Federal employees that do not wish to be included in the settlement agreement must opt-out by November 1, 2012 (this date was recently extended from the original date of October 1, 2012). By opting-out, federal employees will retain their right to sue BP for injuries or illnesses related to the spill, but will not receive any settlement benefits. Federal employees that do not opt-out by the deadline will automatically be included in the settlement agreement and will be bound by its terms. The instructions for opting-out are located here.
Full Answer
When can I file a claim for a medical settlement?
Although claims will not be paid until final approval of the medical settlement agreement, class members will be permitted to file claim forms in advance of any effective date of the settlement to facilitate prompt administration of the medical settlement should it be approved.
What are the settlement agreements reached between BP and the PSC?
The settlement agreements reached between BP and the PSC are the result of lengthy and detailed arm’s-length settlement negotiations conducted in good faith over many months. Under the economic loss agreement, there are agreed compensation protocols for the payment of class members’ economic losses and property damages.
How many “notices of intent to sue” has Deepwater Horizon received?
The Deepwater Horizon Medical Settlement Claims Administrator has received 6,389 “Notices of Intent to Sue” BP, according to Joseph L. Bruemme, associate general counsel for Garretson Resolution Group in Cincinnati, who represents the claims administrator.
How are payments made under a medical settlement?
Under the medical settlement agreement, payments will be made based on a matrix for certain specified physical conditions.
When did the Periodic Medical Consultation Program start?
The Program was implemented as of Feb. 12, 2014, and was available to all qualifying class members.
Can you sue BP for a physical illness?
Back-End Litigation Option for physical illnesses that emerge in the future: Residents and cleanup workers eligible for benefits under the Settlement may have the right to sue BP if they get sick in the future and comply with certain Medical Benefits Settlement procedures and requirements.
How many notices of intent to sue BP?
According to the group’s latest report for the third quarter of 2018, more than 62 percent of claims have been approved.
Where was the BP spill?
The BP spill happened with the blowout of the Macondo Well, which was drilled by the Deepwater Horizon rig on the outer continental shelf in the Gulf of Mexico, about 130 miles southeast of New Orleans.
What is the name of the eye condition that BP exposed him to?
Miami resident Rafeal Urroz Roa filed a claim against BP Exploration & Production Inc. in July, alleging that he developed chronic conjunctivitis—an eye condition—after being exposed to oil and harmful chemicals through his eyes, nose, mouth, and skin as a cleanup worker.
Why did Roa develop the disease?
He says he developed the disease in 2012 because of a lack of proper protective gear. Roa’s claim is one of thousands of cases classified as back-end litigation against BP—also known as BELO cases.
Who is the BP spokesperson?
BP spokesman Jason Ryan, in an email to Bloomberg Law, declined to comment on the Roa case. But he said the company’s 2012 medical settlement agreement “provided a fair, reasonable and adequate resolution for legitimate medical claims stemming from the Deepwater Horizon accident.”
Is cleanup a health issue?
A study conducted by the Journal of Blood Disorders and Transfusion states that cleanup workers are at a higher risk of developing blood-related cancers, “altered blood profiles,” and other health issues.
Did the BP oil spill preclude back-end litigation?
In 2015, a Louisiana federal judge decided that a 2012 medical benefits settlement for victims affected by the BP oil spill didn’t preclude claimants from filing back-end litigation , which enables claims related to medical conditions that manifested after April 2012 to be heard by a jury.
