be aware of. It is a good idea to hire a lawyer to help with your claim---and most lawyers do not charge a fee or costs unless there is a recovery in the case (you will not have to pay the lawyer until the end of the case). Here are some important details:

1. Even if your claim was denied by the GCCF you still may have a valid claim under the class action settlement. In other words, if you or your business suffered economic losses as a result of the Gulf Oil Spill, you should strongly consider participating in the class action settlement and submitting a timely claim form.

2. Claim Forms will be available June 4, 2012, and claims can be submitted right away. Payments will be made on a rolling basis. That means that the sooner your claim is submitted, the sooner you will be paid.

3. The deadline for submitting claims under the settlement depends on whether you have a claim in the "Seafood Compensation Program" (e.g. commercial fishermen, deckhands, oystermen, shrimpers, etc.). For Seafood Compensation Program Claims, the deadline to submit the claim will be 30 days after the Court grants final approval to the settlement. We do not yet know when this will happen---but it will likely be shortly after the "fairness hearing" that is scheduled for November 8, 2012.

For economic loss and property damage claims that are not involved in the Seafood Compensation Program the deadline for submitting claims is April 22, 2014 or six months after the Settlement becomes effective (after final court approval and any appeals are resolved), whichever date is later.

4. For some potential claimants who are members of the class, it may be beneficial to "opt out" of the Gulf Oil Spill Settlement. To Opt out of the BP Settlement you must mail your written request to Opt Out stating "I wish to be excluded from the Economic & Property Damages Class" by October 1, 2012 to Deepwater Horizon Court-Supervised Settlement, Exclusions Department, PO Box 222, Hammond, LA 70404-0222. You cannot opt out by phone, email or on the website. If you choose to opt out of the economic class action BP Settlement you must opt out for all claims you have. Opting out is an important decision that each individual/business needs to make carefully and with a full understanding of the consequences. An attorney can be very helpful in this regard.

5. A great resource of information about the Gulf Oil Spill settlement with BP is the court notice of settlement.pdf

6. The Court recently issued a court notice of settlement.pdf to potential class members explaining their options and providing information about the settlement. The notice packet also contained Zone Maps 5.20.12.pdf for the impacted areas (Texas, Louisiana, Mississippi, Alabama and Florida). The Court has indicated that if potential claimants have questions they can go to deepwaterhorizonsettlements.com or call 1-866-992-6174.

Another good resource for information about the settlement is on our website.

Does your child have difficulties in school and/or evidence of a neurological injury that has not been medically diagnosed? Unexplained behavior propblems? Well, it is possible that your child has lead poisoning. You see, until this week, children with blood/lead levels of less than 10 mg/dl were not thought to have lead poisoning. The standard for the diagnosis has changed to 5 mg/dl and this means that the number of children with lead poisoning related brain damage is likely as high as 450,000.

This week the Center for Disease Control announced lowered the threshold for lead poisoning in children from 10 mg per deciliter to 5 mg per decilitres. This means that about 450,000 children in the United States have "lead poisoning." In the upcoming months, many parents will be getting the devastating news----that their child has lead poisoning. Our lawyers can help hold those responsible for the lead poisoning of our children responsible so that these children's future medical and educational needs can be met, and the impact of the brain damage on their lives and futures can be minimilized. Call us at 888-213-8140 for a free lead paint poisoning phone consultation.

The CDC has published a short brochure about what parents need to knwo to protect their children from lead paint poisoning.

Exposure to lead paint causes serious brain damage, lowers IQ levels, and causes other neurological injuries. Until recently, it was generally assumed that if blood lead levels were below 10 mg per deciliter there was no need for concern. Recent studies have shown that children with blood lead levels of even 5 mg per deciliter of blood are at great risk for permanent brain injuries and lower IQ's. The Advisory Committee for Childhood LEad Poisoning Prevention issued a report in late 2010, and this report has made recomendations to the CDC.

The Center for Disease Control has also specifically acknowledged that "no safe blood lead level in children has been identified."

