Amidst concerns that the families of those killed in the April 20 Deepwater Horizon explosion would not be able to recover financially for their losses, Rep. John Conyers (MI) and Rep. Charlie Melancon (LA) have introduced HR 5503, the Securing Protections for the Injured from Limitations on Liability Act, or SPILL Act.The bill is not only geared at helping the families of those killed in the Deepwater Horizon disaster, it also focuses on amending two laws that date back to the 1920s and repealing an outmoded law from the mid-19^th century.

The antiquated Limitation of Liability Act (LOLA) was passed in 1851 in an effort to make U.S. ship owners competitive with their European counterparts, whose liability was limited under European admiralty codes. LOLA limited a ship owner’s liability to the post-incident value of the vessel and its salvageable goods, thus insulating owners from unlimited liability. The act was intended to protect against the loss of cargo, at a time when a ship was much more likely to sink or be substantially damaged at sea. Transocean, owner of the semisubmersible Deepwater Horizon, is currently attempting to use LOLA to limit its liability in the explosion to the current value of the rig as it sits at the bottom of the ocean, $27 million. Sen. Charles Schumer (NY) has also introduced a bill, the “Remuneration for Ecological and Societal Tolls Occasioned by Reckless Errors Act,” that would repeal LOLA. (more…)

Recently the Food and Drug Administration announced that officials are looking into possible steps requiring device makers to print the radiation dose on each X-ray or other images so patients and doctors can see how much was given.

This action is in response to numerous medical studies showing that Americans are getting too much radiation and unnecessary treatments and tests. Currently, doctors have no way of tracking how much radiation patients receive and except for mammograms, there are no federal rules on radiation doses. Children and young women, who are most vulnerable for radiation harm, sometimes get too much at busy imaging centers that don’t adjust doses for each patient’s size.  (more…)

“Operate to failure” is reportedly BP Oil’s instructions to employees in the operation of its oil drilling locations. Reportedly, that means BP runs equipment until it breaks down before spending any money on upkeep.

This information was reported today in an article discussing the investigation of conditions existing in a BP operation in Prudhoe Bay, Alaska. This is a BP operation, which has already suffered two previous oil spills and employees there predict the potential for a spill that “could rival the havoc in the Gulf”. The most recent spill occurred in November of 2009 and resulted in 45,828 gallons (1,091 barrels) of oil material deposited on the pristine Prudhoe environment.

A man who has been an employee of BP for over 30 years stated that, “The condition of the [Prudhoe Bay] field is a lot worse and in my opinion a lot more dangerous. We still have hundreds of miles of rotting pipe ready to break that needs to be replaced. We are totally unprepared for a large spill.”

TruthOut reported the testimony of an employee who wished anonymity due to fear of reprisal:

“With minimum manning in maintenance and operations we are basically running a broken plant with too few people to address the problems in a timely and safe manner,” the employee said. “Operations can not rely on Management to provide them with a safe and reliable plant to work in. The management of our maintenance at [Lisburne Production Center] simply is not working to maintain a safe operation. This gap in maintenance management causes problems that increase the overall risk of plant integrity and personnel safety.”

Back in the Gulf, we have heard repeated reports of malfunctioning equipment; cutbacks on safety; dead batteries on the blow out equipment; and an overall inadequate design in safety devices.

Back in the Gulf, BP has not spilled a thousand barrels of oil, they continue to spew 20,000 barrels every single day.

From the reports we have seen so far, it seems pretty clear that the same “operate to failure” theme that seems to exist in Prudhoe Bay was also practiced at the Deepwater Horizon well.

What is perhaps more disturbing is that the “industry standards” described by oil officials in testimony before Congress, sound more like minimum effort – maximum profit thinking from the entire industry.

What should we have been able to expect?

As I have suggested in previous articles, my oversight of BP and the rest of Big Oil would have involved:

More and more studies show that adequate sleep is not only important for children, but for adults as well. Not getting enough shut eye decreases concentration, causes weight gain, and increases your chances of depression, schizophrenia, Alzheimer’s disease and stroke. People with sleep abnormalities and disturbances are also more likely to have allergies, ear infections, hearing problems, and social issues such as aggression, anxiety and depression.

As reported by the National Health and Nutrition Examination Survey, a sleep study followed 8,000 adults over several years and tracked the subjects who slept less than seven hours a night. The study found that those who slept less were at greater risk of obesity and weight gain and the risk increased with every hour lost. In another study, it showed that those who slept less than seven hours consumed at least 500 more calories than those who slept seven or more hours. Those who slept less also ate more snacks and carbohydrates. The theory is that as sleep decreases, the body produces more ghrelin, a hormone that stimulates appetite.