Children who acquire lead poisoning generally get it from living in older homes that are dilapidated or under construction. Lead has been banned in paint since 1978. Children can also get lead poisoning in their blood from soil exposed to lead based gasoline, from certain toy jewelry and other toys that contain lead, and from dust on shoes from industrial worksites. Parents should remove recalled toys and jewelry from their homes and stay up to date on recalls by visiting the Consumer Product Safety Commission Website. . Lead can also be found from water pumped into homes through leaded pipes, imported items such as clay pots, and certain imported home remedies.

Call us at 888-213-8140 or email us for more information about how we can help you with your lead paint lawsuit in Maryland, Washington, D.C. or Virginia.

The BP Gulf Oil Spill Settlement for those directly involved in the harvesting of seafood is complicated. There are a lot of rumors floating around the fishing communities in Louisiana and elsewhere and it is important that those involved in the Gulf Seafood industry understand the facts when it comes to this settlement. HEre are some of the things that you should know:

1. $2.3 Billion Dollars has been set aside to compensate seafood crew, oyster lease holders, boat captains, and commercial fishermen for losses suffered as a result of the Gulf Oil Spill.

2. The categories of compensation are: (i) Shrimp, (ii) Oysters, (iii) Finfish, (iv) Blue Crab/Other Seafood and (v) Seafood Crew. Under each category there are various compensable claims. For example, under "Oysters" a separate claim can be made for oyster leaseholder interest, oyster leaseholder lost income, oyster vessel owner claims, and oyster boat captain claims.

3. This is very important: Seafood Compensation Program Participants must file a single sworn claim form seeking compensation for all claims. You cannot make multiple claims under the seafood compensation program.

4. The Seafood Compensation Program under the authority of the Court and Neutral John W. Perry, Jr.

5. For all participants of the Seafood Compensation Program there will not be an offset for compensation received in connection with the Vessel of Opportunity Program (VOO Program).

6. DEADLINE: The Seafood Program Claim Form must be submitted no later than 30 days from the date that the Court enters its Final Order and Judgment.

7. Claimants who make a claim under the Seafood Program may also make a claim a separate claim for compensation under the Economic and Property Damages Settlement Agreement.

8. A friendly warning---the formulas for compensation under the Seafood Compensation Program are quite complicated. The Seafood Compensation Program is set forth in detail in Exhibit 10 to the Settlement Agreement and it is about 85 pages long. It is my opinion that it is a very good idea to consult with an attorney and/or accountant for the preparation of your claim.

9. Generally speaking, Charter Boat Operators will not be eligible for compensation through the Seafood Compensation Program. Their claims for economic loss would be made outside of this separate funded program. HOwever, if a Charter Boat Operator also is a commercial fishman and earns money off shrimp or oyster, then he could make a claim under the Seafood Program for those losses.

10. Shrimp Boat Captains/Shrimp Vessel Owners can choose anyone of four methods to be compensated (Expedited, Reduced Expedited, New Entrant or Historical Revenue Method). Under the Expedited Compensation Method--Qualifying Shrimp Vessel Boat Owners/Lesees will receive between $104,063.00 and $582,750 depending on the size of their ship. (these amounts include the risk transfer premium of 8.25). Qualifying Shrimp boat captains will receive between $92,813 and $288,750.00 depending on vessel size under the expedited Compensation Method for Shrimpers.

11. Oyster lease holders can make two types of claims. Leaseholder Interest Compensation and Leaseholder lost income compensation. Oyster Harvesters can make a claim for "Historical Revenue Comensation." Eligible oyster leaseholders will receive either $2,000 per acre, $1,000 per acre or $400.00 per acre depending on whether they are in Zone A, Zone B, or Zone C. The formulas used to calculate Oyster Leaseholder Lost Income is complicated in that it looks at benchmark revenue, then adjusts for change in the 2010-2011 season, then uses an oyster loss percentage of 40% and multiplies by a Risk Transfer Premium of 8.75. Final Compensation is hte base compensation amount plus the base compensation amount mutiplied by 8.75.

For more information about the Gulf Oil Spill Settlement and how much compensation you can get visit our website.