Those all nighters we pulled in our college days were not good for us either. It actually hurts our efforts to concentrate and retain information and sleep deprivation impairs memory and judgment. According to Dr. Glenn D. Braunstein, M.D., Chairman of the Department of Medicine at Cedars-Sinai Medical Center, during sleep the brain processes events and experiences during the day. Dr. Braunstein says, “The sleep process helps reinforce the understanding of tasks and content, and strengthens the ability to comprehend and remember experiences.”

Dr. Braunstein has also found that sleep helps the brain organize memories, understand experiences, and integrates information acquired during the day but didn’t have time to process. “It has a tremendous impact on a person’s ability to cope,” comments Dr. Braunstein. “This is especially relevant to the sleep requirements of children and their emotional development.” A Northwestern University study of 500 preschoolers found that children who slept less than 10 hours a day were more likely to misbehave, and were at a greater risk for acting out behavioral problems.

According to Dr. Braunstein, as a general rule, infants need 16 hours of sleep; babies and toddlers need 10-14 hours; children age 3-6 need 10-12 hours; kids age 6-9 need 10 hours; kids age 9-12 need 9 hours; teenagers need about 9 hours; and adults should aim for 7-8 hours. However, Dr. Braunstein says sleep is “as individual as snowflakes,” meaning that you need to sleep as much as our own personal physiologic makeup dictates.

The National Geographic Channel recently aired a special on Fatal Familial Insomnia (FFI). FFI is a deadly form of insomnia that runs in some families. While extremely rare, (there are only 40 families in the world that have the condition), it shows how important sleep is to our well-being. This tragic illness also proves how severe sleep deprivation can be on the human body.

So before you go for a period of time without quality sleep, remember the consequences. You need to let your body recoup and regenerate itself properly to be health and happy.

The Deepwater Horizon Oil Disaster that continues to dump 20,000 to 40,000 barrels of oil everyday into the Gulf poses more questions than answers. We still do not know how it happened or whether BP will pay for its reported drive for profits over safety.

President Obama’s latest effort to insure BP’s financial liability has led him to press BP to set up a fund, of up to $20 billion, from which those harmed, might be reimbursed. This tactic emerged in the wake of fears that the Oil Pollution Act (OPA) of 1990 would cap BP’s liability at $75 million. If it can be shown that BP committed gross negligence or violated applicable safety standards, the cap, however, will be pierced.

A June 14th letter from the U.S. House of Representatives Committee on Energy and Commerce to BP CEO Tony Hayward outlines some of BP’s gross negligence:

• Using a well design that had few barriers to gas flow; BP had two options when installing the final section of steel tubing the day before the blowout. It could lower a string of “casing” from the top of the wellhead to the bottom of the well or hang a “liner” from the lower end and install a “tieback” on top of the liner. A BP plan prepared days before the blowout advised against the “casing” tactic, but BP chose to pursue that method because the liner-tieback option would cost $7-10 million more and delay drilling three days longer.
• Failing to use an adequate number of centralizers to prevent channeling during the cement process; BP knew that the well could have a SEVERE gas flow problem, if BP used only six centralizers instead of 21. Centralizers are attachments that fit around the casing to keep it in the center of the borehole while it is being lowered. One BP official noted, in an e-mail on April 16, that the 10 hours it would take to install the extra centralizers was too much time.
• Failing to run a cement bond log to determine the effectiveness of the cement job; BP’s mid-April plan predicted that the cement process would fail; however, BP did not take the time to run a cement bond log, a 9-12 hour procedure, which would have established whether the cement had bonded correctly with the casing. Nine to 12 hours, the $128,000 cost of the test, and remediation of any discovered problems were apparently too great of a sacrifice for BP to make. An independent expert hired by the Congressional Committee stated that not preforming the test when using a single casing method was “unheard of” and “horribly negligent.”
• Failing to fully circulate possible gas-bearing drilling muds out of the well; this procedure would have permitted workers to test for influxes of gas, allowed a controlled release of gas pockets, and guaranteed removal of well cuttings. Though this process is recommended by the American Petroleum Institute, BP only partially circulated the mud, saving 12 hours.
• Failing to install a casing hanger lockdown sleeve that would have stopped the seal from being blown out from below and secured the well.

All signs point to what many have believed; BP sacrificed safety, the environment, and the interests of the American people in an effort to turn a larger profit at a faster pace. The contents of the Committee’s letter to the BP CEO indicate that BP was grossly negligent and likely violated applicable safety standards. What is even more likely is that these actions only represent the “tip of the iceberg in this tragic story.

If you’ve followed the news lately, you’ve probably noticed that a number of suits have been filed in states along the Gulf, as those devastated by the British Petroleum (BP) oil spill attempt to recover for losses to their property and livelihood. Attorneys have filed suit in Birmingham, Galveston, and New Orleans, on behalf of fishermen in the regions. While most of these suits are aimed at the worthy goal of restoring some semblance of normalcy back to the lives of the people of the Gulf region, the litigation itself may be somewhat premature.

Under the Oil Pollution Act of 1990 (OPA), which will govern BP in determining their liability, “all claims for removal costs or damages shall be presented first to the responsible party.” See 28 U.S.C. §2713. President Obama has already designated BP as a responsible party under OPA. The next step should be to file claims with BP, not to file suit against them. Once BP has notice of the claim, they have 90 days to pay for the damages before the claimant can bring litigation. In the cases brought thus far, claims have not been filed with BP because it has not even been 90 days since the April 20 Deepwater Horizon explosion. Those injured may also opt into the Oil Spill Liability Trust Fund, which may be focused mainly on removing the oil.[1]

The conclusion is that presenting a claim to a responsible party prior to filing suit is a mandatory condition precedent, and judges have dismissed OPA cases that have failed to do this. In a 1995 case, Boca Ciega Hotel Inc. v. Bouchard Transp. Co. Inc., the 11th Circuit Court of Appeals dismissed an OPA claim that was not properly made to the defendant prior to trial. Any case brought prior to this type of action should thus eventually prove unfruitful.

BP has provided individuals with a claims process through which they plan to reimburse some individuals for part of the losses they have incurred. This, however, may not be an adequate remedy for those who have suffered significant financial harm. The losses suffered by many will not be fully known or calculable for some time.

Individuals and businesses should be wary of settling claims for future injury with BP when the totality of the oil spill is not yet known. There should be little doubt that in settling these claims, BP is acting in their own best interests. Those who have suffered property or business loss from the oil spill should do the same and know the potential effects of reaching a settlement with BP, which may not take into account all damages.

In Florida a car is a “dangerous instrumentality. Florida common law holds that owners of motor vehicles may be held liable for damages suffered by third parties as the result of negligent operation of their vehicles when the vehicle is driven with their knowledge and consent. The theory behind this common law is that motor vehicles are dangerous by their very use and, as such, are inherently hazardous, having the potential to cause serious personal injuries if negligently operated. See Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 469 [Fla. 1920].

With the ownership or operation of a motor vehicle comes great responsibility. There are precautions and rules that everyone behind the wheel should acknowledge and follow, in order for all of us to remain as safe as possible on public roadways.

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The CDC (Center for Disease Control and Prevention) held a conference call today where concerned citizens across the country listened and asked important questions regarding the ongoing Gulf Oil Spill crisis. Many individuals asked questions regarding their particular affected field. Physicians, paramedics, and nurses asked the CDC how they should respond when they begin to receive patients with injuries as a result of the spill. Others asked questions about the how the various organizations are collecting and consolidating the data developing from the spill. While several of these questions were answered, many were not.

One concerned educator asked about the upcoming hurricane season and what types of new protocols are being implemented in response. The CDC was unsure. Additionally, a Louisiana Registered Nurse noted that the reports regarding the spill are currently on a voluntary basis. She expressed her concern that because the reports are merely voluntary, her facility may be negatively affected for doing the right thing and lose business as a result. A representative from the CDC said that it is unlikely that something like that would happen and companies such as BP were being very cooperative at the moment. Her response, “well I don’t really trust BP anymore.”

Importantly, one woman referred back to the September 11 air pollution levels as a result of all of the debris. At that time, the government reassured the public that the pollution levels were acceptable and did not pose a risk to workers. Years later, however, it was discovered that thousands of workers involved in the cleanup have suffered long-term health issues as a result. Similarly, the cleanup efforts for the Gulf should not be taken lightly. The CDC and other government entities need to closely monitor the long-term effects that these chemicals may have on clean-up workers. Especially since many of the cleanup workers are fishermen who have already lost their economic livelihood as a result of the spill. Their health should not have to suffer as well.

If you have a question regarding the oil spill that you believe the CDC can help assist you with, please contact the CDC at their website or through email at coca@cdc.gov.

If you need assistance from Poison control, please call 1-800-222-1222.

The CDC also recommends visiting NOAA’s (National Oceanic and Atmospheric Administration) website for further information.

There are common themes that have become the mainstays of truck accident litigation for decades:

• Driving too fast for conditions.
• Logging too many hours without taking appropriate breaks.
• Shoddy vehicle maintenance.
• Inadequate training.
• Driver inattention.

While these potential root causes will always need to be thoroughly evaluated in any trucking accident case, new tools need to be employed in attempting to establish why a crash involving a big rig occurred. One thing that has not changed, however, is the need to deploy these new techniques as quickly as possible after an accident before the data is lost or destroyed, either accidentally or intentionally.

Perhaps the most critical piece of data in examining the root cause of a trucking accident that needs to be explored is a download of the involved tractor’s “black box.” The black box, or electronic data recorders (“EDR”), is essentially a computer module that monitors and records critical data points when certain circumstances occur, including a sudden and unexpected loss of the semi’s velocity. Although the universe of data that is captured by the EDR varies according to the engine’s manufacturer, typical information includes throttle, clutch, and brake application; in addition to vehicle speed; and whether or not the cruise control was engaged. Rather than just covering a few fleeting seconds before an event occurs, the EDR can capture almost two minutes of data before a crash occurs. The captured data can then be downloaded by a trained technician and can provide powerful evidence as to what a truck driver and the semi itself were doing immediately before the crash, providing the backbone for the accident’s reconstruction.

Some commercial semis are also equipped with technology that can actually help a truck driver avoid a collision. Using sensitive radars, the accident avoidance system can alert drivers to another vehicle in their blind spot or even slowing ahead. In the event of a crash, the data from the accident avoidance system can also be downloaded in an effort to recreate precisely what information was being communicated to the driver immediately before the crash occurred.

In the modern transportation age, semis are often dispatched electronically to their next destination. Electronic dispatch records are often integrated with global positioning systems which precisely track an individual tractor trailer’s location, movement, and speed.

Unfortunately, and often with tragic consequences, drivers of commercial motor vehicles sometimes make the dangerous choice of texting while driving or allowing themselves to become distracted by engaging in conversations on a cell phone. A truck drivers cell phone records, whether provided by the trucker’s employer or a personal cell, can provide powerful evidence about the possibility of driver inattention due to cell phone usage.

This data, however, will not live forever. In the days and weeks following a crash, the involved tractor can be repaired and put back into service, risking the potential for the data being written over or erased. If the crash was violent enough and the semi is incapable of being repaired, it can be sold for scrap, and in the process, destroying the critical data before it can be accessed. Digital and hardcopy files are often discarded or recycled. Similar to skid marks and witnesses’ memories, the passage of time can result in the loss of data that is critically important in performing a thorough accident investigation and recreation of a crash involving a tractor trailer.

Accordingly, if you or someone you love has been injured in a crash involving a tractor trailer, it is important that you secure legal representation as soon as possible to ensure that the available data and information is appropriately secured.

Much has been reported over the last several weeks about the Oil Pollution Act of 1990 (OPA) and how it relates to the Deepwater Horizon oil spill. Discussion has mainly centered on the part of the law that might limit British Petroleum’s (BP) liability to $75 million. U.S. Senators, with the initial support of President Obama have even gone so far as to seek passage of a retroactive bill that would raise the liability cap to $10 billion. Senators on both sides of the aisle have blocked these efforts, showing concern that doing so may prevent smaller companies from operating offshore drilling rigs. Nevertheless, whether Congress is able to raise the level of liability may not matter, as certain provisions are likely to allow claimants to “break the cap.”

Under OPA, BP would be required to pay for all removal costs plus up to $75 million in damages. BP has already spent $1 billion in cleanup costs, and investors believe cleanup will likely total well over $10 billion. If OPA forces BP to pay for the entire cost of cleanup, the question then becomes whether they will be obligated to pay for damages sustained by those who live on the Gulf. The answer, perhaps somewhat surprisingly, is that BP’s actions on and prior to the April 20 explosion may make them liable for damages in excess of the $75 million cap.

In order to break the cap, claimants must show that the incident was proximately caused by,

• (A) gross negligence or willful misconduct of, or
• (B) the violation of an applicable Federal safety, construction, or operating regulation by,the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party. See 33 U.S.C. §2704(c).

With news that the Justice Department is opening both civil and criminal investigations and that President Obama has appointed a special commission, including former Florida Sen. Bob Graham and former EPA Administrator William Reilly, it appears as though some in Washington D.C. believe gross negligence or a violation of safety regulations did occur. In his testimony before the U.S. Coast Guard investigatory committee, Douglas Brown, the chief mechanic on the Deepwater Horizon, stated that BP cut corners while pushing workers to complete drilling at an even quicker pace. As if it wasn’t obvious, BP’s CEO has since admitted that their being unprepared for such a spill is “an entirely fair criticism.”

While it’s clear that BP was not prepared to handle such an event, whether their actions prior to and on April 20 rise to the level of gross negligence or a violation of Federal regulations will be left for a judge or jury to decide. If one of those exceptions can be proven, the $75 million dollar OPA cap should have no effect on what those devastated by the spill are able to recover.